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Housing Rental Contract and Evacuation Conditions

Writer's picture: Yusuf KAYAYusuf KAYA

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Introduction

Residential leasing is an important legal relationship for both landlord and tenant. The housing lease agreement, which forms the basis of this relationship, determines the rights and obligations of the parties. However, many questions may arise about what to do if the contract is terminated for various reasons and the eviction process comes to the agenda. In this article, we will discuss in detail what is curious about the housing lease agreement and eviction conditions.


Importance of Housing Rental Contract

A housing rental contract is an assurance document for both the lessor and the tenant. Thanks to this contract, the rights and obligations of the parties are clearly determined and possible disputes are prevented. The important clauses that should be included in the contract are:

  • Determination of the Parties: Who is the lessor and the tenant? Information such as the identity information and contact addresses of the parties should be specified in detail.

  • Features of the Rented House: All details such as the address, square meter, floor, number of rooms, existing items, deficiencies, damages of the residence should be included in the contract.

  • Rental Fee and Payment Method: Issues such as monthly rental fee, deposit amount, payment method (cash, wire transfer, etc.), raise rate and increase dates should be clearly stated.

  • Contract Period: It must be specified for how long the contract will be valid (for a specific period or indefinite period).

  • Termination Terms: In which cases the contract will be terminated (for example, the rental debt is not paid, the residence is not used in accordance with the purpose of allocation, etc.).

  • Evacuation Conditions: If the contract ends, issues such as how the house will be emptied and the transportation of the belongings belonging to the tenant should be regulated.

  • Guarantee: The purpose of the deposit received from the tenant and the provisions regarding the refund should be included.

  • Maintenance and Repair Responsibilities: It should be stated who has the responsibilities related to the maintenance and repair of the residence.

  • Renovation: The permission and approval processes related to the renovations to be made by the tenant should be specified.

  • Dispute Resolution: How to resolve disputes that may arise between the parties (arbitration, arbitration, etc.) can be specified.


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Causes and Process of Evacuation

Apart from the evacuation reasons we mentioned above in general, evacuation can also be requested in special cases. For example;

  • In Case of the Deaths of the Lessor: The heirs can evacuate the tenant by showing that they need the residence for themselves or their family.

  • Emergency Situations of the House: If the house becomes unusable as a result of disasters such as fires and earthquakes, the tenant may be evacuated.

Evacuation Process:

  1. Cease and Desist Notice: The lessor sends a notice to the lessee and asks the lessee to terminate the contract and to vacate the dwelling. The reason for termination and the evacuation period must be specified in the notice.

  2. Evacuation Case: If the tenant does not evacuate the house despite the warning, the lessor files an evacuation lawsuit.

  3. Court Decision: The court makes a release decision by evaluating the evidence.

  4. Enforcement Proceedings: If the tenant does not vacate the residence despite the court decision, the lessor initiates the enforcement proceedings.


Things to Consider in Evacuation

  • Contract Eligibility: All transactions must be made in accordance with the contract.

  • Importance of Legal Processes: The evacuation process is a legal process. Therefore, the right steps should be taken at each stage.

  • Importance of Documents: All documents (contract, cease and desist notice, court decisions, etc.) must be kept.

  • Lawyer Support: Consulting a lawyer in legal processes is important for you to protect your rights.


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Frequently Asked Questions

  • How to evacuate a 10-year-old tenant? There are special conditions for the evacuation of the 10-year-old tenant. It is recommended that you consult a lawyer in this regard.

  • Is it possible to evacuate without rent debt? If the lessor needs housing for himself or his family, he can request evacuation even if he does not have rent debt.

  • What is forced evacuation? Although it is a court decision, if the tenant does not evacuate the residence, it is forcibly released by the enforcement directorate.

  • Who covers the evacuation costs? Usually the tenant covers the costs of evacuation. However, in some cases, these expenses may be at the lessor's expense.

Result

The housing rental contract and evacuation conditions are very important for both the lessor and the tenant. In order to prevent problems that may occur in this regard, the contract should be prepared in detail and legal processes should be followed correctly.


 

This article gives a general information about the housing rental contract and evacuation conditions. It is recommended to consult a lawyer for detailed information.

 

Author:

Att. Yusuf KAYA

Contact: 0090 533 026 66 82

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