The lease relationship provisions set out in the Turkish Code of Obligations cover the process from the beginning to the end of a lease relationship. Despite the agreement reached on the basic and side elements of the contract when the lease agreement is established, it can be done to terminate this lease relationship for reasons arising from the tenant or the tenant in the later process. If the tenant does not evict the leased person with his consent upon the realization of the necessary reasons, an eviction case is opened against the tenant and an eviction is provided.

Although the provisions of the Turkish Code of Obligations in accordance with the freedom of contract are weighted, the legislator has gone to regulate this field with mandatory provisions in the tenant/leaser relationship, especially in the requests to open an eviction case. 

In Articles 339 and later of the Law, Housing and Rooftop Workplace Leases are arranged and evacuation cases can be filed are mentioned here. It should not be forgotten that the cases in which the law-making evacuation case can be filed should not be arbitrarily terminated by the contract and that a single count (numerus clausus) for the purpose of preventing the various victims that may occur and for other reasons allowed the opening of an evacuation case did not give. For this reason, people who want to open an evacuation case should pay attention to the current lease relations whether these eviction causes prescribed in the law are present. 

Basically, evacuation cases are opened at the Magistrates Court where the immovable is located. In addition, under the provisions of the Execution Bankruptcy Law, an evacuation case can be opened by following the illegal execution route. The evacuation cases to be filed in accordance with HR shall be opened in the Executive Court, where the enforcement department is affiliated. 

Evacuation Lawsuit Conditions that can be opened are:

A) Commitment by the Tenant to Evacuation: The tenant undertakes to lease the leased place on a specific date. Attention should be paid to the terms of their validity, they should be in writing, they should clearly include the date on which the lease will be vacated, and they should be arranged at a date after the lease agreement is signed. If the tenant does not carry out the consenting eviction in this commitment period, the tenant can open an eviction case. 

B) Two Rightful Claims to the Tenant Not Paying the Price of the Lease: If the tenant does not fulfill the loan for the lease within a lease period and two charges have been sent by the leasing to determine it, an eviction claim may be filed. 

C) Evacuation by Notification Way: Unless the lease leases to certain term lease agreements have been notified at least 15 days before the end of the contract, the lease agreement shall be deemed to be extended by one year under the same conditions. The tenant cannot terminate the lease relationship based on the end of the contract period. However, at the end of the 10-year extension period, it can terminate the contract without giving any reason, provided that it is notified at least three months before the end of each extension year following this period. The point to be considered in the evacuation by way of notification is to be accepted as the notification date of the date the notification reaches the addressee. A proper notification is important in the evacuation of the tenant through notification.

D) Evacuation Trial Due to the Need of the Renter: The leaseholder himself, his wife, his subspecies, if there is an obligation to use the parent or other persons to whom it is obliged by law due to the need for housing or workplaces, at the end of the period in certain period contracts, in indefinite contracts, according to the general provisions on the lease, it can carry out the eviction with the case that it will open within one month starting with the termination period and the date to be determined by compliance with the prescribed periods for the notice of termination.

E) Evacuation Trial Due to New Malikin Needs: The person who acquired the lease afterwards, the person who obtained it himself, his wife, his child, if there is a requirement to use the parent or other persons to whom it is obliged by law due to housing or workplace requirement, provided that the tenant is notified in writing within one month starting from the date of acquisition, he can terminate the lease agreement with a lawsuit that he will open six months after the date of acquisition of the lease. The notification is mandatory within one month after the acquisition and it is not possible to remove it later. The case does not have to be opened immediately at the end of six months and it is possible to open the current lease until the end.  The person who acquires the lease can also exercise the right to terminate the contract due to the need, through a lawsuit that he or she will open within one month starting from the end of the contract period. There is no previous obligation to exercise this right, which is born of TBK m.351/2’. 

F) Evacuation Trial Due to the Reconstruction or Reconstruction of the Leased Place: The lease must be repaired, expanded or replaced for the purpose of reconstruction or reconstruction, and the use of the leased during these works is impossible, at the end of the period in certain term contracts, it can carry out the discharge with the case that it will be filed within one month starting with the termination period according to the general provisions on the lease and the due dates to be determined by compliance with the stipulated periods for the notice of termination.

G) Evacuation Trial Due to the Tenant's Order: The tenant is obliged to pay the rent. If the tenant does not fulfill the rental fee or the expense payment debt that is faccel after the delivery of the lease, they may notify the tenant that they will terminate the contract in writing and if they do not perform it in this period. The period to be given to the tenant is at least ten days, while in residential and rooftop work rentals it is at least thirty days. This period starts from the day following the date of written notification to the tenant. In this option alone, if the amount corresponding to the rent debt is paid within 30 days, the threat of eviction is eliminated even if there is a missing amount from the cover account. 

H) Evacuation Trial Due to Locating the Tenant's or the Spouse's Spouse with whom He Lives: A tenant or his co-living spouse who rents if they have a residence conducive to sitting within the municipal boundaries of the same county or resort, giving, if he does not know this at the time of the establishment of the lease agreement, he can terminate the contract by lawsuit within one month, starting from the end of the contract.

I) Evacuation Trial Due to the Non-Cautious Use of the Leased Place and the Non-Respect of the Neighbors: The tenant is obliged to use the rented place with due care in accordance with the contract and to show the necessary respect to the neighbors. If the tenant does not comply with this, the tenant shall notify the rental in writing that they will terminate the lease agreement otherwise within thirty days. However, if the violation is not resolved, the leaser can open an evacuation case.

J) Evacuation Trial Due to the Tenant's Deliberately Severe Damage to the Renting Place: If the tenant has deliberately and severely damaged the lease or if it is of no use to grant the tenant time, or because of the obligation that the tenant has not complied with, the tenant has leased, if the continuation of the lease agreement has become unbearable in terms of the same immovable persons as the neighbors and the tenant, it can immediately terminate the lease agreement with a written notice without having to give the lease period and can file an eviction case.

K) Evacuation Trial Due to Tenant's Bankruptcy: The tenant may ask the tenant to be reassured of the lease for the lease costs that would have worked if the tenant had to go bankrupt after they handed over the rented space. It gives the tenant and bankruptcy desk an appropriate amount of time in writing for the issuance of this assurance. During this period, the renter, who is not guaranteed to him, may terminate the contract immediately without compliance with any notice of termination and may file an eviction case.
As explained in the details above, the legislator provided separate rights and obligations to the tenant and the tenant. In this information note, information was shared about the eviction cases arising from the lease relationship. Considering that the judicial process is subject to strict procedural rules, it should be remembered that a mistake in the exercise of the right of defense can lead to irreparable harm.