In the Law, the provisions regarding the lessor’s termination of the lease agreement and the direct eviction of the lessee are regulated under two main headings. These are; eviction of the tenant through notification and eviction through litigation.
- Termination of the lease agreement by notification:
The lease agreement can be terminated by giving notice at least fifteen days before the expiry date of the fixed-term lease agreements. If no notice is given, the lease agreement is deemed to be extended for one more year under the same conditions. The lessor can no longer terminate the contract on the basis of the expiry of the contract period. However, at the end of the ten-year extension period, the lessor may terminate the lease agreement without giving any reason, provided that the lessor gives notice at least three months before the end of each extension year after this period.
- Termination of the lease agreement through litigation:
The termination of the lease agreement may be through notification to the tenant or through an eviction lawsuit. Termination of the lease agreement and eviction of the tenant is the lessor’s request from the court to evict the tenant from the immovable property based on justified reasons. It is not necessary to wait for the 10-year statute of limitations in termination through litigation. For this reason, this is the most preferred type of eviction. However, in the eviction of the tenant through litigation, there are a limited number of reasons for eviction in the law. The reasons for eviction listed in the law are as follows:
- Eviction of the tenant due to the letter of undertaking
- Eviction of the tenant due to necessity
- Eviction of the tenant due to reconstruction or renovation
- Eviction of the tenant due to two justified notices in one lease year
- Eviction of the tenant in case of default
- Eviction of the tenant due to bankruptcy
- Eviction of the tenant due to important reasons
The competent court in the eviction of the tenant is the court where the leased immovable is located. The competent court is the Civil Court of Peace.