An Eviction Case Cannot be Filed Before the 30-Day Pay Period Expires – Supreme Court Decision

T.C.COURT OF CASSATION 6. IT’S THE LAW DEPARTMENT. 2014/9221K. 2014/9629T. 11.9.2014

THE REQUEST FOR THE EVACUATION OF THE RENTED REAL ESTATE BY THE EXECUTIVE COURT (Lien and Eviction) Initiated by the Enforcement Proceedings has been Notified to the Debtor and the Case has been Opened Without Waiting for the Thirty–Day Pay Period – I.I.K.269/1 of Art. 6098 P., Which Must Be Implemented By Sending T.B.K.315th. Md. In Accordance with the Refusal of the Eviction Request Made Before the Expiration of the Thirty-Day Pay Period)
WAITING FOR THE PAY PERIOD (Eviction of the Leased Real Estate by the Executive Court – I.I.K.269/1 of Art. 6098 P., Which Must Be Implemented By Sending T.B.K.315th. Md. In Accordance with Which the Eviction Request Made Before the Thirty-Day Pay Period Expires will be Rejected / The Debtor Will be Notified of the Follow-up and the Case Will Be Opened Without Waiting for the Thirty-Day Pay Period)
REQUEST TO REMOVE THE OBJECTION (Eviction of the Rented Real Estate By the Executive Court – It Was Decided That the Rental Money Will Be Paid In Advance Between 1 And 5 of Each Month In the Rental Agreement / The Rent Is Not Yet Decisible On the 4th Of the Month With a Follow–Up Date – The Rental Money Will Be Tracked This Month and the Court’s Objection Is Not Correct to Remove the Rental Price This Month)
2004/m.269/1

6098/m.315

SUMMARY : The case concerns the removal of the appeal and the request for the eviction of the lessor. Thirty-day pay period arranged by the plaintiff for the reason of enforcement proceedings initiated as a lien and eviction request, the pay order was notified to the defendant debtor, and the case was opened without waiting for the thirty-day pay period. IIK.article 269/1 of the Turkish Code of Obligations No. 6098, which must be applied by sending Article 315.in accordance with the article, it is necessary to decide on the rejection of the eviction request made before the expiration of the thirty-day pay period, while it is not correct to issue an eviction order by the court. In addition, since the written lease agreement based on the case was also agreed by the parties that the monthly rent money will be paid in advance between 1 and 5 of each month, since the rent is not yet available on the 4th of the month with a follow-up date, it is also not correct to monitor the rental money this month and Dec the appeal by the court over the rental price this month.

CASE: The above written decision, the date and number of which was given by the executive court, was appealed by the defendant within the time limit, but all the papers in the file were read and discussed and considered as necessary:

DECISION : The case concerns the removal of the appeal and the request for the release of the lessor. The court decided to accept the case, the decision was appealed by the defendant.

The thirty-day pay period arranged by the plaintiff for the reason of enforcement proceedings initiated as a lien and eviction request, the pay order was notified to the defendant debtor on 12/03/2014, and the case was filed on 11/04/2014 without waiting for the thirty-day pay period.

IIK.article 269/1 of the Turkish Code of Obligations No. 6098, which must be applied by sending Article 315. according to the article, it is necessary to decide on the rejection of the eviction request made before the expiration of the thirty-day pay period, while it is not correct to issue an eviction decision by the court on written grounds. Also the rent of the monthly rent each month, 1 case basis in writing and 5% shall be payable in advance by the parties, it is agreed between that since March 2014 on the following date 04/03/2014 month of rent for the month of March 2014 yet, you may be asked if this is the case by the court of Appeal and the pursuit of the rent be subject to removal from this month’s rent is also not true.

The decision must be overturned for these reasons.

CONCLUSION : HMK No. 6100 with the adoption of appeals for the reasons described above.or temporary 3, which was added by Law No. 6217.according to the provisions of the article, HUMK.428 and IIK.of 366.in accordance with the article, it was unanimously decided to OVERTURN the decision, return the appeal fee received in advance upon request to the appellant on 11.09.2014.

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