Supreme Court of Appeals, 3rd Civil Chamber, Decision No. 2025/2623, Case No. 2025/3930

Supreme Court of Appeals, 3rd Civil Chamber, Case No. 2025/2623, Decision No. 2025/3930 IN THE DECISION, IT WAS RULED THAT, IN ACCORDANCE WITH ARTICLE 350/1 OF THE TURKISH CIVIL CODE, AN EVICTION LAWSUIT IN FIXED-TERM LEASE AGREEMENTS CAN ONLY BE FILED AT THE END OF THE LEASE TERM AND WITHIN ONE MONTH.

SUMMARY OF THE DECISION

The plaintiffs claimed that they were compelled to use the property, of which the defendant was the tenant under a lease agreement dated August 15, 2020, due to their and their children's housing needs. They alleged that the defendant was given a period of time to vacate the property by means of a formal notice, but the defendant failed to vacate the leased property, and they therefore requested eviction. The defendant's attorney argued that the need was not genuine and requested that the case be dismissed.

The Court of First Instance accepted that the lease agreement was for 5 years and was established on August 15, 2020, that the plaintiffs did not have any other registered real estate, and that the claim of need was real and genuine, and decided to accept the case and evict the tenant due to need.

The Ministry of Justice requested that the decision be overturned in the interest of the law on the grounds that, due to the fixed term of the lease agreement, an eviction lawsuit based on need could not be filed before the end of the contract period, and that the court should have taken into account that the lawsuit was not filed within the time limit.

ASSESSMENT

Pursuant to Article 350 of Turkish Code of Obligations No. 6098, the Court of Cassation stated that in fixed-term lease agreements, when the lessor, his/her spouse, descendants, ascendants, or persons legally dependent on him/her require a residence or workplace, an eviction lawsuit can only be filed at the end of the lease term and within one month; This period relates to public order and must be considered ex officio by the court, even if not raised by the parties.

The review of the case file revealed that a five-year lease agreement was established between the parties on August 15, 2020, and that the lease term would end on August 15, 2025, but the case at hand was filed on December 1, 2023. Since this lawsuit was filed before the lease term expired, it was stated that the time requirement set forth in Article 350 of the Turkish Code of Obligations (TBK) was not met. 350 of the Turkish Code of Obligations.

Therefore, since the court should have taken into account that the time limit for filing a lawsuit had not expired and dismissed the case on the grounds of time, the First Instance Court's decision to accept the case on its merits on the grounds that the need was genuine was found to be contrary to procedure and law.

The Ministry of Justice's appeal in the interest of the law was therefore deemed valid, and the court's decision had to be overturned in the interest of the law.

DECISION

The Third Civil Chamber of the Court of Cassation found the Ministry of Justice's appeal in the interest of the law to be justified and decided to overturn the decision of the Court of First Instance in the interest of the law, pursuant to Article 363/2 of the Code of Civil Procedure No. 6100, without affecting the outcome.