In resolving disputes in rental relations, the mandatory mediation system, as of September 1, 2023, has marked the beginning of a new process for many tenants and lessors. However, with this new regulation, some confusion and uncertainty in practice also emerged. In particular, the issue of enforceability of evacuation agreements has become one of the main problems encountered.

Legal Regulations and Mediation Process

Article 18/B, added to Law No. 6325, makes applying to a mediator a condition of litigation in disputes arising from rental relations. This article states that disputes arising from rental relations must be referred to a mediator before filing a lawsuit. These disputes include:

  • Disputes arising from the rental relationship, excluding the provisions regarding the eviction of rented immovable properties through execution without a judgment in accordance with Law No. 2004.
  • Disputes regarding the distribution of movable and immovable properties and the elimination of partnership.
  • Disputes arising from the Condominium Law No. 634 dated 23/6/1965.
  • Disputes arising from neighbor’s rights.

Enforceability of the Agreement Document and the Annotation Process

If the parties reach an agreement at the end of the mediation process, the agreement document is prepared by taking into account the limitations, procedures and principles in the laws regarding the real estate. However, in order for this agreement document to be considered as a judgment, it is mandatory to obtain an annotation of enforceability. The annotation of enforceability is obtained from the civil court of peace in the place where the real estate is located in terms of agreement documents related to the real estate, and in the place where the mediator works in terms of other agreement documents.

In order to give an annotation of enforceability, the court examines the agreement document and checks the content of the agreement in terms of whether it is suitable for mediation and compulsory enforcement and whether the limitations in the laws regarding real estate are complied with. During this audit process, the court may request information or documents from institutions or organizations and open a hearing when necessary.

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Frequently Asked Questions

Is mediation mandatory in an eviction case to be filed in the enforcement court?

Yes, it is mandatory to apply to a mediator in eviction cases arising from rental relations. According to Law No. 6325, a lawsuit cannot be filed without applying to a mediator.

Does an eviction case interrupt the mediation period?

No, an eviction lawsuit does not interrupt the mediation period. Since there is no specific time limit for mediation, which is not mandatory in lease agreements, the court may postpone the litigation period for 3 months if mediation is applied after the lawsuit is filed. However, if a solution cannot be reached within this period, the court may extend the period for another 3 months.

How to get the enforceability annotation of the mediation agreement minutes?

In order to obtain an enforceability annotation for the agreement document, an application must be made to the Civil Court of Peace, which is the competent and competent court, at the place where the mediator works, with a petition requesting an enforceability annotation. This application must be made to the Civil Court of Peace where the commission on which the mediator serves is located.

Is mediation mandatory in enforcement proceedings with a request for eviction?

No, mediation is not mandatory in enforcement proceedings with a request for evacuation. Mediation is not accepted as a condition of litigation in enforcement proceedings without a judgment requesting the eviction of the rented property. In enforcement proceedings against the tenant, the tenant’s objection to the enforcement proceedings is within the jurisdiction of the Enforcement Courts.

Is mediation mandatory in eviction proceedings after enforcement proceedings?

No, mediation is not mandatory in a post-enforcement eviction case. Mandatory mediation, which is a condition of litigation in rental disputes, has been exempted from the provisions regarding the eviction of rented real estate through enforcement without a judgment in accordance with Law No. 2004.

 

If you have a dispute in your rental relations or need more information on this issue, you can get support from Alfalaw. Remember, accurate information and professional help are the most effective ways to solve problems. Contact us immediately.

 

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