EVICTION IN LEASE AGREEMENTS SUBJECT TO GENERAL PROVISIONS
1-eviction due to default
2-eviction due to Akde violation
3-eviction due to expiration of term contracts
4-eviction on indefinite-term contracts
1-Due To Tenant Default
If the lessee does not fulfill the debt of paying the lease price or side expense, which is due after the delivery of the lessee, the lessor may give the lessee a period of time in writing and inform him that if he is not performing during this period, he will terminate the contract
The period to be given to the tenant is at least ten days and at least thirty days for residential and roofed workplace rents. This period begins to process from the day following the date of written notification to the tenant.
The right to Sue has been granted to the lessor, the non-lessor, the person who has acquired the real estate (the new owner).
Notice; for payment of the requested rent money in lease agreements subject to General Provisions,
the payment period to be given to the tenant is at least 10 days,
at least thirty days in residential and roofed workplace rents
Product rental is at least 60 days. Periods begin to be processed from the day following the date of notification in writing.
It must be opened after the payment period is expected.there is no need to wait for the contract period to be filed.
2-Careful Use And Respect For Neighbors
(Akde violation) the lessee is obliged to use the lessor carefully in accordance with the contract and to show respect to other persons and neighbors sitting in the real estate where the lessor is located. If the lessee acts in violation of these obligations, the lessor must provide a written warning that he or she will terminate the contract by giving a period of at least 30 days in the lease of the residence and the roofed workplace. In other rental relations,the lessor may immediately terminate the contract with written notice without prior notice to the lessee.
If the tenant intentionally causes severe and serious damage to the tenant, the time to be given to the tenant will be useless, or if the tenant’s behavior contrary to this obligation is unbearable from the point of view of the lessor or people living in separate real estate and neighbors, the lessor may terminate the contract immediately with a written notice.
In this article, Housing and roofed workplace rents must be given a period of at least 30 days due to contravention of the law.
In case of contravention of the contract in other rental agreements other than housing and a roofed workplace, the contract may be terminated with a written warning without a period of time.
Termination of akdin due to poor open use of the lessor is only possible in residential and roofed workplace rentals, and in other contracts, it is not envisaged that akdin will be terminated due to poor open use.
3-Due To Termination Of Contract
The Case Of Evacuation : With The Passing Of Time
If a period is explicitly or implicitly set, the lease agreement expires on its own at the end of this period. If the parties maintain a lease relationship without an explicit agreement in this case, the lease agreement becomes an indefinite term contract.
-If the lessor wants to within one month from the end of the contract, he can request the eviction of the lessee by applying for the execution path due to the end of the period. Again, at the same time, the SHM can file a lawsuit and request an eviction.
-If the lessor issues a warning that he will not renew the lease agreement during the lease term or during the filing period, the lease agreement will not be renewed, as well as indefinitely, then the lessor can always sue
4-Eviction Cases Filed Due To Termination Notice In Indefinite Term Lease Agreements
In an indefinite-term lease agreement ,each party may terminate the contract in accordance with the legal termination periods and termination notice periods,unless a longer termination notice period or other termination period has been agreed.
Termination periods are also based on the start date of the lease agreement. If the termination period or notification period specified in the contract or law is not complied with, the notification shall be valid for the next termination period.
- Notice of termination can be made by one of both parties.The lessor may terminate the contract by following the notice period of termination in the lessee.
- In cases to be filed due to notice of termination, no reason should be shown. It also does not depend on the consent of the other party.
-If a lawsuit has been filed in accordance with the notice period of termination, the lawsuit filed without any other reason is accepted.
In Immovable And Movable Building Leases
Eviction Due To Termination Notice
Each party may terminate the lease agreement for a movable or movable structure in accordance with the three-month notice period for the end of the lease period specified in the local custom, or for the end of the six-month lease period in the absence of such custom.
Eviction Due To Extraordinary Termination :
Eviction Due To Significant Reasons
Each party may terminate the contract at any time in accordance with the legal termination notice period if there are significant reasons that make the continuation of the lease relationship unbearable for it.
The judge also decides the monetary consequences of the notice of extraordinary termination, taking into account the situation and conditions.
