- In case of non-payment of the rent or expiry of the lease term, the lessor may request the eviction of the immovable property directly through the enforcement office. This way is easier than the other two ways explained below and is the most preferred way in practice.
- Failure of the tenant to pay the rent at all or on time creates the opportunity for the lessor to request eviction. This way, which is referred to as eviction without judgement due to non-payment of the rent in practice, is the most effective and fastest way to ensure eviction. Here, unlike the eviction case after two justified warnings, there is no obligation to send a notice to the tenant who does not pay the rent. The issue that lessors should pay attention to is to specify the eviction request in the enforcement proceedings they will initiate regarding the unpaid rental fees.
- In the payment order issued to the debtor in the enforcement proceeding with eviction request, it is written that the debtor can object to the debt for 7 days after receiving the payment order, and if not, he/she must pay the rent within 30 days, otherwise he/she will be evicted. If the debtor does not object to the proceeding within 7 days, but pays the debt, including all the costs of the proceeding, within 30 days, he/she will not be evicted from the immovable property. If the debtor objects to the proceeding within 7 days, the enforcement proceeding stops. The 7-day period here is the general attachment period in enforcement proceedings without writ. However, the 30-day period does not originate from the Enforcement and Bankruptcy Law. This period stems from the Turkish Code of Obligations No. 6098.
- If the 30-day period from the notification of the payment order to the debtor has expired and the debt is still not paid in full, then the lease contract is terminated by the lessor. After that, it is necessary to file an eviction case in the Enforcement Court.
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