EXECUTION PROCEEDINGS FOR RENT RECEIVABLE AND EVICTION OF THE LEASED IMMOVABLE BY WAY OF EXECUTIONThe biggest problem faced by landlords who rent out any of their immovable properties is that the tenants do not pay their rents and do not evacuate the leased property. The lease agreement is regulated in the Turkish Code of Obligations and articles are regulated to solve the problems between the lessee and the lessor. First of all, the lease agreement does not have to be made in writing or subject to a certain form requirement. It can also be made verbally. However, it is important to make it in writing in terms of proof. According to Article 13 of the Turkish Code of Obligations, the tenant is obliged to pay the rent. If the tenant does not pay the rent on time, he/she is in default and can be evicted after following a certain procedure.
ENFORCEMENT PROCEEDINGS FOR RENT RECEIVABLE
If the lessee fails to pay the rent, the lessor may demand the unpaid rent amounts through the execution office with a payment order (Example-13), which includes the performance of the money debt. However, if the lessor demands the evacuation of the leased immovable together with the rental fees, as a rule, he/she should initiate an eviction proceeding without a writ. With the enforcement proceeding to be initiated, both the rental fee and the eviction can be requested at the same time.
If the lessee does not fulfill his/her obligation to pay the rent or ancillary expenses due after the delivery of the leased property, the lessor may give the lessee a written deadline and notify the lessee that he/she will terminate the contract in case of non-performance within this period. The period to be given to the lessee is at least ten days, and at least thirty days for residential and roofed workplace leases. This period starts to run from the day following the date of written notification to the lessee. As it is understood from these regulations in the Law, eviction proceedings without judgment include specially specified notice periods, unlike the general proceedings through attachment with judgment. If the tenant, against whom enforcement proceedings have been initiated, does not pay the rent within these periods, the lessor may request the enforcement court to decide on the eviction of the tenant.
WHAT HAPPENS IF THE ENFORCEMENT PROCEEDING IS OBJECTED?
The payment order sent within the enforcement proceedings can be objected within 7 days (3 days for lease agreements shorter than 6 months). Payment must be made within 30 days. If no objection is made in due time or if the rent is not paid within 30 days, the enforcement proceeding becomes final. After finalization, the lessor may request the evacuation of the immovable from the enforcement court. The lawsuit to be filed by the lessor is filed due to unpaid rents, and eviction cannot be requested from the court due to non-payment of interest, execution expenses, attorney’s fees, which are not counted among the rental fees within the periods. However, if the common expenses of the apartment building are on the tenant, these can also be requested. In other words, eviction within the enforcement proceedings initiated due to rent receivables can only be requested if the rent is not paid. If the tenant makes a partial payment after the enforcement proceedings are initiated and pays the rent, he cannot be evicted from the immovable property.
The tenant may object to the lease agreement in the enforcement proceedings after the payment order is received. The enforcement proceeding stops with the objection made within the time limit. In order to continue the enforcement proceedings, the lessor must apply to the enforcement court within 6 months and request the removal of the objection. If the lessor misses this period, he/she cannot request eviction without writ for the same rent receivable. As can be seen, the time period is very important in enforcement proceedings.
MUST THE LEASE AGREEMENT BE IN WRITING FOR THE LESSOR TO FILE AN ENFORCEMENT PROCEEDING?
The lease agreement does not need to be in writing for the lessor to file an eviction proceeding or enforcement proceeding without a writ. If the tenant does not explicitly and unequivocally object to the payment order within the time limit, he/she is deemed to have accepted the lease agreement. In this case, no examination is made about the validity of the lease agreement. In case the lessee rejects the lease agreement, the lessor must prove the lease agreement in court for the continuation of the proceedings. The competent court is the civil court of peace. If there is no written but notarized lease agreement, a lawsuit should be filed in the civil court of peace. The lessor, who has the notarized lease agreement, may ask the enforcement court to lift the objection.
The eviction decision can be appealed. However, the appeal stops the sale, not the proceedings. The appeal decision does not need to be finalized for the decision to be executed. Even if the debtor deposits 3 months’ rent as collateral, a decision to defer execution is made. Although it does not need to be finalized with the appeal decision for enforcement, a period of 10 days must pass from the notification or notification of the decision of the enforcement court to the tenant. At the end of this period, the lessor submits the decision to the enforcement office, deposits the eviction fee and the seizure fee and requests the tenant to be forcibly removed from the immovable. In practice, another 10-day period is given to vacate the immovable before eviction.
You can access our other article examples and petition examples by clicking