EVICTION LAWSUIT PROCESS

RE-EMPLOYMENT
RE-EMPLOYMENT LAWSUITS
20 July 2021

EVICTION LAWSUIT PROCESS

Eviction lawsuit

One of the methods of terminating residential or roofed workplace lease agreements is filing an eviction lawsuit. In real life scenario, the most common reason for eviction is non-payment or late payment of the rent. Before we talk about the non-payment of the rent in detail, if we talk about the reasons arising from the lessor and the tenant for the eviction lawsuit;

1-)Reasons arising from the lessor;

a-)The need for the lessor to be used as a residence for the lessor, his spouse, descendants, descendants or dependents as per the law.

b-)The need for the lessor to be used as a workplace for the spouse or children of the lessor to personally perform a profession or art.

c-)The need for the new owner of the leased property to be used as a residence or workplace.

d-)The need for reconstruction or zoning of the leased property by the lessor; In this case, it should not be possible to reside in the real estate during construction or zoning for eviction.

2-)The reasons arising from the tenant;

a-)Failure of the tenant to comply with the written eviction commitment

b-)Two justifiable warnings due to the fact that the tenant does not pay the rent

c-)The tenant or his/her spouse has a suitable residence within the borders of the same district or town municipality.

FILING AN EVICTION LAWSUIT IF THE RENT IS NOT PAID

If the tenant does not pay the due rent or ancillary expenses after the delivery of the leased property, the lessor shall give the tenant a period of at least 30 days in writing for the rents of residences and workplaces with a roof, according to Article 315 of the Turkish Code of Obligations. The lessor’s failure to fulfill his rent debt within this period, starting from the day following the date of the written notification, gives the lessor the opportunity to terminate the contract. However, if the lessee makes the payment within at least 30 days, the lessor will not be able to terminate the lease agreement within the scope of this article. If the rent is not paid within the given period, the lease agreement ends with the termination declaration of the lessor, and there is no time limit for the lessor’s right to file a lawsuit in the Enforcement Law courts regarding the return of the leased.

TBK Article 352/2 regulates the filing of an eviction lawsuit if the tenant causes two justified warnings due to non-payment of the rent. Within the scope of this article, if the tenant has caused two justified warnings in writing, because he has not paid the rent within the lease term in lease agreements with a duration of less than one year, and within one rental year or a period exceeding one rental year in rental contracts of one year or more, an eviction lawsuit may be filed. The eviction action must be filed by the lessor in the Sulh Courts within one month, starting from the end of the lease term or the lease year in which the notices are made in the lease agreement for more than one year. In this way, the lease agreement can be terminated. According to the practices of the Court of Supreme Court, a period of thirty days is sought for both justified warnings and it is accepted that if the tenant pays within this period, the payment will not invalidate the warning. Even if tenant pay the rent, the lessor still terminate the contract due to two valid notices.

In practice, what needs to be done in order to get results quickly against the tenant who pays the rent late or does not pay the rent is to initiate an “execution proceeding with an eviction request” and then file an eviction lawsuit at the Enforcement Law Court. The notice to be made to the tenant, which we have mentioned above, does not have to be through the Notary Public. In this way, the initiation of enforcement proceedings is also a warning. If the follow-up path is not specified as foreclosure and eviction, an eviction lawsuit cannot be filed! At this stage, if the rental debt subject to follow-up is related to the workplace, the stamp tax of the rental contract must be paid. In addition, the notice and the 30-day period must be specified in the payment order to be sent.

If the tenant, to whom the payment order is notified, does not object within 7 days and the follow-up becomes final, and also does not make the payment within 30 days from the finalization of the follow-up, an eviction lawsuit can be filed. At the end of the day, a lawsuit should be filed demanding the cancellation of the objection and the eviction. The payment to be made after the 30-day period has expired does not prevent the decision to evacuate!

If the tenant pays the debt within the 30-day period, a justified notice will be given. In the event that the lessee does not make a repayment or delays within a rental year, he/she can be applied for the second justified notice through enforcement proceedings. Although a 30-day period will be given in the payment order sent for the 2nd justified warning, it is no longer important whether the payment is made within the given time or not. The important thing is that the rent is accumulated until the date the payment order reaches the tenant. In this case, even if the payment is made within the given time, it may be possible to apply for eviction due to the two justified warnings we have mentioned above.

Due to the large number of technical details in the case of the evacuation of the rented, it is an issue that requires professional support in order not to waste your time and money. In this regard, it is necessary to be careful. You can always contact our expert team in order to resolve your grievance as soon as possible.