Dilek Bozkurt-HALKWEB In Turkey, tensions between tenants and landlords continue to be one of the most important agenda items of the judiciary. After the ’mediation prerequisite“ entered into force on September 1, 2023, initial statistics show that the system plays an important role in resolving disputes.
Mediation Softened the Table: 114 Thousand Files Closed with Settlement
According to the data shared by lawyer Gizem Gonce, more than 114 thousand of the 273 thousand applications made so far have resulted in an agreement. This figure proves that a large portion of rental disputes are resolved by the parties shaking hands without going to court. Gonce emphasized that mediation both reduces judicial costs and contributes to social peace by speeding up the process.
”Just saying ‘My son will come’ is not enough”
Gonce gave important warnings about “eviction due to necessity” (Art. 350 of the TCO), which is one of the most abused issues in eviction processes, and stated that landlords cannot evict the tenant only with a verbal declaration.
Requirements for the validity of an eviction request:
Proof of Need: The landlord must prove to the court that his/her need for housing for himself/herself or his/her dependent family members (spouse, children, parents) is real, sincere and objective.
3 Year Rental Ban: If the court orders eviction due to “need”, the landlord cannot rent the property to anyone other than the former tenant for 3 years.
Right to Compensation: If the landlord evicts and rents the house to someone else with a false declaration of need, the former tenant has the right to sue for compensation.
Notary Notices and Document Tracking Critical
Drawing attention to the procedural rules for the healthy conduct of the process, Gizem Gonce reminded that the landlord must formalize the eviction request by sending a notice through a notary public. In order for tenants not to lose their rights;
- Keep the rental contract and deposit records,
- Regular archiving of bank statements,
- He stated that he should definitely seek professional legal assistance.