Filed an Eviction Lawsuit and the Tenant Vacated the Property? The Critical Detail of Attorney Fees and Court Costs

Many property owners who file a lawsuit to evict their tenant are confronted with an unexpected question when, while the proceedings are still ongoing, the tenant vacates the property and hands over the keys: "What happens to the case now — will the attorney fees and court costs I've spent be returned to me?" This situation is referred to in legal terminology as the lawsuit "becoming moot" (konusuz kalma), and its consequences are not as simple as they might seem. In this article, we examine, in light of Court of Cassation decisions, how the court proceeds when a lawsuit for removal of the objection and eviction based on an eviction undertaking becomes moot, and to whom the court costs and attorney fees will be allocated.

Summary of the Situation

A scenario frequently encountered in practice is as follows: the landlord initiates enforcement proceedings based on an eviction undertaking signed by the tenant, and when the tenant objects to these proceedings, the landlord files a lawsuit for removal of the objection and eviction. While the case is pending, the tenant actually vacates the property and hands over the keys. At this point, it is no longer possible for the court to rule on a claim (eviction) that has already ceased to exist, because the eviction has already taken place. The issue is to which party the court costs and attorney (proxy) fees will be allocated in this situation.

The Legal Issue

A lawsuit becoming moot is a legal institution distinct, in terms of its consequences, from winning or losing the case. Two fundamental questions arise here:

• Will the court render a decision on the merits of the case, given that the eviction has already occurred?
• To whom will the court costs and attorney fees be allocated?

The answer to these questions is sought in Article 331/1 of Code of Civil Procedure No. 6100 (HMK). According to this provision, when a lawsuit becomes moot, the judge assesses the court costs based on which party was in the right as of the date the lawsuit was filed.

What Do the Court of Cassation and Regional Courts of Appeal Say?

No Decision Is Rendered on the Merits — A "Case Becomes Moot" Ruling Is Issued

According to judicial decisions, if the leased property is vacated and the keys are handed over while the eviction lawsuit is still pending, the subject matter of the lawsuit ceases to exist. In this situation, there is no need for the court to render a decision in favor of eviction; a ruling of "no decision needed" (karar verilmesine yer olmadığına) must be issued.

• Antalya Regional Court of Appeal, 6th Civil Chamber (E. 2024/3061, K. 2024/1756, T. 2024) emphasized that if the property is vacated during the proceedings, the court must rule that the lawsuit has become moot.
• Court of Cassation, 3rd Civil Chamber (E. 2020/11264, K. 2021/756, T. 2021) stated that if the leased property is vacated after the lawsuit is filed, the court must rule that no decision is needed on the merits, in the nature of a declaratory ruling.
• Court of Cassation, 3rd Civil Chamber (E. 2017/3568, K. 2017/7620, T. 2017) stated that the court must investigate whether the leased property has been vacated and, if the eviction has taken place, determine that the lawsuit has become moot.

Attorney Fees Do Not Follow Automatically — Who Was in the Right Is Decisive

The issue most frequently questioned in practice is whether a lawsuit becoming moot automatically results in an attorney fee award in favor of the plaintiff. The Court of Cassation's position is clear on this point: attorney fees are not awarded automatically under all circumstances. The court must assess which party was in the right as of the date the lawsuit was filed.

• If the plaintiff was in the wrong at the time the lawsuit was filed (for example, if the eviction undertaking was invalid or the lawsuit was filed before the statutory periods had expired), an attorney fee may be awarded against the plaintiff even though the lawsuit has become moot (Court of Cassation, 6th Civil Chamber, E. 2014/9453, K. 2014/11866, T. 2014).
• Where the defendant did not cause the lawsuit to be filed (for example, if the debt was paid within the statutory period or the eviction had been offered before the lawsuit was filed), the attorney fee may be left on the plaintiff (Ankara Regional Court of Appeal, 15th Civil Chamber, E. 2018/3608, K. 2019/2589, T. 2019).
• If no attorney fee was awarded in an earlier decision and that decision has become final, an attorney fee may not be awarded at later stages; this situation is explained through the concept of procedurally vested rights (usuli kazanılmış hak) (Court of Cassation, 3rd Civil Chamber, E. 2023/822, K. 2023/2492, T. 2023).

The Risk of Incomplete Examination

If the fact that the property has been vacated is not reported to the case file, the court may render a decision on the merits. However, the Court of Cassation regards it as an "incomplete examination" for the court to render a decision without investigating the fact of eviction.

• Court of Cassation, 6th Civil Chamber (E. 2014/3910, K. 2014/14321, T. 2014) emphasized that the court must collect the parties' evidence to determine who caused the lawsuit to be filed and whether the eviction has taken place.
• According to Court of Cassation, 3rd Civil Chamber (E. 2017/8047, K. 2017/18389, T. 2017), if the court rules in favor of eviction despite the fact that the eviction has already occurred, this creates a contradiction in the reasoning and constitutes grounds for reversal.

Points to Watch

• Be sure to report the eviction to the case file. If the tenant has vacated the property, notifying the court of this fact by petition is essential both for the proper conduct of the proceedings and for the assessment of your request for court costs.
• Prove that you were in the right at the time you filed the lawsuit. Factors such as the validity of the eviction undertaking and the correct calculation of the statutory periods determine whether you can win an attorney fee even in a lawsuit that has become moot.
• Assess whether the opposing party caused the lawsuit to be filed. If the debt was paid on time or the eviction had been offered before the lawsuit, the risk of the court costs being allocated to you increases.
• Pay attention to the institution of procedurally vested rights. If no attorney fee is awarded at one stage and that decision becomes final, this may adversely affect your claim at later stages.

Conclusion: What Should You Do?

If the tenant has vacated the property, your eviction lawsuit will conclude with a ruling of "no decision needed" on the ground that it has become moot. However, this does not mean that your court costs and attorney fees will go uncompensated. What is decisive is which party was in the right as of the date the lawsuit was filed. If you were in the right in filing the lawsuit and the opposing party caused the lawsuit to be filed, it remains possible for the court to award court costs and attorney fees even though the lawsuit has become moot.

Properly managing the process in such lawsuits, timely and duly reporting the eviction to the court, and establishing which party was in the right at the time the lawsuit was filed with strong evidence are of great importance. If you are facing a dispute arising from rental law, obtaining support from an attorney from the outset of the process will minimize both your time and financial losses.