A tenant’s failure to pay rent can cause financial difficulties and legal processes for landlords. However, tenant eviction according to the Turkish Code of Obligations and the Enforcement and Bankruptcy Law is carried out by following certain steps. In this article, we discuss in detail the legal ways to evict a tenant who doesn’t pay rent, the process of sending a notice, and the procedures for filing an eviction lawsuit and eviction through enforcement. You can find the steps to be followed for tenant eviction and the notice procedure in this article.
Ways for landlords to collect rent receivables and initiate the eviction process are in this article.
Note: Eviction proceedings without a court judgment is a fast method that can be applied in case of non-payment of rent. However, tenant eviction can be requested not only due to non-payment of rent, but also due to other situations among Legal Reasons for Tenant Eviction. You can access detailed information on this subject from our article titled Legal Reasons for Tenant Eviction.
Turkish Code of Obligations Relevant Articles
If the tenant defaults on paying the rent or ancillary costs, the landlord must give the tenant at least 30 days notice in writing to pay the debt. If payment is not made within this period, the landlord can terminate the contract.
The relevant article is regulated as follows.
TCO Article 315:
“If the tenant does not fulfill the obligation to pay the rent or ancillary cost that becomes due after the delivery of the rented property, the landlord may give the tenant a period in writing and notify that if the tenant does not perform during this period, the contract will be terminated.
The period to be given to the tenant is at least ten days, and at least thirty days for residential and roofed workplace rentals. This period starts to run from the day following the date on which the written notification is made to the tenant.”
TCO Article 352/2:
“If the tenant, in rental agreements shorter than one year, during the rental period; in rental agreements of one year or longer, within one rental year or a period exceeding one rental year, has caused two justified warnings in writing to be made to them for not paying the rent, the landlord may terminate the rental agreement by lawsuit within one month from the end of the rental period and, in rentals longer than one year, from the end of the rental year in which the warnings were made.”
What to Do When the Tenant Doesn’t Pay Rent?
Landlords facing a tenant who doesn’t pay rent should first initiate the legal process. Here are the steps to follow:
Process of Sending a Notice to the Tenant
A notice is sent to the tenant who doesn’t pay rent through a notary or in writing, requesting payment of the debt.
- Purpose of the Notice: To remind the tenant of the debt and give them time to pay.
- Notice Period: According to the Turkish Code of Obligations, the tenant must be given a 30-day period to pay the debt with the notice.
You can start the eviction process by sending a notice to the tenant who doesn’t pay rent.
Note: If the notice is sent through a notary, it creates a stronger basis in terms of legal validity.
Sample Notice to Tenant Who Doesn’t Pay Rent
NOTICE
Sender:
[Landlord’s Name Surname / Title]
[Address]
[Phone]
[ID Number / Tax Number]
Recipient:
[Tenant’s Name Surname / Title]
[Address]
Subject: Notice Due to Non-Payment of Rent
Dear [Tenant’s Name Surname / Title],
You are residing as a tenant at [Address or Description of Property] pursuant to the rental agreement signed with you on [Date of Rental Agreement]. According to this agreement, the monthly rent is determined as [Rent Amount and Payment Day].
However, it has been determined that you have not paid the rent for the periods specified below:
- [Unpaid Rent Month and Year]
This situation causes default pursuant to Article 315 of the Turkish Code of Obligations. With this notice, I hereby notify you to pay your total rent debt of [Unpaid Rent Amount] to me within 30 days from the date of the notice.
If you do not pay your entire debt within the 30-day period, the contract will be terminated and eviction proceedings will be initiated by legal means.
You are required to pay your rent to the following account number:
[Account Information]
Notice Fee: The notary expenses and other legal costs arising from this notice belong to you and must be paid within the specified period.
I request the necessary action.
Respectfully,
[Landlord’s Name Surname / Title]
[Signature]
Payment Period and Rights Granted to the Tenant
After the notice is sent, a certain period is given for the tenant to make payment:
- 30-Day Payment Period: According to the law, the tenant must pay the debt within 30 days from the date of the notice.
- Two Justified Warnings Rule: Sending two separate notices within one rental period creates a strong reason for the landlord to file an eviction lawsuit.
Example Situation: Tenants whose rent payment is delayed twice within one year and who are sent a notice in both cases may face an eviction lawsuit.
How to File an Eviction Lawsuit?
The legal procedures to be followed for the eviction of a tenant who doesn’t pay rent are as follows:
- Application to the Civil Court of Peace: The landlord must file the eviction lawsuit in the civil court of peace where the tenant is located.
- Required Documents:
- Rental agreement
- Notary notice samples
- Documents showing unpaid rent debts
- Eviction Lawsuit Process: The court process can be accelerated by presenting the documents completely.
Legal Procedures for Tenant Eviction
Legal procedures to be considered during the eviction process:
- Communicating with the tenant and evaluating reconciliation methods can speed up the process.
- Before filing a lawsuit, the rental agreement provisions should be examined in detail.
- Getting professional legal support helps the process to proceed quickly and without errors.
Important Notes on Tenant Rights
- If the tenant pays the rent within 30 days after receiving the default notice, the eviction process does not take place.
- In case of two justified warnings, for the lawsuit to be filed, the warnings must have been sent by notary, registered mail, or PTT.
Eviction Process with Enforcement Proceedings: Fast Results
In case the tenant doesn’t pay the rent, the landlord can initiate eviction proceedings without a court judgment. This method is regulated within the framework of Article 269 of the Enforcement and Bankruptcy Law (EBL) and offers landlords an eviction method that can yield faster results. Here are the details of the eviction process with enforcement proceedings:
1. What is Eviction Proceedings Without a Court Judgment?
Eviction proceedings without a court judgment is an eviction method initiated directly through the enforcement office, without applying to the court, in case the tenant doesn’t pay rent. This method is faster and more practical than the processes of sending a notice through a notary and then filing an eviction lawsuit in the civil court of peace. In eviction proceedings without a court judgment, a payment order is sent to the tenant and 7 days are given to pay the debt. If the tenant doesn’t pay the debt within this period or doesn’t object, an eviction lawsuit is filed in the enforcement court after 30 days and an eviction decision is obtained. Thus, the landlord has the opportunity to evict the property in a shorter time by avoiding the long waiting periods required by the notary and court process.
2. Enforcement and Bankruptcy Law Relevant Articles
EBL Article 269:
“If the proceedings relate to ordinary rentals or revenue rentals and the creditor also requests, the payment order includes the warning specified in Articles 260 and 288 of the Code of Obligations and the notification that after the legal period has passed, the eviction of the debtor from the rented property can be requested from the enforcement court.
Upon this notification, the debtor is obliged to notify the enforcement office of the reasons for objection within seven days, within the provisions of Article 62. If the debtor does not clearly and definitely deny the rental agreement and, if any, the signature on the contract in the objection, the debtor is deemed to have accepted the contract.
The objection stops the proceedings. The creditor who does not request the removal of the objection within six months from the date of notification of the objection cannot pursue the same receivable again by way of enforcement without a court judgment.
In cases where Article 260 of the Code of Obligations allows the landlord to terminate the contract at the end of the six-day period, the objection period is three days.”
EBL Article 269/a:
“If the debtor does not object and does not pay the rent debt within the warning period, upon the creditor’s request within six months following the end date of the warning period, the enforcement court decides on eviction.”
EBL Article 269/b:
“If the debtor denies the rental agreement and, if any, the signature attributed to them in the contract in the objection, the creditor, if relying on a contract prepared ex officio by a notary or whose signature has been certified, may request from the enforcement court the removal of the objection and the eviction of the rented property due to non-payment of money within the warning period.
The debtor’s counter-claims and defenses regarding the contract and its terms must be documented with documents of the same force and nature.
The debtor who denies the contract is bound by this reason for objection. After it is determined that the objection is not valid, no defense such as payment, set-off, or other can be made.
If the creditor is obliged to file a lawsuit under general provisions because the proceedings are not based on the documents written above, the payment order with warning replaces the warning specified in Articles 260 and 288 of the Code of Obligations.
If the creditor is obliged to file a lawsuit in the general court due to the denial of the signature in the rental agreement and receives a decision in favor, the debtor is also sentenced to a fine of between one hundred thousand liras and five hundred thousand liras.”
EBL Article 269/c:
“If the debtor does not deny the contract but objects by stating that the rent has been paid or cannot be requested for another reason or requests set-off, the debtor is obliged to prove the reasons for objection and the request with a document prepared ex officio by a notary or whose signature has been certified or acknowledged by the creditor, or a receipt or document given by official offices or authorized authorities within their authority and in accordance with the procedure.
In case of denial of the deed or receipt by the creditor, the provision of Article 68 is applied by analogy.
The enforcement court’s decision on eviction is not awaited for finalization. However, for eviction, ten days must pass from the date of notification or communication of the decision to the debtor. The debtor can benefit from the provision of Article 36 regarding the eviction decision.”
3. Documents Required for Eviction Proceedings Without a Court Judgment
The following documents are needed to initiate enforcement proceedings:
- Rental agreement (original or notarized copy): Required to prove the rental relationship.
- Identification information: Identification information and contact addresses of the landlord and tenant.
- Rent debt statement: A document showing the unpaid rent periods and total debt.
4. Process of Initiating Enforcement Proceedings
Steps to be followed to initiate eviction proceedings without a court judgment:
1. Application to the Enforcement Office:
The landlord applies to the enforcement office where the property is located with a request for eviction without a court judgment. The rental agreement and other documents are submitted during the application.
2. Preparation of the Proceedings Request:
A payment order is prepared by the enforcement office. This payment order is served on the tenant and payment of the debt is requested.
3. Period Granted to the Tenant:
The tenant has 7 days to make payment or object to the debt. If payment is not made or no objection is made, an application is made to the enforcement court with a request for eviction after 30 days. If the debtor has objected, an application is made to the enforcement court again after 30 days with a request for “removal of objection and eviction”.
4. Tenant’s Failure to Make Payment
If the tenant doesn’t pay the debt within the 7-day period or doesn’t make any objection:
- The landlord can request an eviction order from the enforcement office.
- The eviction order is prepared by the enforcement office and served on the tenant.
- If the tenant doesn’t vacate the property despite the eviction order, forced eviction is carried out.
5. Tenant’s Objection to the Debt
If the tenant claims that there is no debt:
- The objection is submitted to the enforcement office.
- The landlord can apply to the enforcement court for the removal of the objection.
- If the objection is removed, the eviction process continues.
5. How is the Eviction Process Carried Out?
After the eviction order becomes final, the evacuation of the property is carried out as follows:
- Forced eviction by the enforcement office:
The enforcement office determines a date to carry out the eviction process. - Eviction with official record:
During eviction, the items in the property are moved to a warehouse or safe area.
6. Advantages of Eviction Proceedings Without a Court Judgment
- A fast process: Saves time as it doesn’t require a court decision.
- Direct eviction request: In case the tenant doesn’t pay the debt, the eviction process can be done without going to court.
- Prevention of additional costs: Lawsuit costs are reduced due to the absence of a Civil Court of Peace process.
Why Should You Choose Us?
- We Offer Fast and Effective Solutions:
We quickly solve your tenant problems with practical methods such as eviction proceedings without a court judgment, making your property ready for use again. We know how valuable time is in legal processes and act accordingly. - Experience and Expertise:
With our years of experience in rental law and enforcement law, we provide professional support at every step. We offer expert approach in all stages of the process, from the details of contracts to enforcement office procedures. - Customized Solutions for You:
Every client’s situation is different. Therefore, we develop personalized legal strategies tailored to your needs and goals. - We Are With You at All Stages of the Process:
We are with you in all processes such as preparing a notice, initiating enforcement proceedings, and eviction procedures, and we follow every step on your behalf. We also provide professional support in the transition to the court process when necessary. - Transparent Communication and Accessibility:
We manage the process transparently by sharing every step with you. We always give clear and understandable answers to your questions and take into account the feedback we receive from you. - Ankara-Based Advantages:
Our office located in Ankara conducts the process faster and more effectively thanks to its strong communication with local enforcement offices and courts. - Satisfaction-Oriented Approach:
We always prioritize the satisfaction of our clients and work to meet your expectations and ensure that you achieve the best result at the end of the process.
For detailed information about disputes between tenants and landlords, rental agreements, and eviction lawsuits, you can review our Ankara Rental Law and Eviction Lawyer page.
