What is the Tenant’s Eviction Process
One of the most common situations that property owners face is the inability to collect the rent for their rented property and the eviction of the tenant. The legal rights of the property owners and the procedures to evict a tenant who does not pay rent are discussed below.
In accordance with Article 13 of The Turkish Code of Obligations, the tenant is obliged to pay the rent on the date or within the date range specified in the rental contract.
A tenant who fails to pay the rent will be in default and legal rights arise for the eviction procedures.
There are three options to apply for the eviction of the tenant who does not pay the rent. Those options are as follows:
1. Filing an Eviction Case Through Issuing Two Valid Notices
The first way to evict the tenant who does not pay the rent is to send two valid notices for not paying the rent within a rental period and after sending two valid notices, to evict the tenant by filing an eviction case before the respective Civil Court where the real estate is located.
In order to file an eviction case on account of two valid notices, the tenant must give rise to two valid notices; two valid notices shall belong to two different months within the rental contract and must belong to the due rents.
The eviction case must be filed within 1 (one) month after the end of the rental period in which two valid notices are issued. The 1 (one) month period is the final term.
It should also be noted that the execution proceeding commenced for the collection of due rent is also a notice.
2. Commencing Execution Proceedings By Eviction ReQuest
Another way to evict a tenant who does not pay the rent is to commence the execution proceeding with eviction request without filing charges against the tenant. Commencing the execution proceedings with eviction request is a faster and more practical way for the eviction of the tenant. The reason for this is that there are too many cases and the trial dates are spread over long periods of time and the decision takes too long. It is important to note that if the property owners do not request eviction in the execution proceeding against the tenant for due rents, they may only request collection of the rental fees and lose the right to demand eviction.
After the execution proceeding with eviction request is commenced, an order of payment is sent to the tenant and it is written that the debtor-tenant may object to the payment order within 7 (seven) days after receiving the notification and that if the debtor does not object, the debtor will pay the rent within 30 (thirty) days, otherwise the debtor will be evicted. If the debtor objects within 7 (seven) days, the execution proceeding will stop, and if the debtor pays the rent within 30 (thirty) days, including all the proceeding costs, the debtor cannot be evicted.
If the tenant does not pay all debts within 30 (thirty) days, including all proceeding costs, a case will be filed at the Enforcement Court for the eviction of the tenant at the end of 30 (thirty) days.
3. Eviction Case Due To Default
If the tenant does not pay the due rent on time, the property owner gives the tenant a period of 30 (thirty) days for the payment of the rent by sending a warning letter and declares that the contract will be terminated if the tenant does not pay the rent at the end of this period.
In the eviction case to be filed, if the due rent is not paid within the period of 30 (thirty) days specified in the warning sent to the tenant, an eviction case may be filed due to default without waiting for the end of the rental period.
Through the decision given as a result of the eviction case filed due to default, the eviction process will start in the execution office through compulsory execution.
4. Proceedings for Eviction After the Court Order
Depending on the type of the case filed, the court may decide whether to withdraw or remove an appeal. The debtor can appeal the decision given. If the request of appeal is rejected, the eviction decision becomes final. Based on the decision issued by the court, the tenant is evicted through compulsory execution by the bailiff and law enforcement.
After the decision of the eviction is finalized, the tenant is notified and given a 15-day period for the eviction process by the bailiff and law enforcement. If the tenant does not evict within 15 days, the attachment proceedings will be initiated through the bailiff; at least one police officer will be in the eviction process as the eviction process will be carried out by force.
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©Hansu Attorney Partnership
Hansu Attorney Partnership provides legal services to local and international clients, particularly in the areas of real estate, corporate, tax, energy and intellectual property law. This article is intended to present recent developments in Turkey and does not constitute legal or professional advice. Readers of this article should contact a lawyer to obtain advice with respect to any particular legal matter.