27 Aug Eviction In Lease Agreements
EVICTION IN LEASE AGREEMENTS SUBJECT TO GENERAL PROVISIONS
1-eviction due to default
2-eviction due to non-compliance
3-release due to expiration of time in fixed-term contracts
4-release on indefinite term contracts
1-Due To Tenant’s Default
If the lessee does not perform the obligation to pay the rental price or subsidiary expense which is due after the delivery of the lessee, the lessor may give the lessee a period in writing and notify the lessee that he will terminate the contract if he does not perform at this time.
At least ten days to be given to the tenant, and at least thirty days for residential and roofed workplace rents. This period starts from the day following the date of written notification to the tenant.
The right to sue is granted to the lessor, to the owner who is not the lessor, and to the person who acquires the real estate (new owner).
Notice; to pay the rent money required in the lease agreements subject to General Provisions,
the payment period to be given to the tenant is at least 10 days,
at least thirty days in residential and roofed work place rents
Product rental is at least 60 days. The period starts in writing from the day following the date of notification.
The payment period must be opened after waiting.there is no need to wait for the contract period to be filed.
2-Use With Care And Show Respect To Neighbors
The lessee is obliged to use the lessee carefully in accordance with the contract and to show respect to other persons and neighbors who live in the real estate where the lessor resides. In case the lessee acts contrary to these obligations, the lessor must give at least 30 days in the rental of the residential and roofed work place and give a written notice that he or she will terminate the contract otherwise. In other lease dealings, the lessor may immediately terminate the contract with a written notice without prior notice to the lessor.
In the event that the tenant deliberately inflicts severe and serious damage on the lessee, that the time to be given to the lessor is understood to be useless or that the tenant’s conduct contrary to this obligation is insufferable in terms of the lessor or the persons living in separate real estate and the neighbors, the lessor may immediately terminate the contract with a written notice.
In this article, residential and roofed work place rents should be given at least 30 days due to non-compliance.
In case of breach of contract in other lease agreements other than residential and roofed work place, the contract may be terminated by written notice without a period of time.
Termination of the lease due to excessive use of the lease is only possible in residential and roofed business leases, and it is not stipulated in other contracts that the lease will be terminated due to excessive use of the lease.
3-Due To Termination Of Contract
Eviction Case: After The Deadline
If a period is specified in an explicit or implicit manner, the lease agreement expires automatically at the end of this period. If the parties maintain the lease relationship without a clear agreement in this case, the lease agreement becomes an indefinite term contract.
– The lessor may request the eviction of the lessee by applying for the execution method due to the expiration of the period if he or she wishes within one month from the expiry date of the contract. At the same time, SHM can sue and seek eviction.
– If the lessor is notified of a notice that he will not renew the lease agreement within the period of the lease or within the period of filing a lawsuit, the lessor may sue at any time, such as if the lease agreement will not be renewed indefinitely.
4-Eviction Cases Filed Due To Termination Notice In Indefinite Term Lease Agreements
In the case of indefinite term lease agreements ,each party may terminate the contract by complying with the statutory termination periods and termination notice periods,unless a longer term termination notice period or other termination period has been agreed.
Termination periods of the account, the start date of the lease agreement is based on. If the termination period or notification period specified in the contract or law is not complied with, the notification shall be valid for the next termination period.
– Termination notice can be made by either party.The lessor may terminate the contract by complying with the termination notice periods of the lessor.
– There is no reason to be cited in cases due to termination notice. It is also not subject to the consent of the other party.
– If a lawsuit has been filed in accordance with the termination notice periods, the lawsuit filed without seeking any other reason is accepted.
Immovable And Movable Building Leases
Eviction Due To Notice Of Termination
Each contracting party may terminate the lease agreement for the end of the lease term specified in the local term, or for the end of the six-month lease term in the absence of such term, in accordance with the three-month termination notice period.
Evacuation Due To Extraordinary Termination :
Evacuation Due To Significant Reasons
Each party may terminate the contract at any time in accordance with the legal termination notice period if there are significant reasons that make the continuation of the lease relationship insufferable for itself.
The judge also decides the monetary consequences of the extraordinary denunciation, taking into account the circumstances and circumstances.
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