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The owner of the property owners in the position of the tenant’s greatest problem faced is the eviction of the tenants and the collection of rent receivables. Legal methods have been determined in the legislation for the eviction of tenants who do not pay the rent, and since these processes generally take a long time, the landlords are victimized. It is possible to resort to execution for the eviction of the tenant who does not pay the rent. In this regard, landlords can initiate an execution procedure with eviction request directly without filing a lawsuit against the tenant who does not pay the rent.
When the rent is not paid on time by the tenant, there are many ways for the lessor to recover the receivable and evict the tenant. Execution proceedings can be initiated for the receivable or a lawsuit for the receivable can be filed. For the eviction of the tenant, the lessor can issue two valid warnings and file an eviction lawsuit in accordance with the general provisions at the Conciliation Law Courts. However, since conducting the eviction of the tenant and the collection of the receivable independently will both prolong the process and increase the cost, in the Execution and Bankruptcy Law, an execution procedure, also known as Execution with Eviction Request Payment Order Sample No-13, has been established to allow the simultaneous execution of both the rent receivable and the tenant’s eviction.
1- Execution Procedure Initiated with Eviction Request
If the tenant debtor does not pay the rent due according to the terms of the contract, the lessor can initiate an execution procedure with eviction request against the tenant and can demand the payment of the rent and eviction through this method. For the eviction of the tenant who does not pay the rent, initiating an execution procedure with eviction request in accordance with the provisions of Article 269 and subsequent articles of the Execution and Bankruptcy Law No. 2004 is the most preferred eviction method in practice due to being a fast and practical way.
Process of Execution Initiated with Eviction Request:
The execution office sends a payment order with eviction request to the tenant for the purpose of payment of the rent amounts. After the notification of this payment order to the tenant, a legal process is followed based on two periods of 7 and 30 days for the tenant.
Firstly, the tenant can either pay the unpaid rent amounts within 7 days from the notification of the payment order or object to the payment order claiming that there is no debt. If no objection is made to the payment order within 7 days, and if the tenant does not pay the total debt subject to execution within 30 days, along with all expenses, the landlord files a lawsuit for the eviction of the tenant at the Execution Law Court. If an objection has been made to the execution follow-up, the request for removal of the objection is also included in the same petition. The difference of this lawsuit from other eviction lawsuits is that it can be concluded with the determination of non-payment of the debt and end in the first hearing, and the hearing date can be set for a close date. In other types of eviction lawsuits, for example, the first hearing date is set for 7 months later, while in eviction lawsuits continuing the execution follow-up, the hearing date can be set for 1 month later.
If the tenant pays the rent within 30 days, including all follow-up expenses, he/she cannot be evicted. However, in case of a subsequent delay, your right to initiate an eviction-requested execution procedure again remains.
In other words, the tenant must either pay the rent for the property or vacate the property within 30 days from the notification of the payment order. At the end of the mentioned periods, if the tenant does not pay the rent and does not object to the payment order, the execution office can evict from the property through a lawsuit to be filed after the specified 30-day period. If no reasoned objection is made, this whole process takes about 4 to 6 months.
In summary; the 7-day period is the objection period, and for the tenant to be evicted from the property, it is necessary for the 30-day period to be completed. If the tenant does not pay the rent during the entire 30-day period and does not vacate the property, a lawsuit will be filed at the Execution Law Court, and the rented property will be evicted by the execution office.
2- Filing an Eviction Lawsuit Due to Default
According to Article 315 of the Turkish Civil Code, it is possible to terminate the lease agreement due to the tenant’s default. If the tenant fails to pay the rent or ancillary expenses due, the lessor may inform the tenant in writing by giving him/her a period within which to pay the debt, and if the debt is not paid within this period, may notify the tenant that the lease agreement will be terminated. The period to be given to the tenant is at least 30 days for commercial lease agreements and at least 10 days for other leases, and this period starts from the day following the date of notification to the tenant.
If the tenant does not pay the overdue rent within the periods given above from the date of notification of the notice, a lawsuit for eviction due to default may be filed against the tenant without waiting for the end of the lease period. The eviction decision given as a result of the lawsuit can be executed through the execution directorate. If the tenant makes the payment within the specified periods mentioned above, the eviction lawsuit cannot be filed. Article 315 of the Turkish Civil Code can be applied to both residential or commercial lease agreements and ordinary lease agreements.
3- Eviction of the Tenant by Issuing Two Valid Warnings and Subsequently Filing an Eviction Lawsuit
According to the second paragraph of Article 352 of the Turkish Civil Code; if the tenant fails to pay the rent or pays it late, causing him/her to be given two valid warnings within one year, the lessor can file an eviction lawsuit against the tenant. In short-term lease agreements of less than one year, if these conditions are met during the lease period, an eviction lawsuit can be filed. (It should be noted that in cases of late payment of the rent by the tenant, it is important that the warning letter is served before the tenant pays the rent.)
In the process, the lessor must first notify the tenant separately in writing about the arrears of rent due for different months. After the notification of these warnings, the lessor can apply to the Conciliation Law Courts where the property is located to file an eviction lawsuit. The eviction lawsuit must be filed within one month from the end of the rental period in which the two valid warnings were sent, and this period is a limitation period. Article 352 of the Turkish Civil Code can only be applied to residential or commercial lease agreements.
Eviction Process and Procedures
Upon objections made during the process, the court may rule on the cancellation of the objection or lifting of the objection depending on the type of lawsuit filed. The debtor can appeal against this judgment. If the debtor’s appeal is also rejected and the rent debt remains below the appeal threshold to the Court of Cassation, the eviction decision becomes final. After the eviction decision becomes final, the property is evacuated through compulsory execution in practice.
After the eviction decision becomes final, the execution directorate gives the tenant a 15-day period to evacuate the property, and if the tenant does not vacate the property within this period, the execution directorate issues a warning stating that the evacuation will be carried out through compulsory execution. If
the tenant does not evacuate the property within the 15-day period, the eviction procedure is carried out accompanied by an execution officer.
Relevant Legal Articles
Turkish Civil Code No. 6098 ARTICLE 315- If the tenant fails to fulfill his/her obligation to pay the rent or ancillary expenses due after the delivery of the leased property, the lessor may inform the tenant in writing by giving him/her a period within which to perform the debt, and if he/she fails to perform within this period, may notify the tenant that the contract will be terminated. The period to be given to the tenant is at least ten days for residential and roofed business leases, and at least thirty days for other leases. This period starts from the day following the date of notification to the tenant.
Turkish Civil Code No. 352/2- In lease agreements shorter than one year, within the lease period; and in lease agreements of one year or longer, within one year or the period exceeding one year from the end of the lease period and the warnings issued, the lessor may terminate the lease agreement by filing a lawsuit within one month.
Execution and Bankruptcy Law No. 2004 Article 269- The follow-up relates to ordinary leases or revenue leases and includes the debtor’s removal from the leased property after the legal notice provided for in Articles 260 and 288 of the Turkish Civil Code and after the statutory period has expired.
