Eviction Of Immovable Property By Execution
Another way that the lessor may apply for the evacuation of the leased property is evacuation by way of execution. First of all, it should be noted that, as a rule, execution without judgement is possible for money and security receivables, and in order to initiate proceedings for other claims, execution with judgement should be applied. For this reason, in order to initiate an enforcement proceeding for the eviction of an immovable property, a lawsuit must first be filed against the lessee, and this lawsuit must be concluded in favour of the lessor, and if the lessee does not evacuate the immovable property despite this, eviction may be requested by way of writ enforcement.
However, in the presence of certain special conditions, it may be possible to evacuate the leased immovable property through execution without judgement. In order to apply for this enforcement action, there must be a lease agreement between the parties. There are two reasons for resorting to this method. These are non-payment of the rent and expiry of the lease period.
a) Eviction without execution due to non-payment of rent:
If the tenant does not pay the rent, the lessor may apply for proceedings against the tenant as a creditor in the capacity of a creditor because it is a money receivable. However, only the eviction of the rent will be possible with this proceeding. However, if the lessor wants the tenant to be evicted from the immovable property in addition to the collection of the rental fee, it has the opportunity to apply for eviction without judgement.
In this proceeding, the payment order containing the demands for the payment of the unpaid rent and the eviction of the tenant from the immovable property, with the lessor as the creditor and the tenant as the debtor, is sent to the debtor. The debtor may object to this payment order within 7 days from the notification of the payment order or may pay the debt within 30 days for residential and roofed workplace leases.
If the debtor does not object to the payment order within 7 days, the proceeding will be finalised and the creditor/lessor will wait for the payment to be made within the remaining 23 days of the 30-day payment period. If the debtor tenant fails to make payment within this period, the lessor may request the eviction of the tenant from the immovable property from the enforcement court within six months from the expiry of the period. The tenant is evicted from the leased property with the eviction decision to be issued by the enforcement court.
b) Eviction without execution due to the expiry of the lease term:
In order to apply this way, the lessor must have a written lease agreement or an eviction commitment. However, in residential and roofed workplace leases, the existence of a written lease agreement alone is not enough, there must be a written eviction commitment validly given by the tenant. However, in residential and roofed workplace leases, it will be possible to apply for eviction without a writ even if the lessor has only a written eviction commitment.
According to Article 272 of the BEC, an immovable leased with a contract may be requested to be evicted by submitting the contract to the enforcement office within one month after the expiry of the term. A one-month grace period has been determined.
In this follow-up procedure, there is not a payment order but an eviction order. Upon the creditor lessor’s submission of the follow-up request to the enforcement office, to which the creditor lessor has definitely attached the written lease agreement and the evacuation commitment, the department sends the evacuation order to the debtor lessee, which includes the notice to evacuate the immovable within 15 days or to notify the enforcement office within 7 days if the lessee has an objection. It is also clearly stated in the payment order that if the tenant does not state his objections within the time limit or does not evacuate the immovable, he will be forcibly evacuated.
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