What are the Rights of the Tenant and the Landlord in a Sold Property?

10 October 2023

With the entry into force of the Code of Obligations No. 6098 in 2011, Law No. 6570 on Real Estate Leases was repealed. Therefore, real estate lease transactions are also governed by the provisions of the current Code of Obligations.

It is generally accepted that the landlord is the party in a strong position and the tenant is the party in a weak position in the lease relationship. For this reason, legal provisions have been made considering that the tenant in a weak position should be protected more than the landlord in a strong position. Again, it is generally accepted that if the house where the tenant lives is sold, the new landlord will not be able to evict the tenant. The tenant can continue to live in the house until he/she vacates it.

In addition to the tenant's rights, the new landlord has certain rights, such as the right to bring an eviction action.

The new landlord may have purchased a house with a tenant, either by suggestion or persuasion, by meeting the tenant, or by being unaware of the existence of a tenant in the house. In any case, unless the tenant agrees to vacate, the lease with the previous landlord continues. However, as a result of the purchase of the house by the new landlord, one of the parties to the contract and the bank accounts where the rent is paid change. However, the lease agreement is intended to continue to exist and be valid despite all these changes, without the need for any regulation. In addition, the rights acquired by the lessee at the time of signing the lease remain in force. In other words, the terms of the lease remain in effect even if the landlord changes.

While these are the conditions for buying a house with a tenant, some real estate consultants offer the property for sale with the understanding that the tenant can be evicted after the sale. This action, taken for the sole purpose of selling the property and potentially victimizing the parties to the lease, is both ethically and legally problematic. Real estate consultants who make a commitment to the buyer of the house by saying "you buy the house, we will somehow remove the tenant" should not be trusted. In this regard, legal assistance can be obtained from a real estate lawyer, as well as working with real estate consultants who explain the essence of the problem transparently. If necessary, the tenant currently living in the house to be purchased can be interviewed and plans for the future of the house in question can be made. On the other hand, it is the ethical responsibility of the previous owner of the property to inform the tenant prior to the sale.

So what should the landlord do if he wants to evict the tenant?

Within 1 month of the purchase, the new landlord must send a notice to the tenant informing him/her that he/she is the new owner of the property. If the new landlord wants the tenant to vacate the property in order to live in the house, this request must also be included in the notice. After 6 months from the date of the notice to the tenant, the landlord can file an eviction action. However, there is no guarantee that the eviction case will be decided in favor of the landlord. It is also possible for the defendant tenant to win the eviction case. If the landlord cannot prove that he has no other residence than the house he bought and that he needs the house; it will not be possible to win the eviction case.

In cases where the tenant cannot be evicted by the court, landlords should - as mentioned above - engage in a dialogue with the tenant before or after the purchase. The landlord should attempt to persuade the tenant to vacate and, if necessary, provide some assistance with the tenant's eviction and relocation expenses. It is in the landlord's best interest to reach an eviction agreement between the parties. This is because the landlord does not have to deal with exhausting and tedious litigation and the risk of losing the eviction case is eliminated.