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Eviction undertakings in rented dwellings that serve as the family home

2025
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Advisor: Doç. Dr. Agah Kürşat Karauz

Abstract (EN)

In lease relationships concerning residential and roofed business premises, the tenant may undertake, in writing, to vacate and return the leased property to the lessor by a specific date after the delivery of the property. In practice, the tenant's unilateral written declaration to vacate the leased property is commonly referred to as an "eviction letter." The family residence, on the other hand, is the dwelling used by a married couple as their shared home. Spouses jointly decide on the residence they will inhabit. They manage the marital union together, and each contributes to the expenses of the union in proportion to their financial capacity and labor. One spouse cannot terminate the lease agreement concerning the family residence, transfer the family residence, or place restrictions on the rights over the family residence without the explicit consent of the other spouse. In many cases where the family residence is established through a lease agreement, the contract is signed solely in the name of one of the spouses, who is then treated as the sole legal party to the agreement. The other spouse is often excluded from having any legal say in the formation or termination of the contract. However, under the Turkish Civil Code, it is stipulated that spouses must jointly choose their residence and manage the marital union together. It is intended that decisions regarding the family residence—one of the most significant aspects of the marital union—be made jointly by both spouses. Any acts that restrict rights over the family residence without the consent of the other spouse are deemed invalid under the law.

Author

Dr. Hakan Gürses

How to Cite

Hakan Gürses (Master Thesis). Eviction undertakings in rented dwellings that serve as the family home, 2025, Akdeniz University.

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