Article 352 of the Turkish Code of Obligations and Its Application

1. Introduction

The Turkish Code of Obligations (TCO) contains important provisions regulating the legal relationships between tenants and landlords. Specifically, Article 352 of the TCO establishes the landlord’s right to evict the tenant under certain conditions. This article is a crucial regulation that defines the rights and obligations of both tenants and landlords.

2. Content of Article 352 of the TCO

Article 352 of the Turkish Code of Obligations outlines specific situations in which a landlord can request the eviction of a tenant:

Tenant’s eviction commitment: If the tenant has made a written commitment to vacate the property on a specified date but fails to do so, the landlord can file an eviction lawsuit based on this commitment.
Two justified notices: If the tenant fails to pay the rent on time twice within the same rental period and the landlord issues two justified warnings, the landlord can file an eviction lawsuit within one month after the end of the lease term.
The tenant or their spouse owning a suitable residence within the same district or town: If the landlord can prove that the tenant or their spouse owns a habitable residence within the same district or town, they have the right to terminate the lease agreement.

3. Application Areas of Article 352

This article ensures that landlords can terminate lease agreements under specific conditions while also maintaining fairness in rental relationships. Some common practical scenarios include:

Tenant’s Eviction Commitment: Tenants sometimes provide written commitments stating that they will vacate the property on a specific date. This commitment can be made before a notary or in a simple written form. If the tenant does not leave by the agreed date, the landlord can file an eviction lawsuit.
Eviction Due to Two Justified Notices: If a tenant delays rent payments twice in the same rental year and the landlord sends two formal notices, they can request eviction at the end of the lease term. This provision encourages tenants to pay rent on time.
Tenant Owning Another Residence: If a tenant or their spouse owns another habitable property within the same district or town, the landlord can request termination of the lease. However, the court will evaluate whether the alternative residence is truly suitable for habitation.

4. Supreme Court Decisions and Case Law

The Supreme Court of Turkey has issued several rulings interpreting Article 352, offering guidance on its application. Some key points include:

A tenant’s eviction commitment does not necessarily have to be notarized, but notarization can provide additional legal assurance.
In cases of eviction due to two justified notices, the notices must comply with legal procedures.
If a landlord claims that the tenant or their spouse owns another suitable residence, expert evaluations are often required to determine the habitability of the alternative property.

5. Conclusion

Article 352 of the Turkish Code of Obligations is a significant provision balancing the rights of both tenants and landlords. The provisions regarding eviction commitments, two justified notices, and alternative residence ownership frequently arise in rental disputes. By adhering to these regulations, landlords and tenants can avoid legal conflicts and maintain fair rental relationships