The house was vacated, but the court costs were charged to the tenant.

The house was vacated, but the court costs were charged to the tenant.

23.01.2026 17:16

In Ankara, the tenant S.B. vacated the house after the landlord Y.E. filed an eviction lawsuit on the grounds of his son's housing need. Although the court found the case to be moot, it ruled that the landlord was justified and ordered the tenant to pay the litigation costs.

A striking decision was made in a housing case seen in the Sincan district of Ankara. A citizen named Y.E. rented his house in the Sincan district to S.B. on June 14, 2019. Six years later, during the rent renewal period in June 2025, Y.E. requested the tenant to vacate the house, stating that his son needed housing. The landlord informed that his son had no other place to stay, and therefore needed the said house. The tenant S.B. requested time to move out. When the dispute between the parties could not be resolved, the landlord Y.E. applied for mandatory mediation. No agreement was reached during the mediation meetings.

THE HOUSE WAS VACATED 1 MONTH AFTER THE LAWSUIT WAS FILED

In response, Y.E. filed an eviction lawsuit on July 10, 2025, at the Ankara West 7th Civil Court of Peace through his lawyer, citing his son's housing need as the reason. The tenant S.B. vacated the house one month after the lawsuit was filed and handed the keys to the landlord. In his defense at the court, S.B. stated, "The plaintiff Y.E. came to me in June 2025. He asked me to leave the house. Since our contract renewal time was in June. I asked him for 1.5 months' time and I vacated the rented property within the time I requested. I did not understand why a lawsuit was filed. I could not go to the mediator because I had other business."

THE LAWSUIT BECAME SUBJECTLESS BUT THE LANDLORD WAS FOUND RIGHT

The court evaluated that the lawsuit became subjectless due to the eviction of the house during the lawsuit process. However, examining the situation at the time the lawsuit was filed in terms of litigation costs, the court concluded that the landlord was justified in filing the lawsuit.

COSTS WERE IMPOSED ON THE TENANT

In the examination, it was stated that Y.E. and his son did not have another house registered in their names, and it was determined that the son's housing need was real and necessary. While the court ruled that there was no need to make a decision on the merits of the case, it decided that the attorney's fee, litigation costs, and mediation fee should be paid by the tenant S.B.

"IT CAN ALSO BE DIRECTED IN THE FORM OF ENFORCEMENT FOLLOW-UP"

The landlord Y.E.'s lawyer, Fırat Bilici, stated that despite the eviction occurring during the lawsuit process, the lawsuit continued, saying, "There are certain litigation costs after the eviction of the house; attorney's fee and expenses incurred in the litigation. The litigation continues to determine who will bear these costs. The tenant is ordered to pay certain litigation costs and attorney's fees within the framework of the civil procedure law. It is important for them to reach an agreement with the landlord here. However, just vacating the house is not enough. They need to agree with the landlord and either cover the landlord's litigation costs and attorney's fee requests in such cases or mutually waive if they will not cover them. If they do not do this, a decision regarding the litigation costs and attorney's fee requests may suddenly come from the court. In fact, this can also be directed to them in the form of enforcement follow-up," he said.

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