Eviction Lawsuit for Need or Substantial Renovation: What Is It and How to File?

In this article, we aim to provide basic information in a brief and understandable manner about eviction lawsuits due to housing needs and eviction lawsuits due to construction and substantial renovation, where the landlord can request the eviction of the tenant because of the residential or business need of themselves, their spouse, descendants, or ascendants, or the necessity to rebuild or substantially repair the leased property.

In practice, these lawsuits are among the most important reasons for eviction that balance the principle of protection of the tenant and the property right. In this context, under the framework of the Turkish Code of Obligations, issues such as under what conditions the landlord can request eviction, against whom the lawsuit can be filed, which court has jurisdiction, and the process are addressed.

1. What is an eviction lawsuit for need or substantial renovation?

This lawsuit is filed to obtain the tenant’s eviction where:

• the landlord,

                    * the landlord’s spouse, or
                    * the landlord’s descendants or ascendants
  
                

require the premises as a residence or workplace, or where rebuilding the leased property, carrying out substantial repairs, or expanding it has become necessary.

Through this lawsuit:

• an eviction order may be granted against the tenant.

                    * the landlord’s right of need or reconstruction is protected.
                    * the intended use of the property is reorganised.
  
                

This matter is based on Article 350 and the following provisions of the Turkish Code of Obligations.

2. In which cases is an eviction lawsuit for need or substantial renovation filed?

This lawsuit is filed particularly in the following situations:

• The landlord’s need for a residence arises

                    * The landlord’s need for a workplace arises
                    * A need for the property arises for a spouse, child, or parent
                    * Demolition and rebuilding of the leased property becomes necessary
                    * Substantial renovation or structural reinforcement is required
                    * Continued use of the property in its current condition is not possible
  
                

3. Who can file an eviction lawsuit for need or substantial renovation?

This lawsuit may be filed by the landlord, or by the owner on behalf of the landlord’s spouse or close relatives such as descendants or ascendants where a need exists.

4. Against whom is an eviction lawsuit for need or substantial renovation filed?

This lawsuit is filed against the tenant who actually uses the leased premises, or against a subtenant if the tenant fails to vacate.

5. Which court has subject-matter and territorial jurisdiction in an eviction lawsuit for need or substantial renovation?

The court with subject-matter jurisdiction is the Civil Court of Peace; the court with territorial jurisdiction is the court where the leased property is located.

6. Is there a time limit for an eviction lawsuit for need or substantial renovation?

In eviction lawsuits based on need, certain time requirements may apply depending on the term of the lease agreement. The need must be genuine, sincere, and necessary. Rather than a direct limitation period, the essential point is whether the required conditions have materialised.

7. What should be done before filing an eviction lawsuit for need or substantial renovation?

Before filing the lawsuit, the following matters are important:

• Establishing that the need is genuine and necessary

                    * Determining the current use of the leased property
                    * Preparing renovation or rebuilding plans
                    * Collecting documents that may serve as evidence
                    * Serving a notarised notice where necessary
  
                

8. How does an eviction lawsuit for need or substantial renovation proceed?

The lawsuit generally consists of the following stages:

1. The lawsuit is filed before the Civil Court of Peace. 1. The defendant tenant submits a defence. 1. The court examines the claim of need. 1. An on-site inspection is conducted where necessary. 1. Witness and documentary evidence is evaluated. 1. The court examines whether the need is sincere and necessary. 1. An eviction order may be granted.

9. How long does an eviction lawsuit for need or substantial renovation take?

Depending on the specifics of the case, the lawsuit generally concludes within 6 months to 2 years in practice. The volume of evidence and objections may extend the duration.

The information on this page is prepared for general informational purposes. Since the conditions of each concrete case may differ, legal evaluations may vary.

It is important to obtain legal support so that a case-specific assessment can be made regarding eviction lawsuits for need or substantial renovation.

The information on this page is prepared for general information purposes. The process of rental disputes may vary depending on the characteristics of each concrete case. In order to avoid loss of rights in the process of rental disputes and to ensure the process is conducted correctly, it is important to obtain legal support suitable for your concrete situation.

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