When Landlords Re-Rent After Claiming Necessity: Tenant Compensation Rights in Türkiye

Under Turkish rental law, landlords may initiate an eviction case by claiming that they or their close relatives have a legitimate and personal need to use the rented property. However, if it later becomes evident that the landlord has reclaimed the property under false pretenses—specifically by re-renting it to a third party shortly after evicting the tenant—the law provides the former tenant with the right to claim compensation.

This blog post outlines the legal consequences for landlords who re-rent properties after winning an eviction case based on personal necessity.

Legal Background: Eviction Based on Landlord's Necessity

According to Article 350 of the Turkish Code of Obligations (No. 6098), a landlord may terminate a rental agreement by filing a lawsuit based on:

• The landlord’s or their relatives’ need to personally use the property for residential or workplace purposes,

• Rebuilding, reconstruction, or major repairs that make occupancy by the tenant impossible.

In practice, many landlords rely on the personal necessity clause to regain control of a property.

The Prohibition Against Re-Renting to Third Parties

After winning such an eviction case, landlords are legally prohibited from re-renting the same property to anyone other than the previous tenant for three years, unless a justified and unavoidable reason arises.

Re-renting the property during this three-year period—especially without a valid excuse—constitutes a clear abuse of the court’s ruling. The tenant who was evicted on the grounds of personal necessity has the right to claim monetary compensation from the landlord.

Tenant’s Right to Compensation

The tenant may file a lawsuit for damages if they can prove that:

1. The landlord evicted them based on personal necessity,

2. The property was re-rented to a third party within three years,

3. No valid or compelling reason existed for the change in circumstances.

The compensation is typically calculated based on the financial loss the tenant incurred due to the eviction, which may include increased rental costs, relocation expenses, and other damages.

Yargıtay’s (Turkish Court of Cassation) Approach

Yargıtay has consistently upheld the tenant's right to compensation in such cases. For example:

• Yargıtay 6th Civil Chamber, 2013/1252 E., 2013/5893 K.: The court ruled that re-renting a property shortly after eviction based on personal necessity indicates bad faith, and awarded compensation to the tenant.

• Yargıtay 3rd Civil Chamber, 2018/3254 E., 2018/7342 K.: The court emphasized that landlords must genuinely intend to use the property for personal need and may not circumvent the law to evict tenants.

What Qualifies as a Valid Justification?

The landlord may avoid liability if they can convincingly demonstrate that they were unable to use the property due to unforeseen and legitimate reasons, such as:

• A sudden change in their personal or financial condition,

• Health reasons preventing use,

• Death or disability.

However, mere economic benefit or higher rent potential is not considered a valid justification.

Legal Remedies and Procedures for Tenants

If you are a tenant who has been evicted and later learned that the landlord re-rented the property to someone else:

1. Document the re-rental: Gather evidence such as new lease agreements, public utility registrations, or real estate listings.

2. Consult a lawyer: A qualified attorney can assess your eligibility for compensation and prepare the necessary lawsuit.

3. File the claimwithin the legal time frame—typically 5 yearsfrom the date of re-rental.

Conclusion

Landlords in Türkiye must approach eviction lawsuits for personal necessity with genuine intent. The law imposes a strict duty to refrain from re-renting the property for three years, and violations may result in serious financial consequences. Tenants who believe they were wrongfully evicted can and should pursue compensation through legal channels.

Bayraktar Attorneys provides legal support to both landlords and tenants in rental disputes across Türkiye. Contact us for strategic legal advice and litigation services.