A notarized notice was also added to the methods used by landlords to eject their former tenants. It was stated that the warnings sent to the tenant by saying ”My son, my daughter will come” are invalid unless proven by a court decision.
Landlords aiming for higher rents instead of 25 percent saw the new way to evict the former tenant in sending an eviction notice from a notary. Realtors and lawyers warned tenants against these warnings sent by saying that my daughter or son will come. It was underlined that these warnings are invalid unless the reason for the evacuation is proved by a court decision.
“If there is no justifiable reason, there will be a 10-year wait for eviction”
Nizamettin Aşa, President of the Istanbul Chamber of Real Estate Brokers, gave information about how tenants should behave in the face of warnings. Stating that the landlord has the right to evict the tenant if the landlord really gives it to his son, daughter, mother, father and brother, Asha also filed a lawsuit to prove valid reasons, noting that if the court evicts as a result of the case, he can only evict. Aşa said, “In cases of evictions requested without a justifiable reason for eviction other than this, they must have completed 10 years. Therefore, in these cases, the notarized evictions also have no validity,”he said.
“The information in the warning must be real”
Hanife Emine Kara, Lawyer, Founder of Mono Law, also said that everyone has the opportunity to go to a notary and send a notice to the tenant, regardless of whether they are the lessor or the owner. “However, the important issue is whether the allegations stated in the notice reflect the truth,” Kara said. ”It is true that the phrase ‘My son will come from Germany, vacate the house’, which has been known since time immemorial and settled on all of us, has a counterpart in our law,“ Kara continued: “The termination of the lease agreement due to the requirement is 350 of the Turkish Code of Obligations. it is regulated in the article. If the lessor is obliged to use the lessor for himself, his wife, child (son / daughter), parent (mother / father) or other dependents by law due to the need for housing or workplace, he may terminate the lease agreement by filing a lawsuit in compliance with the termination notice periods.”
“If it’s not real, the landlord pays compensation”
Due to the requirement of the lessor, the lease expiration, despite the lack of such a requirement and unsuitable essentially re-leases to third parties in the case, emphasizing that the former tenant has a right to compensation Hanifa wife, Emine, “the lessor, provides loans for the purpose of the requirement for the evacuation of when, without justifiable reason, the loans until three years have past from the previous tenant rent. This is called the ban on re-renting,” he explained.
