Eviction of Tenant Due to New Owner's Need

Leased real-estates can be put up for sale even if there is a current tenant in the leased real property. In other words, residences and workplaces with tenants can be sold to a third person and the owner of the property can change.

In this case, the outcome of the existing lease and the rights of the new owner are regulated in Article 310 of the Turkish Code of Obligations. Accordingly: "If the lease changes hands for any reason after the establishment of the contract, the new owner becomes a party to the lease agreement." As it is clearly understood from the provision, in case the leased property changes hands; the title of lessor of the old owner will expire and the new owner will earn the title of lessor in the lease agreement under the same terms and conditions. In other words, while the lease agreement continues with all its rights and debts, only the lessor changes.

The new owner may want to use the acquired property and want to terminate the lease agreement. In this regard, the rights of the new owner, who has become a party to the contract, are regulated in Article 351 of the Turkish Code of Obligations.

Accordingly: "If the person who has acquired the leased real property has to use the property as a residence or a workplace for his/her own needs or the needs of his/her couple or his/her descendants or his/her linear ancestors or the people whom she/he is legally obliged to look after, he/she may terminate the lease agreement by filing a lawsuit 6 months after his/her acquisition, provided that he/she informs the tenant in writing of the situation within 1 month following the acqusition."

In brief, the new owner must notify the current tenant that he/she needs the real property within one month after acquiring that. Since it is stated in the regulation that this notification must be made in writing, the most effective legal method would be to send a "warning" to the tenant explaining the situation. In this way, there will be no problem of proof as to whether a written notification has been made by the new lessor in the following processes.

In the relevant regulation, it is also ensured that the lessor may terminate the contract with a lawsuit to be filed after "6 months". Will this period start from the date of acquisition of the real property or from the date of written notification made to the tenant? In order to avoid any confusion, Supreme Court indicates that this period will start from the date of acquisition of the real property, according to its current decisions. As a result, 6 months after the acquisition of the real property with a current tenant, the new owner will have the right to file a lawsuit for the eviction of the tenant if the 1-month written notification condition is fulfilled.

It should be noted that the new owner will be able to use this right until the end of the contract, after 6 months from the date of acquisition.

Vide Law&Consultancy

Att. Sude Koyluoglu