How Does a Unit Owner Evict Their Tenant?

A tenant who constantly disturbs their neighbours and does not comply with the apartment rules is a source of serious problems for both the landlord and the other residents. In such cases, the question "How is this tenant removed?" is often asked. In this guide, we explain how the unit owner and the management can legally evict a tenant who does not comply with the rules, based on Condominium Ownership Law No. 634 (KMK) and general provisions.

The tenant's obligation towards the neighbours

The duty of non-disturbance in Article 18 of the Condominium Ownership Law applies not only to owners but also to tenants. That is, the tenant must also comply with the rules of good faith when using the independent unit and the common areas, not disturb the neighbours and comply with the management plan. Non-compliance with this duty constitutes the legal basis for the eviction process.

First, warning and notice

Eviction is not the first remedy to be resorted to. The process usually begins with a warning. If the tenant's disturbing behaviour continues, the unit owner (landlord) sends the tenant a written notice to correct the situation. This notice states that the behaviour must cease and that otherwise the contract may be terminated. The notice constitutes an important document for the subsequent legal steps.

Judicial intervention (KMK Art. 33)

If the disturbance continues, the injured unit owner or owners may apply to the civil court of peace at the location of the main real estate and request the intervention of the judge (KMK Art. 33). This applies not only to owners but also to problems caused by those who continually benefit from the owner through lease or right of residence (tenants). After hearing the interested parties, the judge decides according to the law and the management plan and orders the disturbance to be prevented. Important point: the judge's first intervention is often not eviction itself but the prevention of the disturbance.

The landlord filing an eviction lawsuit

Since the party to the lease relationship is the landlord, the authority to terminate the lease contract and file an eviction lawsuit primarily lies with the landlord. If the tenant is severely violating the rules of neighbourliness, this is considered a "breach of the tenant's duty of care and respect" and the landlord may request eviction. In practice, sending a notice to the tenant granting time to cease the behaviour strengthens the lawsuit process.

Can management directly cause eviction?

This matter is often confused. The authority of unit owners or management to directly cause a tenant to be evicted is limited. Under KMK Art. 33, management may apply to the judge for the prevention of the disturbance; however, terminating the lease relationship is essentially the landlord's business. In Court of Cassation decisions, if the disturbance can be prevented by other means, ordering prevention rather than direct eviction is generally decided.

The most severe sanction: unbearability and transfer of ownership

If the problem arises from the owner themselves and the situation has become unbearable, under KMK Art. 25 the other owners may request from the court the transfer of that owner's independent unit to themselves. This is a highly exceptional and severe sanction; it is generally subject to strict conditions such as persisting in the violation for one year despite the judge's order. In problems arising from tenants, the main remedy is eviction through the landlord.

Summary

The eviction of a tenant who does not comply with the rules is a gradual process: first warning and notice, then, under KMK Art. 33, the prevention of the disturbance through judicial intervention, and, if necessary, the landlord's eviction lawsuit. The authority of management to directly cause eviction is limited; terminating the lease relationship essentially belongs to the landlord. Each situation is evaluated according to its own circumstances.

Keeping regular records of disturbance complaints, warnings and processes is important in a possible legal process. Apt Yönet brings together announcement, warning and record processes on a single panel, providing management with a regular archive on this matter.

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Frequently Asked Questions

Is a noisy tenant evicted right away?

No. A one-off disturbance is not a ground for eviction; continuity, warning and, if necessary, a lawsuit process are required.

Does the management or the landlord evict the tenant?

Terminating the lease relationship is essentially the landlord's business. Management may apply to the judge under KMK Art. 33 for the prevention of the disturbance.

Is the tenant evicted immediately upon application to the judge?

Generally no. The judge's first intervention is usually directed at the prevention of the disturbance; eviction is a severe and exceptional outcome.

Is a notice mandatory?

In practice, a written notice both gives an opportunity to correct and strengthens a possible lawsuit process; it is an important step.

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This content is intended for general information purposes and does not constitute legal advice. For your specific situation, consulting a legal expert is recommended.