One of the common reasons for eviction in practice is eviction due to default by the tenant (Example No: 13). This procedure is arranged for the eviction of tenants who do not pay rent and the collection of unpaid rent.
Essentially, if the tenant defaults on paying the rent, the landlord, as a creditor for the rent receivable, can initiate a non-judicial enforcement proceeding against the tenant through general distraint. However, in this case, only the collection of the rent will be achieved. If the landlord also wishes to evict the tenant due to unpaid rent, they can apply for eviction without judgment based on this reason, as provided in Articles 269-269/d of the Enforcement and Bankruptcy Law.
The enforcement procedure in the eviction without judgment due to non-payment of rent parallels the enforcement procedure through general distraint. This process begins with a request for enforcement, upon which a payment order is issued to be sent to the tenant-debtor. The enforcement becomes final depending on whether an objection is raised against the payment order or not. Subsequently, the stages of distraint, sale, and payment of funds follow.
However, it is important to note that after the enforcement becomes final in this process, the eviction procedure is also carried out simultaneously with the distraint executed for the collection of the monetary claim. The eviction and rent collection procedures are conducted concurrently.
For a request for eviction through this method, the existence of a written lease agreement and its attachment to the enforcement request is not mandatory, but having a written lease agreement will be beneficial for evidentiary purposes.
Preparation of Enforcement Request
In this enforcement procedure, the enforcement request is parallel to the enforcement procedure through general seizure. As stated in Article 58 of the Execution and Bankruptcy Law, the enforcement request (example no: 1) is filled out and submitted to the enforcement office. If there are multiple lessors in the enforcement request, each of them, as well as multiple tenants as debtors, must all be indicated in the relevant enforcement request.
The outstanding rent amounts that are due should be specified as the receivable. The rental relationship and, if available, the written lease agreement are indicated as the basis of the debt. The lessor may make two different claims through this enforcement procedure. The first is the eviction of the tenant from the leased property and the payment of the due rent. In this sense, the lessor combines the eviction request with the enforcement request through general seizure.
As noted above, a written lease agreement is not required to request eviction and collection of rent through this enforcement procedure. However, to benefit during the objection stages of the enforcement and for ease of proof, if a written lease agreement exists, it should be attached to the enforcement request.
Payment Order
The next step after preparing the enforcement request is for the enforcement office to send a payment order to the tenant. However, unlike the payment order issued in general enforcement procedures, this payment order also includes a request for eviction.
Accordingly, the tenant is notified to pay the debt subject to the enforcement within the time periods stipulated in the Turkish Code of Obligations: 10 days for ordinary rents, 30 days for residential and covered workplace rents, and 60 days for product leases. If the tenant has any objections to part or all of the debt or to the enforcement initiated by the creditor, they may file an objection with reasons within 7 days from the date of notification of the payment order. If the tenant-debtor does not object within the 7-day period or fails to pay the rent debt within the specified time depending on the type of lease, the landlord is informed that they may request eviction and attachment for unpaid rents from the enforcement court.
Ödeme emrine itiraz edilmemesi ya da yapılan itirazın hükümden düşürülmesi halinde takip kesinleşir. Kesinleşen takip üzerine borçlu kira ilişkisine dayanan borcunu ödemek isterse konut ve çatılı işyerlerinde 30 gün , diğer kira sözleşmeleri için 10 gün ve ürün kiralarında ise 60 günlük ödeme süresi düzenlenmiştir.
If the tenant has unpaid rent or additional expense debts for residential or workplace leases and fails to make the payment within the relevant 30-day period, or even if payment is made after the 30-day period, the landlord has the right to file an eviction lawsuit and evict the tenant due to non-payment within the designated time.
If the tenant does not pay the debt arising from the lease relationship within the legally prescribed payment periods, the creditor—i.e., the landlord—may request the enforcement office to place a lien on the debtor’s existing assets. Additionally, for the eviction of a tenant who has not objected to the payment order or whose objection has been dismissed, an eviction request must be filed with the enforcement court within 6 months after the expiration of the legal notification period. Thus, both attachment and eviction requests will be made. Without an existing decision from the enforcement court, the enforcement office does not have the authority to carry out the eviction.
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