One of the most common situations faced by property owners is the inability to collect the rental fees of their rented properties and the evacuation of the tenant. In this information note, we have examined the legal ways that can be followed regarding the eviction of tenants who do not pay rent.
When must the tenant pay the rent? Under what conditions can it be accepted that he has not paid his rent debt on time?
Pursuant to Article 13 of the Turkish Code of Obligations No. 6098; The lessee is obliged to pay the rent on the date or between the dates specified in the rental contract. The tenant who does not pay the rent will be in default and legal rights for eviction proceedings arise.
Is it possible to evict the tenant who does not fulfill the obligation to pay the rent debt before the end of the contract period?
Yes, it is possible. The rental contract is a bilateral contract that imposes mutual debts and obligations in accordance with the Turkish Code of Obligations.
Is there only one way of eviction of the tenant? Are there more than one option? If so, what are these options?
There are three options for the eviction of the tenant who does not pay the rent. These options are as follows:
1. Filing an Eviction Case with Two Justified Warnings
If it is preferred to start the eviction process of the tenant with this option, the first condition to be met will be two justified notices by the landlord within a rental period.
What is meant by 'justified notice' here is that the landlord sends a warning to the tenant if the tenant has not paid the due (due) rent within the prescribed time. In addition, it should not be forgotten that these two justified warnings should be sent regarding two different rent debts so that the necessary conditions for filing an eviction lawsuit can be created.
However, of course, two justifiable warnings are not the only condition for filing an eviction lawsuit. In order for the eviction lawsuit to be filed, the rental period, which is the subject of two justified warnings, must have expired and this lawsuit must be filed within 1 (one) month after the end. Otherwise, this one-month period will have to wait for the next rental period in order to file an eviction lawsuit due to its regularity as a period of disqualification.
2. Initiating Enforcement Proceedings with a Request for Eviction
Initiating enforcement proceedings with an eviction request is a faster and more practical way to evict the tenant. The reason for this is the intensity of the cases, the date of the cases that spread over a long period of time and the decision to be made in a late period. It should be emphasized that if the property owners do not demand eviction in the enforcement proceedings against the tenant for unpaid rents, they may only request the collection of rental fees and lose their right to demand eviction.
After the enforcement proceedings with a request for eviction are initiated, a payment order is sent to the tenant and it is written that the indebted tenant can object within 7 (seven) days after receiving the notification of the payment order. If the debtor objects within 7 (seven) days, the enforcement proceedings are stopped, and if he pays the rent, including all follow-up costs, within 30 (thirty) days, he cannot be evicted.
If the tenant does not pay all debts, including all follow-up costs, within 30 (thirty) days, a lawsuit is filed at the Enforcement Court for the eviction of the tenant at the end of 30 (thirty) days.
If the debtor objects within 7 (seven) days, there are two options. One of these is that the tenant has a written rental contract, and the other is that the tenant does not have a written rental contract.
If the lessor has a written rental contract and the tenant has objected, the creditor may file a lawsuit to the enforcement law court for the removal of the objection for the continuation of the pending proceeding. In the lawsuit for the annulment of the objection filed in the enforcement law court, the judge only checks whether the rent debt has been paid or not. If the rent debt has not been paid, it will order the tenant to be evicted. However, if the tenant has objected to the signature, if the judge confirms that the signature belongs to the tenant this time, he will order the tenant to be evicted again.
If the tenant does not have a written rental contract, or if the rental contract has been concluded verbally or if the creditor has lost the rental contract, then the creditor does not have a document accepted in accordance with the Enforcement Bankruptcy Law. Due to the lack of documents, the court in charge of the action for the annulment of the objection will be the civil court of first instance.
3. Case for Eviction Due to Default
If the tenant does not pay the due rent on time, the landlord gives the tenant 30 (thirty) days to pay the rent, by means of a warning, and declares that the contract will be terminated if he does not pay the rent at the end of the period.
After the warning is sent, an eviction lawsuit can be filed due to default without the need for any further warning. In the eviction lawsuit to be filed, if the due rent is not paid within the 30 (thirty) day period specified in the notice notified to the tenant, an eviction lawsuit can be filed without waiting for the end of the rental period.
In line with the decision rendered as a result of the eviction lawsuit filed due to default, necessary eviction proceedings will be initiated in the enforcement office by means of 'forced enforcement'. Although there is no obligation in these evacuation procedures, the tenant who resists to vacate the rented property can be evicted by force together with a police officer.
Ünal § Partners Legal Team
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