Authorized And Competent Court In Rent-Eviction Cases
COURT IN CHARGE OF EVICTION CASES
One of the most important issues to be considered when filing a lawsuit in a court is which court has jurisdiction. The duties of the courts are determined by law.
Duty is related to public order. Therefore, it is taken into consideration at every stage of the proceedings.
The court in charge of eviction cases is specified in Article 4/1-a of the CCP (8/II-1 of the Code of Civil Procedure).
The Civil Courts of Peace are in charge of the lawsuits concerning all disputes, including the lawsuits for receivables arising from the lease relationship, and the lawsuits filed against these lawsuits, with the exception of the provisions regarding the eviction of the leased immovables through execution without judgment according to the EBL dated 9.6.1932 and numbered 2004. (In this sense, it does not matter whether the leased is movable or immovable)
JURISDICTION CCP 5 (HUMK 9.) Art.
Another important point to consider when filing a lawsuit in a court is which court has jurisdiction.
Jurisdiction: It refers to the place where a lawsuit will be heard.
According to Article 6 of the CCP (HUMK 9), which determines the general rule of jurisdiction, the general competent court is the court of the place of residence of the defendant real or legal person on the date the lawsuit is filed.
The concept of domicile mentioned in the article is determined according to the provisions of the Turkish Civil Code dated 22.11.2001 and numbered 4721.
The competent court in eviction cases is determined according to the rules in Articles 6 and 7 of the CCP (HUMK 9) and 10 of the CCP (HUMK 10), since the dispute is not related to the immovable property.
According to Article 10 of the CCP, jurisdiction in cases arising from the contract can be filed in the court where the contract will be performed.
Accordingly, since the competent court is the court of the defendant’s place of residence or the place where the contract will be executed is also the place where the immovable property is located, mostly eviction cases are heard in the court where the immovable property is located.
Article 17 of the CCP states that “Merchants or public legal entities may, by contract, authorize one or more courts to have jurisdiction over a dispute that has arisen or may arise between them. Unless otherwise agreed by the parties, the lawsuit can only be filed in these courts determined by the agreement”.
Pursuant to this provision, private persons cannot conclude a jurisdiction agreement for the lease agreement between themselves.