The question of how to evict a tenant who does not pay rent has remained on the agenda due to increasing economic hardship. Although a lease is designed as an agreement that imposes a debt on both parties, failure of both parties to honor their debts is one of the main causes of disputes in this regard. Tenants sometimes fail to implement the increase percentage specified in the contract, and sometimes they make incorrect increases. At this point, due to non-payment of rent in full, the eviction of the tenant who does not pay rent becomes the subject of eviction lawsuits. In this article, we’ll discuss tenant default, grounds for eviction for non-payment of rent, delve into how to evict a tenant who doesn’t pay rent, and finally answer frequently asked questions.
Default tenant
The day on which the rent will be paid is determined by the provisions of the contract. Whether or not the tenant has paid the debt, in other words, whether he has defaulted, will be determined on the basis of payday. If there is no agreement regarding a payday in the rental contract, the debt must be paid at the end of each month and at the latest by the end of the rental period. Article 315 of the Turkish Civil Code considers non-payment of rent to be a default on the part of the tenant. According to this article, if the tenant does not pay the debt even though the payment deadline has passed after the landlord delivers the subject of the contract, the landlord can take action and the tenant who does not pay the rent can be evicted. This debt mentioned here includes not only the rent amount, but also additional debts.
Grounds for eviction due to non-payment of rent
Creating a lease requires that both parties agree on basic elements such as the nature of the subject matter of the contract and the fees to be paid. These elements include paying rent and related expenses, the place and time of payment, the percentage of increase, and so on. In cases where rent is not paid, eviction lawsuits can be filed through court proceedings and the enforcement process against the tenant.
Termination and eviction according to general provisions due to non-payment of rent
In case of rent or additional expenses e.g
Dues are not paid in fullThe landlord sends a warning letter to the tenant who has not paid rent, giving them 30 days. Naturally, this period is valid for residential and commercial roofed rentals. As for product rentals, it will be 60 days, and for other rental contracts it will be 10 days. This issue is regulated in Articles 315 and 362 of the Turkish Civil Code as follows:
If the tenant does not pay the debt for the amount of rent or additional expenses that become due after delivery of the rental property, the landlord can provide written notice to the tenant. If the tenant does not fulfill the debt within this period, the tenant must provide written notice to the tenant. The owner can terminate the contract. The period that must be granted to the tenant is at least ten days, and for covered residential and commercial rentals, it is not less than thirty days. This period begins on the day following the date of written notice to the tenant. Article 315 of the Turkish Civil Code
If the tenant does not pay the amount of rent or additional expenses due after handing over the rented property, the landlord can provide written notice to the tenant, giving him a grace period of no less than sixty days, and if the tenant does not pay within this period, the landlord can terminate the contract.Article 362 of the Turkish Civil Code
In the event of non-payment of rent despite delivery of the leased property and notification of payment of the late debt, the property lessor may apply to court and request the tenant’s eviction. In this way, the court will examine whether the rental property was delivered on the agreed date, is in a condition suitable for the use intended in the contract, whether the debt is due, and whether there is payment due.
How to evict a tenant who does not pay rent?
If rent or additional expenses are not paid, the landlord can enforce the eviction through execution based on the lease. This procedure, called eviction by execution, is a legal procedure that protects a landlord’s rights when a tenant does not pay rent. Resorting to the eviction process within the scope of Article 269 of the Enforcement and Bankruptcy Law requires that there be a written contract, the rent must be due, the tenant must not have made payment, the tenant must be given the deadlines stipulated in the Turkish Civil Code, and the notice must include an eviction warning. In the payment order.
If rent or additional expenses are not paid, the landlord can initiate an eviction by enforcement action by initiating an enforcement action against the tenant who does not pay the rent, giving them a 7-day period to object and a 30-day period to make payment. Naturally, this period is valid for residential and commercial roofed rentals. As for product rentals, it will be 60 days, and for other rental contracts it will be 10 days. It is sufficient for the eviction to be effective if the rent is partially paid. The partially paid amount must be indicated in the payment order, and a period must be given to the tenant. An eviction lawsuit can then be filed for non-payment of rent.
If the nonpaying tenant does not pay rent within the notice period and does not object to the enforcement process, the enforcement action will become final, and the landlord can request the tenant’s eviction from the enforcement court. If the tenant does not carry out the eviction, enforcement actions will be carried out by enforcement personnel. If the tenant objects, the objection must first be raised, which will lengthen the process. Therefore, it is important to consult an expert Real estate lawyer For detailed information about specific cases.
Eviction based on two justified notices
Article 352 of the Turkish Civil Code regulates
Eviction of tenant who caused two notices During the rental year. To be effective, the notice must be related to an outstanding debt, and must be given in separate months during the rental period.
After issuing two justified notices, the landlord has one month after the end of the rental period to terminate the contract through legal proceedings. During this period, if the tenant receives two justified notices, in one-year leases, they have the right to bring a lawsuit at the end of the contract, and in longer term leases, they have the right to bring a lawsuit at the end of the rental year in which the notices were issued. It should be noted that issuing a notice alone is not sufficient. It is also necessary to provide notice to the tenant. In fact, it has been stated in court decisions that cases opened without submission of a payment order are subject to cancellation; The notice through warning letter must inform the tenant of the process to follow if the debt is not paid. (Court of Cassation, Sixth Civil Chamber, 01/16/2013, Case No. 2013/348, File No. 2012/18689)
A new landlord’s ability to demand rent and file eviction for default requires notifying the tenant that he has taken possession of the property and sending notices to him to pay rent. If this notice is ignored, the landlord can serve a default notice and initiate a lawsuit based on it. According to the principles outlined above, if the new landlord does not properly notify the tenant of the rent payment, he or she cannot file a valid lawsuit for eviction.Court of Cassation 4840/2015 K 6370/2015 D 06/24/2015
Frequently asked questions
Conclusion
Leases are contracts that impose certain obligations on both parties. During the rental period, tenants may not pay the rent in full, and if proper steps are not taken within the necessary time, these situations may result in time and financial losses. Therefore, the circumstances must be carefully evaluated, the facts must be well understood, and if rent is not paid, eviction lawsuits must be filed immediately.
Inflation and a 25% rent increase limit negatively affect rental prices. As a result, property owners suffer losses and face great difficulties. If the necessary conditions for eviction are not met due to non-payment of rent, other
Reasons for eviction can be explored, or if conditions are met, a
Rent determination lawsuit Or a
Rent modification lawsuit can be provided.
The content of this article is intended to provide a general guide to the topic. It is recommended to seek advice from specialists in your circumstances.
