28.06.2025 14:33
In Kayseri, the court overturned the landlord's scheme to evict his tenant by claiming, "I am going for continuous treatment, and the hospital is close to the house." When the court inquired about the situation at the hospital, it realized that the landlord was not going there regularly and ruled in favor of the tenant remaining in the house.
A person living in the Tomarza district of Kayseri wanted to evict the tenant living in his house in central Kayseri. The landlord, who constantly provided excuses, filed an eviction lawsuit when he could not remove the tenant from his house. In the hearing held at the Kayseri 1st Civil Court of Peace, he stated that he was constantly coming and going from the district for treatment at Erciyes University Faculty of Medicine, and therefore the tenant needed to be evicted from the house.
THE COURT DISRUPTED THE LANDLORD'S GAME
The court, which postponed the hearing, sent a letter to Erciyes University to find out whether the landlord was receiving treatment. The response indicated that the landlord had been hospitalized for a 3-day treatment in the past, and there were no further hospital records. Upon this, the court ruled that the landlord's statements did not reflect the truth and decided that the tenant could remain in the house.
"A PRECEDENT DECISION WAS MADE BY THE COURT"
Evaluating the issue, Mahmut Şahin, the President of the Consumers Union, stated, "Especially in the last 3 years, due to exorbitant rent increases, landlords have started to develop various tactics. It is more feasible to rent an empty house at a high price than to have a tenant living in it. There are classic tactics among landlords such as 'My daughter will come from Germany,' 'I need it for myself.' They try to evict the tenant living in the house this way. Because it is not that possible to increase the rent with the tenant in the house. Due to the chaos in the market, serious increases are being made. These issues are generally not taken to court. Tenants leave the house to avoid conflict with the landlord. Tenants have the right to claim one year's rent if they leave the house for these reasons and the house is rented again. A precedent decision has been made by the court. The landlord wants to evict the tenant by saying, 'the house is close to the hospital, I am constantly receiving treatment.' The tenant does not believe this. The landlord also files an eviction lawsuit. In the case, the tenant tells the court, 'I have no health problems, I do not go to the hospital regularly.' The judge asks hospitals and learns whether the landlord is receiving treatment. When it is revealed that the landlord has a second house, the judge naturally rejects the eviction request. The tenant continues to live in the house," he said.
"THE TENANT CAN CLAIM ONE YEAR'S RENT"
Mahmut Şahin stated, "Since no tenant has faced such a lawsuit before, there was no precedent decision. Now there is a precedent decision. The landlord must prove that his daughter is coming from Germany, his son is getting married, or that he has a personal need. If he cannot prove it, the eviction request is rejected. Even if the tenant has left without needing to, and the house has been rented to a new tenant, they can still file a lawsuit and claim one year's rent from the landlord," he said.