Court ruling concerns tenants: Eviction conditions for 10-year lease agreements have changed
With a decision by the Istanbul Regional Court of Justice, eviction conditions for lease agreements that have completed the 10-year extension period have been reshaped. While the requirement for property owners to provide justification has been relaxed, the 90-day notice period has emerged as a critical factor.
12punto
The 49th Civil Chamber of the Istanbul Regional Court of Justice has issued a precedent-setting decision regarding rental disputes. The ruling redefines the powers of property owners in the eviction process, particularly in long-term rental relationships. Accordingly, eviction conditions for contracts that have completed the 10-year extension period will be evaluated within a different framework.
NEW APPROACH TO EVICTION CONDITIONS
In previous practices, for a tenant to be evicted, the landlord was required to present concrete justifications such as housing needs, extensive renovations, or reconstruction. With the new decision, this requirement has been relaxed for lease agreements that have completed the 10-year extension period. In contracts within this scope, the property owner's notification of their intent to terminate may be considered sufficient to initiate the eviction process.
NOTICE PERIOD WILL BE DETERMINATIVE
In the court's decision, the exercise of the right to eviction was tied to a specific procedure. Accordingly, the property owner must provide written notice to the tenant via a notary at least 90 days before the end of the extension period of the lease agreement. If this deadline is missed, the right to eviction will be considered invalid for that period, and the process will be deferred to the next rental year.
WARNING FOR OLD CONTRACTS
Legal circles point out that lease agreements made in 2015 and earlier are particularly prominent under this decision. It is stated that parties should take into account the contract start dates and extension periods and monitor the 90-day notice period.