How to Evict a Tenant Who Does not Pay the Rent? 2 December 2019

One of the most encountered problems of rental law in terms of the owners is the evacuation of the tenant who does not pay the rent and the collection of the rent due. The lease agreement is regulated in the Turkish Code of Obligations No. 6098 (“Law”) and in terms of this code and some related codes, there are legal remedies for evacuation of tenants who do not pay their rent.

1. Evacuation of the Tenant by Filing a Eviction Case through Issuing Two Rightful Notice

According to Article 352/2 of Law, if the lessor issues two written rightful notice to the tenant for not paying the rent, the lessor may terminate the lease agreement with a case.

The lessor has the right to file an eviction case against the tenant which has taken two rightful written notice within one year due to the failure to pay the rent or late payment, at the end of the term of the lease.

In order to file an eviction case due to two rightful notice;

• The tenant must give rise to two rightful notice.
• Two notice given during a lease year must belong to two different months.
• The warnings must belong to the due rent receivable.

First way to evacuate the tenant who does not pay rent is, filing an eviction case at the Civil Court of Peace where the property is located by issuing two rightful notice within a lease period as the rent has not been paid.

The eviction case must be filed within one month after the lease period, in which two rightful notices are withdrawn. One month is the period of prescription. In the evacuation by issuing two rightful notice, these notices are sought to be written but not notarized. However, in terms of proof, it will be logical to issue through a notary public. Commencing execution proceedings for unpaid rent amounts are also serve as a notice.

2. Eviction Case due to Default

According to Article 315 of the Law, if the tenant does not pay the due rent or the expense in a timely manner, the lessor can give 30 days (for housing and roofed workplaces)  to the tenant and declare that the agreement will be terminated if the debt is not paid during this period.

It is sufficient to issue a notice in order to file an eviction case due to default. If the tenant does not pay the delayed rent due within 30 days from the date of the notice, an eviction case may be filed due to default without waiting the lease period to end. The eviction decision given as a result of the case is finalized by the enforcement office.

The tenant must be given time to pay the rent due within the notice. In terms of the way forward, the period to be given to the tenant for the notice has importance.

If the tenant is sued for an eviction case based on two rightful notices in the future, for the notice the given period does not matter; two rightful notices is sufficient to prove that the tenant pays at least 2 rents from different months late. However, an eviction case is filed due to default, the tenant should be given at least 30 days in the notice.

3.  Evacuation of the Tenant by Initiating the Execution Proceedings with Eviction Request

The other option for evacuation of tenants who do not pay his rent is to initiate enforcement proceedings with direct evacuation request without filing a case against the tenant. It must be stated that; if the landlords do not demand eviction in the enforcement proceedings that they will initiate for the outstanding rent arrears and only demand the rent debt, they will lose the right to demand eviction in the future. Therefore, lessors should initiate the proceedings by demanding eviction.

In terms of evacuation of tenant, execution proceedings with eviction request is a faster and more practical way than filing an evacuation case. Namely, in the payment order issued to the debtor for the execution proceedings with eviction request, it is stated that,  the debtor may object to the debt within 7 days after receiving the notification of the payment order, if not, the rent must be paid within 30 days otherwise the debtor will be evacuated. If the debtor does not object to the proceedings within a 7-day period, but yet pays his debts including all costs of the proceedings within 30 days, he shall not be evacuated from the immovable. If the debtor objects to the proceedings within 7 days, the execution proceedings will stop.

Türkçe Versiyonu İçin:http://www.kasaroglu.av.tr/tr/Kira-Borcunu-Odemeyen-Kiraci-Nasil-Tahliye-Edilir