While the Turkish Code of Obligations No. 6098 (TBK) contains rigid provisions aimed at protecting the lessee, urban renewal legislation relaxes this protective shield at certain nodes due to overriding considerations of “public order” and “life safety.” Because Law No. 6306 prioritizes speed and efficiency in the liquidation of hazardous structures, the legislature has heavily restricted tenants’ capacity to intervene in the process or object to the risky structure determination.
The initial and most concrete consequence faced by a tenant residing in a building designated as a risky structure under the urban renewal framework is the mandatory eviction. Legal defenses raised by a tenant, such as “my lease agreement is still active” or “I have no alternative accommodation,” do not stay or halt the demolition process.
The tenant bears the statutory burden of monitoring the risky status of the property via the official notice posted on the building or the public announcement displayed at the local neighborhood administration office (muhtarlık). Upon the expiration of the 15-day public notice period at the local administration office, all tenants and right holders are legally deemed “notified,” and the statutory eviction timelines commence.
For structures that are not vacated despite the expiration of the legal timeframe, the state’s administrative enforcement powers are triggered. The primary sanctions applied at this stage include:
Suspension of Public Utilities: The administrative authority requests relevant utility corporations (such as ISKI, IGDAS, electricity providers, etc.) to terminate electricity, water, and natural gas services supplied to the structure.
Law Enforcement Intervention: Upon the written authorization of the local administrative chief (Governor or District Governor), law enforcement officers are empowered to open locked doors and execute the eviction.
Financial Rights and State Support Allocated to Tenants
Unlike property owners who receive monthly payments for up to 18 months in risky structures, the rental assistance provided to tenants functions as a “contribution toward relocation expenses” and is generally disbursed as a one-time, lump-sum payment.
Essential Criteria:
Residency Requirement: The tenant must be actively residing in the subject property on the exact date the risky structure assessment report is officially approved. This status must be verified through a historical residence registration report obtained from the Civil Registry Directorate, supported by utility bills registered under the tenant’s name.
Application Deadline: The application for financial assistance must be completed within a maximum of 1 year from either the eviction date or the actual demolition date of the building. This timeframe is a preclusion period (hak düşürücü süre).
Başvuru Süresi: Tahliye tarihinden veya yapının yıkım tarihinden itibaren en geç 1 yıl içinde başvurunun tamamlanması gerekir. Bu süre hak düşürücüdür.
Statutory Priority Right to Lease the Reconstructed Real Property (Rüçhan Hakkı)
Upon the construction of the new building replacing the demolished structure, the property owner is legally obligated to extend a leasing offer to their former tenant before leasing the real property to any third party.
Written Notification: The property owner must formally notify the former tenant of the new rental value and leasing terms in writing. Utilizing a notary public for this notification is critical for evidentiary purposes.
One-Month Decision Window: The tenant must declare whether they will exercise their statutory priority right within one month following the receipt of the formal notification.
Three-Year Leasing Ban: Unless the former tenant’s priority right is legally terminated (e.g., through explicit rejection of the offer or the expiration of the decision window), the real property cannot be leased to a third party for a duration of three years without justifiable cause.
Legal Sanctions Against Non-Compliant Landlords
If the property owner leases the real property to a third party in violation of the rules governing the statutory priority right, the owner incurs a heavy liability for damages toward the former tenant.
Quantum of Damages: The legislature has stipulated that this compensation shall not be less than “the total one-year rental fee paid by the tenant during their final lease year.”
Prevention of Bad Faith: This statutory mechanism aims to deter property owners from exploiting the urban renewal process as a bad-faith instrument for arbitrary tenant eviction.