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filing a suit based upon illegal occupation. The Court shall
determine the adequate pay by considering current leasing
value of the real property under lease. However, the landlord
will not be able to bring an action for eviction since the con-
tractual relation ended and an action for eviction may be filed
only if the conditions stipulated between the articles 350 and
354 of the TCO are met.
• The second possibility, pursuant to Article 4/1(a) of the Civil
Procedure Law, is that since there is a dispute arising from a
tenancy relationship, irrespective of the value and amount of the
subject matter, it is possible for the landlord to file an action for
eviction before the Civil Court of Peace.
The approach of the courts will determine the solution, which will
be applied if the tenant does not evacuate the real property subsequent
to receipt of the termination notice.
Conclusion
The TCO has brought a significant novelty with respect to the ter-
mination of lease contracts on residential premises and roofed work-
places. It sets forth that the landlord may terminate lease contracts with
no reasonable ground at the end of the above-mentioned extension
periods. The reason for this regulation is that the legislator seeks equi-
librium between conflicting interests; one being the ownership rights
of landlords, whereas the other is the protection of the tenants’ posses-
sion rights. Therefore, implementation of said provision was post-
poned as a precautionary measure until the dates of 01.07.2014 and
01.07.2017 so as to protect tenants. Landlords will be able to terminate
their lease contracts on the basis of the above- mentioned provision as
of these dates.
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