Rent and Eviction Disputes
Eviction, Rent Receivables, Rent Determination and Adjustment Processes in Residential and Commercial Leases
In lease relationships, the ground for eviction, the term of the contract, the notices of the parties and the existing documents directly affect the legal path to be followed.
Canaydın Law Firm provides, for both landlords and tenants, legal assessment of the dispute, the mandatory mediation process required before a lawsuit, planning of lawsuits and related enforcement proceedings, and legal representation during the litigation process.
- Preliminary Review of the Dispute
- Mediation and Lawsuit Process
- Eviction and Rent Receivable Proceedings
Rent and Eviction Disputes
01 — Eviction Based on an Eviction Undertaking
The manner and date in which the eviction undertaking was drawn up, its status after the delivery of the leased property, and other documents are reviewed together to assess whether the lawsuit or enforcement route is applicable.
02 — Eviction Due to Rent Arrears
For unpaid rent, the collection of the receivable and, if the conditions are met, the eviction routes are assessed together.
03 — Eviction Due to Need
Where the landlord, or relatives specified by law, have a genuine and sincere need for a residence or business premises, the conditions of the eviction lawsuit are reviewed on the specific facts of the file.
04 — Eviction Due to the Need of the New Owner
Where a new owner who acquired the leased property later relies on a need for a residence or business premises, the acquisition date, notices and the lawsuit route are assessed together.
05 — Eviction Based on Two Justified Warnings and the Ten-Year Extension Period
- Eviction based on two justified warnings arising from failure to pay the rent on time within one lease year
- Eviction in fixed-term lease agreements based on the conditions set out in the law at the end of the extension periods
06 — Rent Receivables
For unpaid rent and related receivables arising from the contract, the claim and the enforcement route are determined according to the existing documents.
07 — Rent Determination and Adjustment Lawsuits
Because requests for the determination of the rent and requests for the adjustment of the contract due to extraordinary circumstances are subject to different legal conditions, they are assessed separately.
Mandatory Mediation Before a Lawsuit
In disputes arising from a lease relationship, without prejudice to the provisions on eviction through enforcement proceedings without a court judgment, applying to a mediator before filing a lawsuit is a prerequisite for the lawsuit. Depending on the nature of the dispute, the distinction between mediation and the enforcement or lawsuit route is determined at the outset of the file.
What We Do for You
Review of Contracts and Documents
The lease agreement, eviction undertaking, warnings, payment records and other documents are reviewed for legal risks.
Determining the Ground for Eviction
The eviction or receivable ground on which the file can be based and the appropriate legal route are assessed.
Follow-Up of the Mediation Process
In disputes subject to mandatory mediation before a lawsuit, the application and negotiation process is followed up legally.
Lawsuits and Legal Representation
Eviction, rent receivable, rent determination and adjustment lawsuits are prepared and followed up.
How the Process Works
- 01
Review of the File and Documents
The lease relationship, the contract, payment status, warnings and existing evidence are reviewed.
- 02
Determining the Appropriate Legal Route
The ground for eviction and the applicability of mediation, lawsuit or enforcement routes are determined.
- 03
Mediation or Preliminary Procedures
The necessary mediation application, warning or other preliminary procedures are carried out.
- 04
Conducting the Lawsuit or Enforcement Process
Depending on the nature of the file, a lawsuit is filed or the appropriate enforcement process is initiated and followed up.
- 05
Judgment and Eviction / Collection Stage
Depending on the judgment or the result of the proceedings, eviction, collection and the necessary subsequent procedures are carried out.
Pursuit Through Enforcement Proceedings
For enforcement procedures concerning rent receivables, Form No. 13 or an eviction undertaking →
FAQ
Frequently Asked Questions
In which cases can a tenant be evicted?
An eviction undertaking, rent arrears, need, the need of a new owner, two justified warnings and other grounds in the law may form the basis of the eviction process, depending on the circumstances of the file.
Can both a receivable process and an eviction process be pursued for rent arrears?
Under suitable conditions, enforcement or lawsuit routes may be planned together for the collection of the rent receivable and for eviction. Which route of proceedings will be used is determined according to the contract and the status of the debt.