Eviction of a rented property generally occurs when the lessor must file an eviction lawsuit in the civil court of peace and win this case. An enforcement proceeding is carried out based on a court order. However, in some exceptional cases, the lessor may evacuate the property through enforcement proceedings without a judgment, without filing an eviction lawsuit. These exceptions are cases of non-payment of rent and expiration of the lease.

Eviction Without Judgment Due to Non-Payment of Rent

If the rent is not paid, eviction through non-judicial foreclosure may be pursued. In this scenario, it is not necessary to have a written rental agreement. Article 269 of the Execution and Bankruptcy Law governs this circumstance. According to this article:

Payment Order Notification: The lessor may initiate enforcement proceedings for non-payment of rent. If the debtor does not object to the payment order within seven days or does not expressly reject the lease and their signature on the contract, it is assumed that the tenant has accepted the lease. The objection suspends the enforcement proceedings.

Tenant’s Liability: According to Article 314 of the Turkish Code of Obligations, the tenant is obliged to pay the rent and ancillary expenses at the end of each month. If the tenant does not fulfill this obligation, the lessor may give a period of time in writing and notify that he/she may terminate the contract if payment is not made within this period (TBK Article 315).

Pursuit Without Judgment Due to Lease Expiration

In order to apply for eviction without a judgment due to the expiration of the lease period, the lessor must have a written lease agreement. An eviction commitment must also be included in residential and roofed workplace rentals.

Execution Proceedings and Eviction Order: There are many different types of procedures about evictions; Eviction Case Due to the New Owner’s Need, Mediation and Eviction Agreement in Rental Disputes, Eviction Commitment Letter, Precedent Decision Upholds Tenant-Signed Eviction Undertakings and many more… Each of them can differ considering Turkish Code of Obligations. According to Article 272 of the Enforcement and Bankruptcy Law, the eviction of real estate can be requested by applying to the enforcement office within one month after the lease expires. In this instance, the bailiff orders the tenant to vacate the property within fifteen days. The tenant can raise an objection within seven days; failure to do so obliges them to vacate within 15 days.

Presence of a Third Party in the Real Estate

Article 276 of the Execution and Bankruptcy Law governs the presence of someone other than the tenant in the premises where eviction is sought. If this individual cannot provide official documentation to substantiate their right of occupancy, they will be promptly evicted. However, if this individual asserts that they have been occupying the premises prior to the current situation and this claim is verified by the bailiff, the eviction decision is referred to the court, and a court decision is awaited.

Tenant Eviction Process

The process of evicting a tenant involves quite extensive and technical issues. In case of procedural errors, enforcement proceedings or eviction proceedings initiated for the eviction of the tenant may be rejected and may lead to unnecessary litigation costs.

Precedent Supreme Court Decision

The decision of the 8th Civil Chamber of the Supreme Court of Appeals, numbered 2017/13162 E., 2017/10909 K., discussed in detail the procedures to be followed in cases regarding the eviction of the tenant. According to this decision, it was emphasized that the request for eviction should be included in the follow-up request and that if this is not stated, the enforcement directorate cannot issue an eviction decision.

 

As a result, the eviction of the rented real estate through enforcement without a judgment is possible if certain conditions are met. The procedural and technical details that lessors should pay attention to in this process will ensure that the eviction process proceeds in a healthy and correct manner.

Frequently Asked Questions

Which court is responsible for the eviction of rented immovable properties through enforcement without a judgment?

Procedures regarding the eviction of rented real estate through enforcement without a judgment are carried out in enforcement courts. These courts carry out the eviction process upon the application of the lessor.

Can the rent eviction order be enforced before it becomes final?

The rent eviction decision cannot be enforced until it is finalized. In order to initiate eviction proceedings, the court decision must be finalized.

How long does a non-judicial enforcement eviction case take?

The period for discharge through execution without judgment varies depending on whether the debtor objects or not. In cases where there is no objection, the process may take approximately 1-2 months, but in case of objection, this period may be extended.

How to evict a tenant through enforcement?

Eviction of the tenant through enforcement is carried out by the lessor applying to the enforcement office and initiating proceedings with a request for eviction. If the debtor tenant does not object to the payment order or if the objection is removed, the enforcement office issues an eviction order, allowing the tenant to vacate the property.