In rental relations, there are legal regulations to maintain the balance between the tenant and the lessor. The lessor has the right to evict the tenant in cases where the leased property requires reconstruction, reconstruction or major renovation. However, certain conditions and procedures must be followed in this process.

Article 350/2 of the Turkish Code of Obligations. The article regulates that when the leased property needs to be substantially repaired, expanded or changed for the purpose of reconstruction or zoning, the lessor may decide to evacuate by filing a lawsuit at the end of the term in fixed-term contracts, or by complying with the termination period in accordance with the general provisions in indefinite-term contracts. However, for this process to occur, certain conditions must be met.

First, the leased property must require substantial renovation for reconstruction or development purposes. This should not be limited to minor fixes such as simple paint and whitewash. It is important that the renovation to be carried out complies with the zoning legislation and is based on a project approved by the relevant municipality.

Secondly, it should not be possible to use the rented property during the renovation process. If it is not possible for the tenant to use the rented property during the renovation, the necessary conditions for an eviction decision may occur.

Thirdly, the expert report to be obtained from the court is important in this process. A detailed survey should be made by an expert on the condition of the leased property and the nature of the renovations to be made, and a report should be submitted. This report has an important role in the court’s decision to release.

Finally, the lessor may be required to give the tenant a certain period of written notice before filing for eviction. This process may vary depending on the notice period specified in the lease agreement.

Once the eviction decision is made, the former tenant may be given priority in the case of renting the reconstructed or renovated property. However, in this case, certain compensation may be required to be paid to the former tenant.

In summary, certain legal procedures must be followed during the evacuation of the leased property for reconstruction or reconstruction purposes. It is important that the lessor proves that they have justified reasons and fulfills the necessary conditions for the court to decide on this issue. In this process, care must be taken to ensure justice and maintain the balance between the parties.

Legal Regulation of Evacuation Due to Reconstruction

There are many different types of topics about evictions; Eviction Case Due to the New Owner’s Need, Mediation and Eviction Agreement in Rental Disputes, Eviction Commitment Letter, Precedent Decision Upholds Tenant-Signed Eviction Undertakings and many more… Each of them can differ considering Turkish Code of Obligations. Eviction of the tenant due to construction or renovation is subject to Article 350/2 of the Turkish Code of Obligations. It is evaluated within the scope of the article. The landlord may have the tenant evicted by filing a lawsuit for the reconstruction, reconstruction or substantial repair of the leased property. However, certain conditions must be met for this case. The leased property must be in a state that requires major repair, expansion or alteration for reconstruction or zoning purposes, and it must not be possible for the tenant to reside in the leased property during this period. In addition, for these works, an architectural or preliminary project approved by the relevant municipality must be submitted. In order for the lessor to apply this method, the leased property must be a workplace or residence with a roof. The eviction process is determined by a court decision if it will seriously affect the tenant’s life due to reconstruction or zoning. If the lessor does not file a lawsuit within a certain period of time, the period for filing a lawsuit may be extended if the lessor has notified the tenant in writing. It is important for the tenant to protect their legal rights and make the necessary objections during this process.

Frequently Asked Questions

Can the landlord evict the tenant due to renovations?

Yes, the landlord can evict the tenant due to renovations, but only if the project is approved and the renovations are large enough to prevent the tenant from occupying the rented property.

How many days does it take to evict a tenant due to renovation?

The tenant’s eviction period due to renovation is one month after the period notified to the tenant in writing. This period is stipulated in Article 350/2 of the Turkish Code of Obligations.

Is an eviction notice required due to renovation?

Yes, in order to evict the tenant due to renovation, a written notice must first be sent. This is Article 350/2 of the Turkish Code of Obligations. 

Can a landlord repair his rented house?

Yes, the landlord has the right to repair the tenant’s home, but this may require a court-ordered eviction, depending on the importance of the repairs and the serious impact on the tenant’s life.