If the tenant does not fulfill the obligations imposed on the tenant in the Turkish Code of Obligations, a breach of the lease agreement occurs. In this case, if the eviction decision is made at the end of the lawsuit, the eviction of the immovable may be requested by putting the writ to execution. If the rent is not paid or the lease term expires, the lessor; may request the evacuation of the real estate through the enforcement office. In case the rent is not paid, the lessor may initiate an enforcement proceeding and demand the rent from the tenant and ask for his eviction.
When the lessee does not pay the rent, the lessor can demand the unpaid rent with a payment order, which he will send through the enforcement office. However, if the lessor requests the evacuation of the rented real estate together with the rental fees, as a rule, he should follow the evacuation without a verdict. With the enforcement proceedings to be initiated, both the rental fee and the eviction issue can be requested at the same time.
If the lessee fails to pay the due rent or ancillary expenses after the delivery of the leased property, the lessor may give the lessee a period in writing and notify that he will terminate the contract in case of non-performance within this period. is less than 30 days. This period begins to run from the day following the date of written notification to the tenant. If the tenant, who is a party to the enforcement proceedings, does not pay the rent during these periods, the lessor may request the enforcement court to decide on the eviction of the tenant.
The payment order sent within the execution proceeding can be appealed within 7 days (3 days for lease contracts shorter than 6 months). Payment must be made within 30 days. If no objection is made on time or the rent is not paid within 30 days, the execution proceeding becomes final. Following the finalization, the lessor may request the eviction of the real estate from the enforcement court. The lessor claims the unpaid rent in the lawsuit to be filed, and no eviction can be requested from the court due to non-payment of interest, enforcement expenses, attorney’s fees that are not counted as rental prices within the time period. However, if the apartment common expenses are on the tenant, they can also be requested. In short, in the execution proceedings initiated due to rent receivables, eviction can only be requested if the rent is not paid. If the tenant makes a partial payment and pays the rent after the enforcement proceedings are initiated, he cannot be evicted from the tenure.
The tenant may object to the lease contract, which is in the execution proceeding, after the payment order is received. In order to continue the follow-up after the objection, the lessor must apply to the enforcement court within 6 months and request the removal of the objection. If the lessor misses this period, he cannot request an eviction without a verdict as he will receive the same rent again.
The lease agreement does not need to be in writing in order for the lessor to carry out an eviction or enforcement proceeding without judgment. If the tenant does not expressly and definitively object to the payment order received in due time, he is deemed to have accepted the lease. In this case, no examination is made about the validity of the lease agreement. In case the tenant refuses the lease, the lessor must prove the lease in court for the continuation of the proceedings. The competent court is the magistrate’s court. If there is no written but notarized lease agreement, a lawsuit should be filed in the magistrate’s court. The lessor holding the notarized lease may request the enforcement court to remove the objection.
There is an appeal against the eviction decision. However, the appeal stops the sale, not the proceeding. The appeal decision does not need to be finalized in order for the decision to be enforced. However, if the debtor deposits the 3-month rental fee as collateral, it is decided to postpone the execution. Although it does not need to be finalized by the decision of appeal for its execution, a period of 10 days must elapse after the decision of the enforcement court is given or notified to the tenant.
