Prosecution And Objection Procedure Regarding Rent Receivable
If the obligations imposed on the tenant in the Turkish Code of Obligations are not fulfilled by the tenant, a breach of the lease agreement occurs. In this case, if an eviction decision is given at the end of the lawsuit filed, the judgment may be put into execution and the eviction of the immovable may be requested. In case the rent is not paid or the lease period expires, the lessor may request the eviction of the immovable through the enforcement office. In case of non-payment of the rent, the lessor may initiate an enforcement proceeding to demand the rent from the lessee and request eviction.
If the lessee fails to pay the rent, the lessor may demand the unpaid rent by sending a payment order through the enforcement office. However, if the lessor demands the evacuation of the leased immovable property together with the rental fees, as a rule, he/she should initiate an eviction proceeding without a writ. With the enforcement proceeding to be initiated, both the rent and the eviction can be requested at the same time.
If the lessee does not fulfill the obligation to pay the rent or ancillary expenses due after the delivery of the leased property, the lessor may notify the lessee in writing that he will terminate the contract in the event of non-payment of the performance within this period. The period to be given to the lessee is at least 10 days, and at least 30 days in residential and roofed workplace leases. This period starts to run from the day following the date of written notification to the lessee. If the tenant, who is a party to the enforcement proceedings, does not pay the rent within these periods, the lessor may ask the enforcement court to decide on the eviction of the tenant.
The payment order sent within the enforcement proceeding can be objected within 7 days (3 days for lease agreements shorter than 6 months). Payment must be made within 30 days. If no objection is made in due time or the rent is not paid within 30 days, the enforcement proceeding becomes final. Following the finalization, the lessor may request the eviction of the immovable from the enforcement court. The lessor asserts the unpaid rental fees in the lawsuit to be filed by the lessor, and eviction cannot be requested from the court due to non-payment of interest, execution expenses, attorney’s fees, which are not counted among the rental fees within the periods. However, if the common expenses of the apartment building are on the tenant, these can also be requested. In short, eviction can be requested in the enforcement proceedings initiated due to rent receivables only if the rent is not paid. If the tenant makes a partial payment after the enforcement proceedings are initiated and pays the rent, he/she cannot be evicted.
The tenant may object to the lease agreement in the enforcement proceeding after receiving a payment order. In order to continue the proceedings after the objection, the lessor must apply to the enforcement court within 6 months and request the removal of the objection. If the lessor misses this period, he/she cannot request eviction without writ for the same rent receivable again.
The lease agreement does not have to be in writing for the lessor to file an eviction proceeding or enforcement proceeding without writ. If the tenant does not explicitly and unequivocally object to the payment order in due time, he/she is deemed to have accepted the lease agreement. In this case, no examination is made about the validity of the lease agreement. In case the lessee rejects the lease agreement, the lessor must prove the lease agreement in court for the continuation of the proceedings. The competent court is the civil court of peace. If there is no written but notarized lease agreement, a lawsuit should be filed in the civil court of peace. The lessor, who has the notarized lease agreement, can ask the enforcement court to lift the objection.
There is an appeal against the eviction decision, but the appeal stops the sale, not the proceedings. The appeal decision does not need to be finalized for the decision to be enforced. However, if the debtor deposits 3 months’ rent as collateral, the execution will be suspended. Although it is not necessary for the decision to be finalized with the appeal decision to be enforced, a period of 10 days must pass from the notification or notification of the decision of the enforcement court to the tenant.