Introduction

This article has been prepared to provide a comprehensive answer to the question, “Can the new landlord evict the tenant if the landlord sells the house before the lease expires?” in light of the Supreme Court, Regional Court of Justice, and Court of First Instance decisions presented. The decisions reviewed reveal that the issue does not have a single “yes” or “no” answer, but rather a general rule shaped within the framework of the relevant articles of the Turkish Code of Obligations (TCO) and significant exceptions to this rule. The article addresses in detail the rights and obligations of the new owner and the tenant, the conditions of the eviction process, and the impact of contractual elements on this process.

1. If the landlord sells the house: The Principle of “Sale Does Not Break the Lease” and Its Consequences (TCO Article 310)

The overwhelming majority of the reviewed decisions are based on Article 310 of the TCO. This article, with its provision “If the leased property changes hands for any reason after the contract is established, the new owner becomes a party to the lease contract” protects the rights of the tenant. The practical consequences of this situation are:

New Owner is Bound by the Contract: The new landlord is bound by the rent, term, and all other conditions in the old contract (Supreme Court 3rd Civil Chamber, 2023/4843 Decision).

Claim of Unlawful Occupancy is Invalid: Since the tenant resides in the property based on a valid lease agreement, they cannot be qualified as an “unlawful occupant” by the new owner (Supreme Court 8th Civil Chamber, 2021/803 Decision).

Litigation Path Changes: The new owner cannot directly file an “action for prevention of encroachment” based on ownership rights to evict the tenant. Instead, they must file a lawsuit based on eviction grounds arising from lease law (e.g., need or default) (Supreme Court 8th Civil Chamber, 2021/2791 Dec.).

2. Eviction Procedure and Conditions Due to Need After the Sale of the House (Turkish Code of Obligations Article 351)

The claim of need, which is the most frequently used eviction method by new owners, is subject to strict procedural rules.

Strict Compliance with Deadlines: As emphasized in the decision of the Gaziantep Regional Court of Justice (2017/292 Dec.), “the notification must be served within 1 month following the acquisition, and this cannot be remedied later.” Missing this deadline eliminates the right to apply for this method. The lawsuit, however, can be filed at the earliest six months after the purchase date.

Nature of the Need: Supreme Court decisions are quite sensitive regarding the nature of the need. The Supreme Court Civil General Assembly (2021/878 Dec.) has set the standards on this matter:”A temporary need that is not continuous cannot be a ground for eviction, nor can a need that has not yet arisen or is dependent on a long period for realization be accepted as a reason for eviction. The existence of the need at the date the lawsuit is filed is not sufficient; this need must also continue throughout the judicial process.“

Scope of the Applicant’s Need: The need can be claimed not only for the new owner himself, but also for his spouse, descendants (children, grandchildren), ascendants (parents, grandparents), or persons he is legally obliged to support. However, as stated in the decision of the 3rd Civil Chamber of the Supreme Court (2018/5424 K.), the need of a company does not fall within the scope of this personal need.

3. Contractual and Land Registry-Based Protections

Annotation in the Land Registry: If the lease agreement has been annotated in the land registry, this provides the strongest protection to the tenant. As stated in the decision of the 14th Civil Chamber of the Supreme Court (2009/10532 K.), with the annotation, the personal right transforms into a real right, and everyone who subsequently acquires the immovable property becomes bound by this agreement.

Special Provisions in the Contract: Special clauses in the lease agreement can also affect the situation. For example, in the decision of the 3rd Civil Chamber of the Supreme Court (2017/1757 K.), it was stated that the new owner could not evict the tenant due to the provision in the contract that “the tenant shall not be evicted during the contract term if the property is sold to a third party.” Conversely, if there is a clause in the contract granting the right to terminate in case of sale, this could create a situation in favor of the new owner (Supreme Court 8th Civil Chamber, 2018/8231 K.).

Conclusion

In light of the presented court decisions, the answer to the question, “If the landlord sells the house before the lease agreement expires, can the new landlord evict the tenant?” can be summarized as follows:

No, as a rule, they cannot evict. The sale of the house does not terminate the lease agreement. In accordance with Article 310 of the Turkish Code of Obligations, the new owner becomes a party to the existing lease agreement and is bound by its terms.

Yes, exceptionally, they can evict. If the new owner proves that their own need or the need of their relatives listed in the law for a residence/workplace is “real, sincere, and mandatory,” they can request the tenant’s eviction by complying with the legal periods specified in Article 351 of the TCO (notice within 1 month after purchase, lawsuit after 6 months).

General Rule: The Lease Agreement Continues. The sale of the house does not automatically terminate the lease agreement. In accordance with Article 310 of the Turkish Code of Obligations, which is referred to in almost all decisions, the new landlord (new owner) becomes a party to the existing lease agreement. As stated by the 3rd Civil Chamber of the Court of Cassation (2018/364 K.), “the transfer of ownership of the leased property does not terminate the contract.” This principle is the tenant’s fundamental assurance.

Primary Exception: The New Owner’s Right to Evict Due to Need. The new owner has the right to evict the tenant under certain conditions. Article 351 of the TCO grants this right to the new owner. Accordingly, if the new owner “has a mandatory need to use the residence or workplace for themselves, their spouse, descendants, ascendants, or other persons they are legally obliged to support,” they can file an eviction lawsuit six months later, provided they notify the tenant in writing of the situation within one month from the date of purchase of the property.

Eviction Condition: The Need Must Be “Real, Sincere, and Necessary.” Courts do not arbitrarily accept the new owner’s claim of need. As underlined by the General Assembly of Civil Chambers of the Supreme Court (2021/878 K.), for an eviction decision to be issued, “the need must be proven to be real, sincere, and necessary.” Temporary or not yet arisen needs are not considered sufficient grounds for eviction.

Factors Strengthening Tenant Protection. The tenant’s position can be further strengthened depending on the content of the lease agreement and the situation in the land registry. In particular, annotating the lease agreement in the land registry, as stated by the 14th Civil Chamber of the Supreme Court (2009/10532 K.), turns the right into a “burden attached to the property” and binds the new owner in all cases. Ultimately, while the tenant’s position is largely protected by law, the new owner also has legal rights. The outcome will largely be determined by factors such as the nature of the new owner’s need, compliance with legal procedures, the specific provisions of the lease agreement, and whether the agreement is annotated in the land registry. A paper suggestion.

Why is Tuzla Lawyer Support Necessary?

Legal processes regarding tenant eviction in the event of the sale of the property subject to a lease agreement are based not only on the provisions of the Turkish Code of Obligations but also on Supreme Court precedents and specific circumstances. The decisions summarized above indicate that numerous conditions must be met for the new owner to evict the tenant, and if one of these conditions is missing, the case will be dismissed. If deadlines are missed, proper notification is not given, or the need is of a legally unacceptable nature, the plaintiff new owner may suffer a loss of rights; while the defendant tenant may be subjected to unnecessary eviction pressure.

Therefore, working with a Tuzla lawyer experienced in local court practices, such as those in Istanbul, Tuzla lawyer, Pendik lawyer, Maltepe lawyer, Kartal lawyer, Gebze lawyer, Aydınlı lawyer and Orhanlı lawyer, Tepeören Lawyer, Darıca Lawyer, Bayramoğlu lawyer, Çayırova lawyer, provides a significant advantage that can directly affect the course of the case.