Mesajı Okuyun
Old 01-05-2013, 15:57   #4
Av.Kadir ORUÇ

 
Varsayılan Annual Rent Increase

Alıntı:
Yazan Konuk
Thank you very much for your reply. Could you provide a link to the Supreme Court Of Appeals ruling you mentioned.

One other question please. If the landlord wants to move into the house herself what is the correct procedure for her to give me notice? How many months notice must she give? And what are the laws preventing her abusing this?

I have been sent an email by my landlord asking me to vacate the premises by the end of the month so that it may be used by her family when they travel to Istanbul. I think this is a lie and just to move me out so she may rent the property at a higher price.

Thank you for your help.

The matter has been discussed here and there is a Supreme Court of Appeals's Decission about the issue at lower part of the page; http://www.turkhukuksitesi.com/showthread.php?t=83136
According to the Article 348 of the Code of Obligations, notice of termination must be in written form. Notice should be reached to tenant at least fifteen days before the day of termination of rental period.
And the action for evacuation must be filed within a month after termination of rental period. And the need of landlord must be sincere.
If landlord succeeds evacuation through court decission, he/she can not rent the house to someone else unless having just cause before three years’ period after evacuation according to the Article 355.
But all these are general information. Every situation includes its own feature and the information here should not be relied solely on while conducting legal transactions.
It would be much safer to get legal assistance from a licensed attorney at law in your district.