Eviction of the leased premises due to the existence of a habitable residence belonging to the tenant or their co-residing spouse within the same district or municipality as the leased property

The regulations of the Turkish Code of Obligations No. 6098 on residential and roofed workplace rental relations adopt the principle of tenant protection, taking into account the tenant's right to housing and the fact that it is the weak link of the rental relationship. However, in order not to ignore the existence of the tenant's right to housing, which is one of the basic human rights, as well as the tenant's right to absolute property rights over the Decoy, the tenant has been granted a limited number of certain eviction opportunities. In the study, 352 of the Turkish Code of Obligations, which is one of the mentioned eviction opportunities recognized to the lessor, and. article 3. the issue of termination of the lease agreement by filing a lawsuit within one month from the end of the lease agreement due to residential housing within the municipal boundaries of the same district or town owned by the tenant or his spouse with whom he lives, provided that the lease agreement arranged in the paragraph is not known to the lessor at the time of signing, the issue of termination of the lease agreement has been examined. 352 Of the Turkish Code of Obligations. Article 3. In accordance with the regulation contained in the paragraph, some conditions must be met in order for an eviction case to be filed by the lessor. In order for the lessor to request the eviction of the lessor due to habitable housing located on the municipal borders of the same district or town belonging to the tenant or his spouse with whom he lives, the lessor must be in the residential quality in order to sue, if the lessor is a business place with a roof, there is no possibility of applying for the relevant eviction opportunity. The residence must belong to the tenant or the spouse with whom he lives; if it belongs to the spouse with whom he lives, he should not be perceived as the spouse to whom he is bound by the marriage union, the provision of the condition of living together and the scope of the phenomenon of living together were examined in detail. The residence belonging to the tenant or his/her spouse with whom he/she lives should be located within the municipal boundaries of the same district or town as the rented one and should be suitable for residence by providing objective and subjective conditions together; what should be understood from the municipal boundaries in the same district or town, the scope and how the legal regulation should be reflected in practice, what should be understood from the provision of objective and subjective conditions, in which cases it is not possible to talk about the suitability for residence, have been studied in detail. In order for the lessor to apply for the relevant eviction opportunity, he/she must not know the existence of the residence belonging to the tenant or his/her spouse during the conclusion of the lease agreement; subsequently, a detailed evaluation of the state of learning was made in accordance with the principle of confidentiality of private life from the point of view of the tenant and his family. Finally, the lessor has the right to file a lawsuit within one month from the end date of the lease agreement if all conditions are met. In this context, the purpose of the study is to reveal the place of the reason for the eviction in question in our legal system by evaluating both the opinions in doctrine and judicial Decrees together and to offer solutions to the hesitations experienced in practice.