Breach of Lease Agreement: Eviction Lawsuit and Court of Cassation Rulings

Tenancy relationships are legal ties that create mutual rights and obligations between property owners and tenants, encompassing dynamic processes. In practice, tenants' failure to comply with contractual terms can lead to serious disputes and eviction demands between parties. In this article, we will examine the sanctions that may be encountered when a tenant acts contrary to their obligations and the conditions for an eviction lawsuit. In particular, we will elaborate on the concept of breach of lease agreement, which has primary importance, within the framework of the Turkish Code of Obligations and current Court of Cassation decisions.

What is a Breach of Lease Agreement?

Breach of lease agreement is the tenant's violation of their obligation to exercise due care and respect arising from law or contract. According to Article 316 of the Turkish Code of Obligations numbered 6098, “The tenant is obliged to use the leased property diligently in accordance with the contract and to show due respect to the residents of the property where the leased property is located and to the neighbors.”

This general framework mandates that the tenant both preserve the physical structure of the property and not harm the social environment. Indeed, the 3rd Civil Chamber of the Court of Cassation, in its decision dated 16.1.2018, numbered 8658-173, defines breach of contract as follows:

"In a lawsuit filed on the grounds of breach of contract, for an eviction decision to be rendered, the behavior constituting the breach must be significant and directly related to the personal use of the leased property."

Accordingly, not every contractual breach directly results in an eviction sanction. For a breach to lead to eviction, it must necessarily relate to essential elements.

When is an Eviction Decision Rendered in Case of Breach of Lease Agreement?

For an eviction decision to be rendered due to a breach of the lease agreement, the violation must be directly related to and significant for the personal use of the leased property. The violation of subsidiary obligations included in the contract, but not directly affecting the fundamental principles of property use, does not grant the landlord the right to evict.

Indeed, the 3rd Civil Chamber of the Court of Cassation, in its decision dated 4.5.2023, numbered 8450-1287, explicitly emphasized this principle:

"In a lawsuit filed on the grounds of breach of contract, for an eviction decision to be rendered, the behavior constituting the breach must be significant and directly related to the personal use of the leased property. Beyond this, the tenant's failure to fulfill obligations stipulated by the contract does not result in eviction due to breach of contract."

In this context, the non-payment of rent is not resolved within the scope of breach of lease agreement, but rather within the legal framework of default. As stated in the decision of the 3rd Civil Chamber of the Court of Cassation dated 2.5.2023, numbered 11-1196, non-payment of rent is a ground for eviction due to default. Therefore, to avoid confusion in practice, default and breach of contract processes should be legally conducted separately.

Cases Deemed as Breach of Contract According to Court of Cassation Rulings

In the jurisprudence of the Court of Cassation, specific types of violations related to the personal use of the property and paving the way for eviction have been clarified. Accordingly, the main situations accepted as a breach of the lease agreement by judicial bodies are as follows:

• Unauthorized alterations to the property (Court of Cassation 3rd Civil Chamber, 24.5.2023, 1887-1595)
• Subleasing without permission in the contract (Court of Cassation 3rd Civil Chamber, 25.12.2018, 6650-13235)
• Engaging in acts contrary to food safety and hygiene rules (Court of Cassation 3rd Civil Chamber, 4.5.2023, 8450-1287)

However, in its ruling dated 4.5.2023, numbered 8450-1287, the 3rd Civil Chamber of the Court of Cassation also ruled that actions constituting a breach of food safety and hygiene rules do not constitute "gross misuse" and that a time-limited notice should be sent to the defendant.

Notice Requirement and Conditions for Gross Misuse

In cases of breach of lease agreement, generally, a notice must be sent to the tenant, granting them a period of time, whereas in cases of gross misuse, an eviction lawsuit can be filed directly without requiring a notice. In residential and roofed workplace leases, if there is gross misuse, there is no need to grant a period to the tenant. On the other hand, this notice procedure is also not applied in contracts that are not residential or roofed workplace leases, such as usufructuary leases or ordinary lease agreements. Indeed, the 3rd Civil Chamber of the Court of Cassation, in its decision dated 14.3.2023, numbered 8506-591, ruled that there is no need for a notice regarding the rectification of a breach of contract in a usufructuary lease.

Gross misuse encompasses severe situations such as excessive abuse of the leased property, animosities between parties reflected in criminal investigations, and damage to the property. In this regard, the 3rd Civil Chamber of the Court of Cassation, in its decision dated 13.12.2023, numbered 5110-3695, stated the following:

"When the material facts and legal grounds, the accusatory attitudes and statements of the plaintiff and defendant company officials towards each other, public prosecutor's investigation files, the determination that the leased property was grossly misused contrary to the obligation to use it diligently, and the defendant's statements acknowledging non-compliance with contractual clauses, together with the animosity that arose between the parties, are evaluated collectively; it is concluded that there was gross misuse of the leased property."

Therefore, in such severe violations, the landlord has the right to initiate legal proceedings without being subject to any legal waiting period.

Conclusion

The breach of obligations arising from a lease agreement is a process based on delicate balances in real estate law and requires careful examination for each specific case. For a tenant's actions contrary to their legal obligation of care to directly result in eviction, the essential conditions specified in the Court of Cassation decisions must be met and the correct procedural steps must be taken. In such complex processes, obtaining professional support from an expert law firm is of great importance to prevent loss of rights and protect property rights. For the resolution of your lease disputes in accordance with legal regulations and current judicial precedents, you can contact Çevik Legal to receive professional legal consultancy services.

This article is for informational purposes only and does not constitute legal advice.