Tenant wins eviction lawsuit filed on grounds of necessity

According to the tenant's lawyer, Gizem Gonce, the tenant, who had been living in an apartment in Istanbul for 10 years, was served with a formal notice following the sale of the property. 

Speaking to Milliyet.com.tr, Gonce stated the following:

“If the person who purchased the house wants to live in it, they must send a formal notice within 1 month. Subsequently, the client, the tenant, did not vacate the property because they could not find a suitable home.

Following this, the new landlord filed an eviction lawsuit. The reason for filing the lawsuit was eviction based on necessity. In other words, they claimed, ‘I do not have a home, and I want to live here because the house I just bought is close to my children's school.’

In this eviction case, the judge heard the witnesses, including those of the opposing party. The crucial point here was that the court did not rule for eviction because the new landlord owned 5 other apartments across Istanbul, all of which were occupied by tenants.

Even though the house was close to the children's school, the court investigated why the property owner wanted to evict the tenant in the newly purchased house instead of removing the tenants in their other properties. The court did not rule for eviction due to the submission of statements that were not sincere or realistic, and our client continued to reside in their home.

Generally, in eviction cases based on necessity, judges almost always rule for eviction. They assume there is a genuine need. However, in these cases, the necessity must be sincere and proven.

Therefore, the most important point in rental disputes, which those who purchase new homes should pay attention to, is this: If you have valid reasons for actually wanting to live in the house and do not have another home, the chances of winning eviction lawsuits are high. If they are only using this as a pretext to remove the tenant, then the courts do not accept it and protect the tenant.”

News Source: 12punto