In practice, there are two ways to evict rented real estate due to non-payment of rent arrears. The first of these is to make two justified warnings within the rental period: the one that is more laborious and takes a long time than the eviction by enforcement and the one that is within the rental period. In this way, it will be necessary to make a two-time warning for unpaid rents during the rental period. Although there are no qualified form requirements for these warnings, it is important that they be made from a notary in terms of determining their content. Another way, which is more practical, would be to evict the debtor by default by initiating enforcement proceedings with a request for eviction on unpaid rent arrears.
There are two practical benefits to the leased, the evacuation of real estate by execution, that is, due to default. The first of these is that the follow-up initiated on the lease receivable will be considered a warning, in other words, it will be ruled as if the borrower is being warned through the same notary channel, and it will also be possible to withstand the two justified warnings transmitted first. The second practical way is to apply for this way so that the foreclosure path against the receivable can be taken even before the eviction has not yet occurred and the necessary measures will be taken to collect the receivable. An important aspect should not be omitted here. Enforcement agencies and some executive courts are scrupulous about stamp duty. Some executive offices do not initiate enforcement proceedings on workplace rents without depositing stamp duty, and even some executive courts do not make decisions. This issue should be taken into account when starting a follow-up with a request for eviction, especially about rented establishments.
In this way, which is called 7/30 enforcement proceedings in practice, first of all, enforcement proceedings will be initiated in the enforcement office and “if the debt is not paid within 7 days, the lien will be made and if it is not closed together with all the lease debt fer’is within 30 days, the lease agreement will be terminated and the lessor will be evicted” in the payment order for the borrower /tenant. The 7-day period here is the general foreclosure period for non-drug enforcement proceedings. However, the 30-day period is not due to the Enforcement Bankruptcy Code. This period is due to the Turkish Code of Obligations No. 6098.
315 of the Turkish Code of Obligations. Material:
“If the lessee does not fulfill the lease price or the obligation to pay ancillary expenses due after the delivery of the lessor, the lessee may give the lessee a period of time in writing and inform him that if he does not fulfill it during this period, he will terminate the contract.
The period to be granted to the tenant is at least ten days, and for residential and roofed business premises, it is at least thirty days. This period begins to function from the day following the date of written notification to the tenant.”
Here, the borrower must pay all receivables such as the rental price and dues obligations, execution costs within thirty (30) days. If the tenant does not pay all the debt, the lease agreement will be terminated due to default. The thirty (30) day period is envisaged only in residential and roofed establishments. In the case of leases other than these, it will be sufficient to give only ten (10) days for eviction due to default.
An important point here is that the seven (7) day foreclosure period is also the borrower’s appeal period. If the debtor objects to the debt within these (7) days, the follow-up stops. If the appeal is only in the form of an appeal to the debt, that is, the signature has not been challenged, then in this case a case for the removal of the appeal should be filed in the executive court.
Article 269/c of the Executive Bankruptcy Code – (Appendix: 538 – 18.2.1965 / m.110):
“Contractual reject the borrower, but for the payment of the rent or have objected to letting you know if you wanted to swap or istenemiyece for such a reason, the appeal and the reasons for the request or ex officio notary approved or issued by a document or signature by the creditor or the competent authorities that are required to profess the powers of their receipt or within public and is obliged to duly prove that with a female.
In case of denial of the promissory note or receipt by the creditor, the provision of Article 68 shall be applied in comparison.
It is not expected that the execution of the decision of the executive court on the eviction will be finalized. However, for eviction, ten days must elapse from the date of notification or notification of the decision to the debtor. The borrower can take advantage of the provision of Article 36 on the decision to evict.
If the debt has been disputed but no objection has been made to the signature; no more IIK 68. There is a document with a signed confession contained in the article. In this case, the appeal will be dismissed if the debtor/tenant is unable to submit documents that he has paid the debt/rent. In practice, most of them, despite the fact that a written lease agreement has been established, do not resort to the way of removing the objection despite the lease agreements that have not been denied, but to the way of canceling the appeal, which is longer and more costly.
If the 30-day period has expired since the notification of the payment order to the borrower and the entire debt has not yet been paid, in this case the lease agreement will be terminated by the lessor. After that, it will be necessary to file a “case for eviction due to default”, which will be substituted in the Executive Court. Immediately, it should be noted that this case is a detection case, but it also covers the eda provision. That is, the court will only examine whether the conditions of release due to default in this case have been fulfilled. These are briefly: “1- Has a procedural and valid follow-up been initiated and a procedural payment order been notified? 2- Has the payment order been notified and has the debt been fully paid despite the fact that 30 days have passed since?” it is their affair. When these conditions are determined by the court in which they occur, through the enforcement file, an eviction order will be issued. However, the borrower will only be able to rely on documents such as a payment or release that are considered to belong to the creditor by submitting a document with the creditor’s signature stating that the debt has been fully paid and as a result of a court review. It should be noted right away that these documents should be directed to the fact that the debt was completely closed before the expiration of the 30-day period. In other words, if the borrower has not closed all the debt within 30 days from the date of notification of the payment order to himself, the fact that he has paid the debt after this period until the lawsuit is filed and completed will not affect the eviction. Because at the end of the 30-day period, the lease agreement has been terminated under the conditions set by the law, and the lawsuit to be filed is only of a fixed nature.
In practice, an eviction decision is usually made at the first hearing opened after the two issues mentioned above have been evaluated by the court on file. He will be able to be released within 10 days from the date of notification or notification of the decision. In other words, if the eviction decision has been read in the presence of the borrower, that is, the tenant, or against the face of his proxy, after the hearing; if it has been issued in the absence of the borrower or his proxy, it will be able to fulfill it within 10 days after the notification. It is important to deposit the bailiff fee for eviction and make sure that the borrower has a 6-month reserve if he does not have a place to take the items, and to have the transportation ready.
If we briefly list the issues to be considered regarding the leased real estate by execution (eviction due to default): 1 – Stamp duty must be paid at workplaces. 2 – In case there is no need to submit any documents during the follow-up without notice, the lease agreement must be submitted to the file as the basis for enforcement proceedings. The practical meaning of this is IIK 68. to be able to benefit from the procedure in the article. 3 – In the absence of a denial of signature, it must be 269. according to the submission in article 68. The way of removing the objection contained in the article should be resorted to. 4 – If the foreclosure is finalized, a foreclosure must be made, because you may not be able to reach your borrower/tenant for a long time afterwards. 5 – If the decision to evict has been explained to the debtor, that is, it has been given against his face, you can carry out the eviction within 10 days without waiting for the notification, with the decision to be submitted to the enforcement file. 6 – An eviction can be made as soon as the 10-day period after the decision to release is made, and the executive directorate’s statements that must be given for a period of 2 weeks have no legal basis. 7 – When you go to the evacuation, you should definitely have enough money for a 6-month backup storage fee and transportation costs, as well as the evacuation fee will definitely have to be deposited.
