This article is based on an exclusive contribution from Ankarahaberler.com
In Turkey, the transfer of leased property often raises questions among tenants regarding their rights and obligations. To shed light on this matter, we consulted Attorney Kübra Ardıç, who provided detailed insights into how such transfers impact tenants under Turkish law.
Does the Transfer of Leased Property Affect the Tenant’s Rights?
According to Article 310 of the Turkish Code of Obligations (TCO), when a leased property is transferred, the new owner becomes a party to the existing lease agreement. This means that the tenant’s rights and obligations remain unchanged, and the lease continues under the same terms. However, the tenant and the new owner may mutually agree to establish a new lease agreement.
Can the New Owner Evict the Tenant?
Article 351 of the TCO allows the new owner to request the tenant’s eviction if they or their immediate family members require the property for residential or business purposes. The new owner must notify the tenant in writing within one month of the property’s transfer and can initiate legal proceedings for eviction six months thereafter. It’s important to note that the necessity for eviction must be genuine and sincere; temporary needs do not justify eviction.
Does the New Owner’s Ownership of Multiple Properties Affect Eviction Rights?
A common misconception is that if the new owner owns multiple properties, they cannot request eviction. Attorney Ardıç clarifies that the new owner has the right to choose which property to use for their needs, even if they own several. The key factor is the genuine necessity for the property in question.
Where Should the Eviction Lawsuit Be Filed?
Eviction lawsuits are generally filed in the Civil Court of Peace located in the district where the property is situated. However, the lawsuit can also be filed in the district where the tenant resides or where the lease agreement was executed.
The transfer of leased property does not automatically terminate the lease agreement. Tenants continue to enjoy their rights under the existing terms unless a new agreement is established. While the new owner has the right to request eviction, this is contingent upon demonstrating a genuine and sincere need for the property.
We extend our sincere thanks to Attorney Kübra Ardıç for her invaluable insights on this matter.
This article is based on an exclusive contribution from Ankarahaberler.com
