Rental disputes between tenants and landlords are rising rapidly

Due to inflation, rental dispute cases between tenants and landlords are rising rapidly. With the number of cases filed recently approaching 100 thousand, what rights do tenants and landlords have during eviction processes? What should tenants do during the eviction process? Can landlords evict their tenants by saying 'my daughter is coming, move out'? What is a justified eviction? What is an unjustified eviction?

WHAT HAPPENS IF THEY SAY 'MOVE OUT, MY DAUGHTER WILL LIVE HERE'?

Lawyer Gizem Gonce stated that when a landlord files an eviction lawsuit, if the Magistrate Court decides that the landlord is in the right based on the situation at that time, even if the house is vacated, it will rule that the tenant must pay all expenses incurred. Explaining that in the opposite case, a decision would be made for the tenant not to pay the expenses, Gonce also touched upon the rights of tenants during eviction. Tenants can request a stay of execution to halt the eviction order. Following this request, the eviction can be stopped during the appeal period. Gonce said, "If the eviction order is a decision open to appeal, it can be implemented. Looking at the rights of landlords, they can also obtain the eviction order from the enforcement office quickly."

According to the report by Haber Global, if a tenant does not pay their rent regularly, it can be considered a reason for a justified eviction. Explaining the situation of unjustified eviction, Gonce concluded her assessment by saying, "If a landlord deceives their tenant with statements like 'Move out, I will live there, my child is coming' in order to get a higher rent, the tenant can have this verified. Afterwards, they can collect 1 year's worth of rent as moving expenses from the landlord."

"A 10-DAY WAITING PERIOD SHOULD BE OBSERVED"

Speaking about eviction lawsuits, Lawyer Emre Doğan shared the information that if the court issues an eviction order, the tenant can request a stay of eviction by depositing 3 months' worth of rent as collateral into the enforcement file in accordance with the Enforcement and Bankruptcy Law. Doğan added, "Assuming that a stay of execution decision has not been obtained, since the court's eviction order does not need to be finalized to be executed, eviction procedures will begin by the enforcement office. However, for the eviction to be carried out, a 10-day waiting period must be observed by the lessor for the eviction, starting from the notification of the eviction order issued by the Enforcement Courts to the tenant or their attorney during the hearing or from the notification of the decision," adding that this period is monitored.

MUST NOTIFY OF EVICTION 15 DAYS IN ADVANCE

Doğan continued his explanation as follows:

"If the tenant does not notify the lessor that they will vacate the property 15 days before the end of the contract, it will not be possible to remove the tenant from the house or workplace. Within the framework of legal regulations, reasons such as the existence of unpaid rent, the existence of a written eviction commitment, the housing and workplace needs of the lessor, the housing and workplace needs of the new owner, the completion of the 10-year extension period of the rental agreement, the existence of two justified notices, the reconstruction and zoning of the property, the existence of important reasons specified in the law, the eviction of the tenant due to violation of the duty of care, the bankruptcy of the tenant, and urban transformation can be counted as reasons for eviction."

News Source: 12punto