Eviction of the Rented Real Estate by Execution (Eviction Due to Default)

There are two ways to evict the rented real estate due to non-payment of rent payables in practice. The first of these, and more troublesome than eviction by execution, and a long time area: it is to make two justified warnings within a lease period. In this way, it will be necessary to pay warnings twice for unpaid rents during the rental period. Although these warnings do not have any qualified form requirements, it is important to make them from a notary in terms of determining their content. Another way, which is more practical, would be to evict the debtor by paying default by initiating enforcement proceedings with an eviction request on unpaid rent arrears.

The eviction of the rented, immovable property through execution, that is, due to default, has two practical benefits. The first of these is that the follow-up initiated regarding the rent receivable will be considered a warning, in other words, it will give rise to a provision as if a warning were being withdrawn from the debtor tenant through the same notary channel, and the possibility of relying on the two rightful warnings transferred first will also arise. The second practical way is to apply for this path so that the foreclosure can be taken against the receivable even before the eviction has yet taken place and the necessary measures will be applied for the collection of the receivable. An important aspect should not be omitted here. Enforcement agencies and some enforcement courts are scrupulous about stamp duty. Some enforcement offices do not initiate enforcement proceedings in workplace rents without paying stamp duty, and even some enforcement courts do not make decisions. Especially about rented workplaces, this issue should be paid attention to when initiating follow-up with an eviction request.

7/30 called in this way in practice, enforcement proceedings, enforcement proceedings will be initiated first in the Executive Office and the debtor/lessee in the payment order “within 7 days will be held within 30 days if the lien fails to pay the debt and rent arrears all individual types of loans along with the lease agreement and to be close if not fesholund evacuation” will be a reminder. The 7-day period here is the general foreclosure period in execution proceedings without notice. However, the 30-day period is not caused by the Enforcement and Bankruptcy Code. This period is due to the Turkish Code of Obligations No. 6098.

Turkish Code of Obligations 315. Material:

“If the tenant does not fulfill the obligation to pay the rental price or ancillary expenses due after the delivery of the leased, the lessor may give the tenant a deadline in writing and inform him that he will terminate the contract in case of non-fulfillment within this period.

The period to be given to the tenant is at least ten days, and for residential and roofed workplace rentals, it is at least thirty days. This period begins to operate from the day following the date of written notification to the tenant.”

Here, the debtor must pay all receivables such as the rental fee and the dues obligations falling on it, execution costs within thirty (30) days. If the tenant does not pay the entire debt, the lease agreement will end due to default. The thirty (30) day period is stipulated only in residential and roofed workplaces. In the case of tenants other than these, it will be sufficient to give only ten (10) days for eviction due to default.

An important point here is that the seven (7) day foreclosure period is also the debtor’s appeal period. If the debtor objects to the debt within these (7) days, the follow-up stops. If the objection is only in the form of an objection to the debt, that is, if the signature has not been challenged, in this case, a lawsuit for the cancellation of the objection should be filed in the enforcement court.

Enforcement and Bankruptcy Code Article 269 / c – (October: 538 – 18.2.1965 / m.110):

“Contractual reject the borrower, but for the payment of the rent or have objected to letting you know if you wanted to swap or istenemiyece for such a reason, the appeal and the reasons for the request or ex officio notary approved or issued by a document or signature by the creditor or the competent authorities that are required to profess the powers of their receipt or within public and is obliged to duly prove that with a female.

In case of denial of the promissory note or receipt by the creditor, the provision of Article 68 is applied by comparison.

It is not expected that the execution court’s decision on the release will be finalized for execution. However, for eviction, ten days must pass from the date of completion or notification of the decision to the debtor. The debtor may benefit from the provision of Article 36 on the evacuation decision.

If the debt has been objected to but no objection has been made to the signature; IIK is now 68. There is a document whose signature is accepted in the article. In this case, if the borrower/tenant fails to submit documents stating that he has paid the debt / rent, the objection will be removed. In practice, most of them resort to the cancellation of the objection, which is more lengthy and costly, rather than to the cancellation of the objection, despite the fact that a written lease agreement has been established, despite the lease agreements whose signature is not denied, but to the cancellation of the objection.

If the 30-day period has expired from the notification of the pay order to the debtor and the entire debt has not yet been paid, in this case the lease agreement will be terminated by the lessor. After that, it will be necessary to file a “case for eviction due to default”, which will be substituted at the Enforcement Court. Immediately, it should be noted that this case is a determination case, but it also covers the EDA provision. That is, the court will only examine whether the terms of release due to default have been fulfilled in this case. These are briefly: “1- Has a procedural and valid follow-up been initiated and has a procedural pay order been notified? 2- Has the payment order been notified and has the debt been fully repaid even though 30 days have passed since? Pay the pay order has been notified and the debt has been paid in full?” they are matters. The court in which these conditions are realized will make an eviction decision when it is determined through the execution file. However, the debtor will only be able to rely on documents such as paying or releasing the debt by submitting a document with the creditor’s signature stating that the debt has been paid in full and the court has concluded that it belongs to the creditor as a result of its examination. It should be noted immediately that these documents should be directed to the fact that the debt is completely closed before the expiration of the 30-day period. In other words, if the debtor has not paid off the entire debt within 30 days from the notification of the payment order to himself, the fact that he paid the debt after this period until the lawsuit is filed and completed will not affect the discharge. Because at the end of the 30-day period, the lease agreement has been terminated under the conditions determined by the law, and the lawsuit to be filed is only in the nature of determination.

In practice, after the two issues mentioned above have been evaluated by the court on the file, an eviction decision is usually made at the first hearing. He will be able to be released within 10 days from the date of completion or notification of the decision. In other words, the eviction decision; If it was read in the presence of the debtor, that is, the tenant, or against the face of his proxy, after the hearing; if it was given in the absence of the debtor or his proxy, he will be able to fulfill it after 10 days after the notification. The payment of the executive eviction fee for the eviction and if the borrower has no place to take the items, the 6-month deposit fee and the preparation of the transportation are important issues.

If we briefly consider the issues that need to be taken into account regarding the leased real estate through execution (eviction due to default): 1 – Stamp duty must be paid at workplaces. 2 – In spite of the fact that there is no need to submit any documents in the proceedings without notice, the lease agreement must be submitted to the file as the basis for the enforcement proceedings. The practical meaning of this is IIK 68. to be able to benefit from the procedure in the matter. 3 – In case of no denial of signature, it must be 269. by reference to article 68. The way to remove the objection contained in the article should be applied. 4 – If the foreclosure is finalized, the foreclosure must be made, because you may not be able to reach your borrower / tenant for a long time afterwards. 5 – If the eviction decision has been made against the debtor, that is, against his face, you can carry out the eviction with the decision to be submitted to the enforcement file within 10 days without waiting for the notification. 6 – Evacuation can be carried out as soon as the 10-day period requirement expires after the decision on evacuation is made, the statements of the enforcement directorate that a 2-week period should be given have no legal basis. 7 – When you go to the evacuation, you should definitely have enough money with you for the 6-month deposit fee and transportation costs, and the evacuation fee will definitely need to be deposited.

You can read our articles and petition examples by clicking here.