DISCHARGE OF THE LEASED PROPERTY DUE TO NEED

As I explained above, one of the reasons for the termination of the lease agreement in residential and roofed workplace rentals is the need of the lessor for the leased property. In the case of the demand for the evacuation of the lessee due to need, the lessor can provide the evacuation of the immovable with this type of lawsuit, if the conditions sought by the law are met.

WHAT ARE THE NEEDS OF THE LEASOR?
The person who has leased his immovable may need this immovable during the continuation of the lease agreement. As a matter of fact, in case the lessor has such a need, the lessor can acquire the immovable thanks to the rights recognized by the law.

These requirements are regulated in the Turkish Code of Obligations:

A) If the rented immovable is needed as a residence or workplace by the lessor’s spouse, descendants, descendants or other dependents, an eviction request may be made due to the lessor’s requirement. In order to realize this situation, which is limited to the persons who are numbered here, the need is sought to be “sincere and real”. As a matter of fact, the importance of this issue is emphasized in the decisions of the Supreme Court:

“As for our case; In the warning and lawsuit petition dated 01.07.2014, the attorney of the plaintiff declared that he wanted to use the shop that was the subject of the lawsuit, which he had just acquired, on the claim that his client did not have a job, but did not explain what work would be done by the needy in the leased property, and did not make any statement regarding this issue during the trial, and the plaintiff’s witness was heard. He also stated that the plaintiff was planning to do business, but he did not know what business he would do. In this case, since it is understood that the plaintiff who has acquired the leased property has not yet decided for what purpose he wants to use the leased property, which is the subject of the lawsuit he has acquired with the claim of workplace need, and since this issue has been confirmed by the statement of witnesses, it cannot be said that the need for the workplace is real, sincere and compulsory, while the court should decide to reject the lawsuit, It is not correct to accept the case with a written justification.”

B) If it is necessary to repair, expand or change the leased immovable for the purpose of reconstruction or zoning, and if the use of the leased property will become impossible during the construction of these works, it is possible to evacuate the leased property by the lessor.

C) Evacuation of the immovable is made possible if the new owner of the immovable needs it. In the event that the owner of the leased property changes after the establishment of the lease agreement, the new owner of the immovable becomes the new party of the lease agreement. In the event that the new owner and other persons (spouse, descendants, descendants, dependents) need the real estate, it is possible to evacuate the real estate. In the proceedings, it is sought that the needs of the new owner and few other persons are “real and sincere”.

HOW TO OPEN A CASE FOR EVACUATION DUE TO THE NEED OF THE LEASOR?
If the lessor, his spouse, descendants, descendants or other dependents need the leased property; The lessor must file an eviction lawsuit within 1 month, starting from the specified date, provided that the termination notice periods are respected.
In cases where the leased property needs to be repaired, expanded or changed for the purpose of rebuilding or zoning, the lessor must file an eviction lawsuit within 1 month, starting from the specified date, provided that the notice period of termination is complied with.
In the event that the owner of the leased immovable changes and the need of the new owner comes to the fore, our law has given us two different possibilities:
-The new owner must notify the tenant in writing of his/her request to be evicted within 1 month from the date of acquisition of the immovable. If this condition is met, the new owner can evacuate the leased property with an eviction lawsuit to be filed after 6 months. The Supreme Court Decisions are also in this direction in the evacuation of the rented immovable due to necessity.

In the decisions of the Court of Cassation, “The person who acquires an immovable property in the form of a residence or a roofed workplace, if he wishes, within one month at the end of the contract based on the agreement made between the former owner and the tenant, or within one month starting from the date of acquisition, including the day of acquisition, pursuant to Article 351 of the TCO, if he wishes. can file an eviction lawsuit due to need six months after the acquisition date, provided that the tenant is informed in writing. The lawsuit does not have to be opened immediately at the end of six months, but it is possible to open it until the end of the contract. However, notification of the notification within one month following the acquisition is obligatory and it is not possible to rectify it later. This point is explained in the form.

-The new owner can evacuate the lessee by filing an eviction lawsuit within 1 month from the end of the lease contract.

It is possible to evacuate the leased property by the new owner by choosing one of the two possibilities provided by the law.

Responsibility For Trust

Liability for trust is a liability that has been formed as a result of the judge’s creation of law based on article 2 of the Turkish Civil Code in the event that, in cases that are described as neither contractual nor tort liability, the persons providing trust have lost this trust in violation of the rule of honesty.

Everyone is obliged to follow the rules of decency when exercising their rights and fulfilling their obligations.
The legal order does not protect the obvious abuse of a right.(Article 2 of the Turkish Civil Code)

Disability Of The Will

The death-related savings made by the heir under the influence of error, deception, intimidation or coercion are invalid. However, if the inheritor finds out that he was wrong or deceived, or if he does not return from saving within a year, starting from the day he gets rid of the effect of intimidation or coercion, the saving is considered valid. In case of obvious error in specifying a person or thing in saving due to death, if the true desire of the heir can be determined with certainty, the savings will be corrected according to this desire.(Turkish Civil Code article 504)

Divorce Proceedings Due to Dishonorable Behavior

Each of the spouses is meant for his life by the other, or he is very bad to himself he can file for divorce due to the fact that he was treated or committed a grossly dishonorable act.
Six months after the spouse who has the right to sue finds out the reason for the divorce, and in any case this is five years after the birth of the cause, the right to sue is dropped.
The forgiving party has no right to sue. (Turkish Civil Code article 162)

Temporary İncapacity For Work

National holidays, general holidays and week holidays that coincide with the period of temporary incapacity for work, when it is necessary to provide temporary incapacity benefit to employees, are paid by the paid institution or polling stations on a temporary measure of incapacity for work.

The temporary incapacity benefit paid by the Social Insurance Institution on non-working days due to illness is deducted from the wages of monthly paid workers.( Turkish Labour Law article 48)

Overwork For Mandatory Reasons

During a breakdown, malfunction, if deemed possible, or immediately needed to be done and tools for machinery or equipment in a hurry, or the occurrence of force majeure in the workplace, to ensure the normal operation of part or all of the workers with degrees not exceeding done more work on you. In this case, it is mandatory to give an appropriate rest period to overworked workers.(Turkish Labour Law article 42)

Lawsuit For Compensation Due To The Termination Of The Engagement

If the engagement is broken through the fault of one party, the other party will be in a certain amount of trouble both financially and spiritually. Perhaps he will even have experienced a spiritual collapse that he will not forget for the rest of his life. For this reason, the Civil Code has granted the parties the right to file a lawsuit for material and moral damages as a result of the breakdown of the engagement. He cannot be forced to marry by engagement, there is no such thing as an engagement will necessarily end in marriage. The parties can terminate the engagement at any time.

If the engagement does not end in marriage, there is no right to file a claim for compensation for the breakdown of the engagement. However, if one of the fiancees ends the engagement for an unfair reason, the person who has been harmed will have the right to ask for financial or moral compensation from the person who ended the engagement for an unfair reason. The right to file a claim for compensation will arise only in the event that the engagement was broken for no justifiable reason or was broken due to the fault of one party.

File for Divorce After Forgiveness Of Infidelity

The plaintiff, a woman in the unity of marriage be shaken (article 166 of the Turkish civil code) and adultery (deception) (Turkish Civil Code Article 161) based on requested divorce legal reasons, but the court decided to divorce because of adultery by the parties, if they made up the sides of the suit has been filed before the month of August of the year 2013 until the date 16/02/2015 the man performs the act of the defendant’s deception to the rejection of the case that can not be proven with the evidence that should you decide it is against the law for the establishment of procedures and terms in writing and required to break (2 of the Supreme Court. Legal Department – Decision : 2017/2771).

Termination of the Real Estate Sales Promise Agreement

The real estate sales promise agreement may be terminated mutually in any way at the will of the parties. As in other contracts, the contract of promise to sell immovable property expires in the following cases:
-Execution of the contract,
-The performance of the performance specified in the contract expires,
-Termination of the contract.

Terms of the Case of Determination of the Rental Price

A case for determining the rental price can be opened at any time to determine the new rental price in a renewed lease agreement. However, in order for the decision to be made in the determination case to be filed to be applied in the renewed lease agreement, some conditions must be met.
-If the Case for Determination of the Rental Price was opened at least 30 days before the start of the new lease period,
-At least 30 days before the start of the new lease period, if the tenant has been given written notice that the rental price will be increased,
-If there is a provision in the lease agreement that the rent will be increased during the new lease period,
The rental price determined by the court is applied from the beginning of the new lease agreement.