Lease Law

In particular, non-payment of rent, violations of the lease agreement, or eviction requests due to necessity are among the most common issues. In such cases, properly managing the eviction process is of great importance both for protecting legal rights and for preventing delays in the process.

Main Reasons Leading to Tenant Eviction

• Non-payment of rent
• Use contrary to the lease agreement
• The landlord's need to reclaim the residence or workplace
• Failure to vacate the property despite a written eviction undertaking
• Reconstruction or major renovation of the leased property

Based on these grounds, a legally valid eviction process may be initiated. Failure to follow proper legal procedure may result in the rejection of the eviction decision or a significant delay in the process.

Eviction Process Based on an Eviction Undertaking

Obtaining an eviction undertaking from the tenant is one of the quickest methods in practice. However, for this document to be valid, certain conditions must be met:

• The undertaking must be in writing
• It must be issued after the lease agreement
• The eviction date must be explicitly stated
• Application for eviction must be made within one month from the eviction date

Based on a valid eviction undertaking, an enforcement proceeding may be initiated directly, or an eviction lawsuit may be filed.

Common Legal Disputes Within Lease Cases

• Eviction due to non-payment of rent
• Rent determination lawsuits (market value assessment)
• Rent increase lawsuits
• Eviction due to landlord’s need
• Eviction based on eviction undertaking
• Eviction due to reconstruction of the property
• Drafting and interpretation of lease agreements
• Breaches of the agreement by either tenant or landlord

Importance of Lease Agreements

A written lease agreement is the most fundamental document determining the rights and obligations of the parties. Drafting the agreement completely, clearly, and in detail plays a critical role in preventing future disputes. Therefore, it is advisable to seek legal support during the drafting process for both residential and commercial leases.

How Does the Eviction Process Work?

• The reason for the enforcement proceeding or eviction lawsuit is determined
• If necessary, a written eviction undertaking or other evidence is collected
• A payment order or warning is sent to the tenant
• If there is an objection, an action for the removal of objection or eviction is filed
• If an eviction decision is issued, it cannot be enforced before it becomes final

Since finalization of eviction rulings is mandatory, both parties must avoid procedural errors during litigation. Otherwise, the eviction process may be delayed for years.

Why Is Legal Support Necessary in Mandatory Eviction Procedures?

Lease-related lawsuits are technically detailed for both tenants and landlords. Missing deadlines, performing invalid actions, or submitting incomplete documents may result in the loss of rights. Therefore, expert legal support is especially important in eviction based on an undertaking, eviction due to need, or rent determination lawsuits.

Attorney Fees and Costs in Lease Lawsuits

Attorney fees for lease-related lawsuits are determined according to the Minimum Attorney Fee Schedule issued by the Union of Turkish Bar Associations and the recommendation schedules of local bar associations. Fees usually vary depending on the type, complexity, and value of the property. Consulting a lawyer before filing a lawsuit allows for better cost planning.

Common Mistakes in Lease Law

• Not drafting a written agreement
• Invalidly issued eviction undertakings
• Illegal rent increases contrary to regulations
• Collecting rent in cash without issuing receipts
• Failing to initiate the eviction process on time

Such mistakes may cause long-term grievances for both the tenant and the landlord. Therefore, it is recommended to seek legal consultancy when establishing a lease relationship, drafting a contract, or encountering a dispute.

Conclusion

Lease law is an important legal field that determines the rights and obligations of parties in both residential and commercial leasing. Taking a knowledgeable and experienced approach in disputes such as eviction, rent determination, rent increase, or eviction due to necessity allows for faster and more effective resolution. With expert legal support, you can secure your rights and manage the process in a legally sound manner.