(The Turkish Code of Obligations and Rental Law Guidelines Under the HMK — 2025)

1. Fate of eviction cases and the situation of the new owner

Pursuant to the decisions of the Court of Cassation, if the immovable is sold while the eviction lawsuit is ongoing, the right and title of the former owner (leaser) ends as a rule. The effects of this situation on the fate of the cases and the new owner’s authority to continue the case are analyzed in detail below:

The termination of the title of former owner: With the sale of the immovable, the adjective “leaser” and “malik” of the previous owner ends. Therefore, the former owner cannot continue to request eviction. 6th Civil Chamber of the Supreme Court of Appeals 2015/6536 E., 2015/7418  k. No. 2014/7788 E., 2014/9248  k. As stated in the decisions no. Rejection of the evacuation request that has been opened. Similarly, the 6th Civil Chamber of the Court of Cassation 2012/8382 E., 2012/9766  k. In its decision no.

Requirement for the new owner to continue the case (written assignment): Turkish Code of Obligations (TB) m. Although the new owner has become a party to the lease agreement in accordance with 310, this does not mean that he is a party to the ongoing lawsuit. In order for the new owner to continue the current eviction case, between the old owner and the new owner “Transfer of the right of lawsuit by written assignment” It is mandatory (12th Civil Chamber of the Supreme Court 2024/1195 E., 2024/2732  k.).

Situation specific to evacuation due to default: The right to request eviction due to default belongs to the creditor of the receivable, which is the basis of the default, and this right cannot be assigned separately from the receivable.. However, if the rent receivable and the right to evacuate are assigned together, the new owner can continue the lawsuit. (The 3rd Civil Chamber of the Supreme Court 2024/325 E., 2024/741  k.). İzmir Regional Court of Justice 8th Civil Chamber 2024/2094 E., 2024/2744  k. As emphasized in Decision No.

The case of the case: In the decisions examined, it is not the “dropping” of the case, but because of the absence of an adjective of the former owner. “rejection”

2. FINAL OF LEASE DETERMINATION CASE

It has been determined that the majority of the submitted judicial decisions do not have a direct evaluation regarding the rental determination case (The 6th Civil Chamber of the Supreme Court 2013/6498 E., 2013/10270  k.; 2013/9530 E., 2013/12080  k.; 2015/2218 E., 2015/3585  k.). However, in the light of general principles and decisions on rent receivables, the following conclusions are reached:

The assignment and succession of the receivable: In cases such as the determination of the rental price, the new owner may assign the rights of the former owner, which has not yet been stipulated, to the new owner. The right to collect with the assignment is passed on to the new owner and the new owner can continue the lawsuit (The 3rd Civil Chamber of the Supreme Court 2024/325 E., 2024/741  k.).

General Procedure Rule (HMK art. 125/2): 5th Civil Chamber of the Supreme Court of Appeals 2020/5815 E., 2020/9041  k. According to the general procedure rule specified in the decision no. If the case is transferred after the lawsuit is filed, the transferee takes the place of the plaintiff and the lawsuit continues from where it left off.. In this case, the court should be asked whether the new owner will continue the case.

3. GENERAL PROCEDURE RULES AND AUTHORITY

125/2 of the Code of Civil Procedure No. 6100 (HMK). The article is the basic procedural provision that determines the fate of the case in case of sale of the immovable. According to this article, in the event of the transfer of the subject of the lawsuit, the transferee does not automatically become the plaintiff; However, the plaintiff can take his place and continue the case from where he left off.. The court should take this situation into consideration ex officio (self) and examine the title deed records and ask the new owner whether he will follow the case. (The 6th Civil Chamber of the Supreme Court 2016/6113 E., 2016/4739  k.).

4. Secondary sources and indirect assessments

Although the following information is not directly related to the lease and eviction lawsuits, it is considered as a secondary source in terms of showing the general principles to be applied if the immovable changes hands during the lawsuit:

Loss of the adjective: In cases of confiscation and ecrimisil without expropriation, if the immovable is transferred during the trial, the former owner does not have the title of a party and HMK art. It has been emphasized that the new owner should be included in the case in accordance with 125/2 (The 5th Civil Chamber of the Supreme Court 2019/7001 E., 2020/6506  k.; 2024/11299 E., 2025/8612  k.).

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Follow-up authority as a condition of litigation: Since the authority to follow the case disappears with the transfer of the immovable, it is not possible for the case to continue as it was opened. The plaintiff should be granted optional rights such as continuing the case against the new owner or turning the case into compensation (Istanbul Regional Court of Justice 7th Civil Chamber 2024/4246 E., 2024/2798  k.).

The semen cases of the intervention: In the case of prevention of intervention in the condominium common area, if the plaintiff sells his flat, the will of the new owner to follow the case should be investigated, otherwise procedural problems may arise due to the lack of active litigation license (Court of Appeals 5th Civil Chamber 2023/11213 E., 2024/523  k.).

Result summary: In eviction lawsuits, the right of the former owner’s litigation ends with the sale; The new owner can only continue the case with “written assignment”, otherwise the case will be rejected. Although there is no special provision in the sources submitted for the lease determination lawsuits, it is considered that the new owner can take over the case within the framework of the General Procedure Rules (HMK art. 125/2) and the principles of the assignment of the receivable. In both types of cases, the sale of the immovable does not cause the case to “fall” by itself, but due to the change of the title of party and the right to follow up, procedural actions (assignment or notice) must be made.

Frequently asked questions

Why is expert lawyer support required?

The change of hands of the immovable while the eviction and lease determination lawsuits continue, contains serious procedural traps for both the plaintiff and the defendants. Technical errors such as not making the written assignment on time, not being presented to the court, or assigning the right to receivable and eviction in default cases directly lead to the rejection of the case.

On the other hand, when viewed from the tenant side, a lawyer who knows these procedural rules and makes the right objections in a timely manner can create an extremely effective shield against unfair eviction attempts. HMK M. Subjects such as ex officio follow-up of transactions within the scope of 125/2, reporting the title deed records to the court on time and auditing the legal validity of assignment documents require expertise.

2M LAW LAWYER OFFICE We provide services with our experienced staff in all disputes arising from the lease law, as well as eviction cases in Istanbul and Tuzla, rental determination and adaptation cases. If you are looking for an Istanbul rental lawyer or Tuzla rental lawyer, you can contact us to secure your litigation process.

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