Eviction Due To Non-Payment Of Rent In Turkey

The question of how to evict a tenant who doesn't pay rent has been occupying the agenda due to increasing economic difficulties. Although the lease is designed as an agreement that imposes debt on both parties, the failure of the parties to fulfill their debts is one of the main reasons for disputes in this regard. Tenants sometimes fail to implement the specified increase rate in the contract, and sometimes they make wrong increases. At this point, due to the incomplete payment of the rent, eviction of the tenant who doesn't pay rent becomes a subject of eviction lawsuits. In this article, we will discuss the tenant's default, and reasons for eviction due to non-payment of rent, delve into how to evict a tenant who doesn't pay rent, and finally address frequently asked questions.

Tenant's Default

The day on which the rent will be paid is determined by provisions within the contract. Whether the tenant has paid the debt or not, in other words, whether they have defaulted, will be determined based on the payment day. If there is no agreement regarding the payment day in the lease 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 evaluates the non-payment of rent as the tenant's default. According to this article, if the tenant does not pay the debt even though the deadline for payment has passed after the landlord has delivered the subject of the contract, the landlord can take action and the tenant who doesn't pay rent can be evicted. This debt mentioned here includes not only the rent amount but also the ancillary debts.

Reasons for Eviction Due to Non-Payment of Rent

The establishment of a lease requires the parties to agree on essential elements such as the nature of the subject matter of the contract and the fee to be paid. Among these elements are the payment of the rent and ancillary expenses, the place and time of payment, the rate of increase, and so on. In cases where the rent is not paid, eviction lawsuits can be initiated through both a court process and an execution process against the tenant.

Termination and Eviction According to General Provisions Due to Non-Payment of Rent

In case the rent or ancillary expenses like dues are not paid in full, the landlord sends a warning letter to the tenant who hasn't paid rent, giving them a 30-day period. Of course, this period is valid for residential and roofed business rentals, while for product rentals, it will be 60 days, and for other lease 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 fulfill the debt of the rent amount or ancillary expenses that became due after the delivery of the rented property, the landlord can give a written notice to the tenant and if the tenant does not fulfill the debt within this period, the landlord can terminate the contract. The period to be given to the tenant is at least ten days, and for residential and roofed business rentals, it is at least thirty days. This period starts from the day following the date of the written notification to the tenant. Article 315 of the Turkish Civil Code

If the tenant does not pay the rent amount or ancillary expenses due after the delivery of the rented property, the landlord can give a written notice to the tenant, giving them a grace period of at least 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 that the rent is not paid despite the delivery of the leased property and the notice of paying the overdue debt, the landlord may apply to the court and request the evacuation of the tenant. In this way, the court will examine whether the leased property was delivered on the agreed date, in a condition suitable for the intended use in the contract, whether the debt is due, and whether there is a due payment.

How to Evict a Tenant Who Doesn't Pay Rent?

In case the rent or ancillary expenses are not paid, the landlord can carry out an eviction process through execution based on the lease contract. This procedure, called eviction through execution, is a legal procedure that protects the rights of the landlord when the tenant does not pay the rent. In order to resort to the eviction process within the scope of Article 269 of the Execution and Bankruptcy Law, there must be a written contract, the rent must be due, the tenant must not have made the payment, the tenant must be given the deadlines specified in the Turkish Civil Code, and the notice that the eviction warning must be included in the order of payment.

In case the rent or ancillary expenses are not paid, the landlord can initiate an eviction procedure through execution by starting an execution procedure against the tenant who doesn't pay rent, giving them a 7-day period to object and a 30-day period to make the payment. Of course, this period is valid for residential and roofed business rentals, while for product rentals, it will be 60 days, and for other lease contracts, it will be 10 days. In order to carry out the eviction through execution, it is sufficient for the rent to be partially paid. The partially paid amount should be indicated in the order of payment, and a period should be given to the tenant. After that, a lawsuit for eviction due to the incomplete payment of the rent can be filed.

If the tenant who doesn't pay rent does not pay within the notice period and does not object to the enforcement process, the enforcement procedure will become final, and the landlord can request the eviction of the tenant from the enforcement court. If the tenant does not carry out the eviction process, the enforcement procedure will be enforced by enforcement officers. If the tenant objects, the objection must first be lifted, which will prolong the process. Therefore, it is important to consult an expert real estate lawyer to get detailed information about specific cases.

Eviction Based on Two Justified Notices

Article 352 of the Turkish Civil Code regulates the eviction of a tenant who causes two justified notices within a rental year. For the notice to be valid, it must be related to a due debt, must be given in separate months within a rental period.

After two justified notices are issued, the landlord has one month after the end of the rental period to terminate the contract through legal action. Within this period, if the tenant has received two justified notices, in leases of one year, they have the right to file a lawsuit at the end of the contract, and in leases with a longer period, they have the right to file 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 serve the notice to the tenant. Indeed, in court decisions, it has been stated that cases opened without serving the order of payment are subject to annulment; the notification through a warning letter should inform the tenant about the process to be followed if they do not pay the debt. (Court of Cassation, 6th Civil Chamber, 16.01.2013, Case No. 2013/348, File No. 2012/18689)

The new owner's ability to demand rent and initiate eviction lawsuits due to default requires notifying the tenant that they have acquired the property and sending notices to them for the payment of the rent. If this notice is ignored, the owner can send a default notice and initiate a lawsuit based on it. According to the principles explained above, if the new owner has not properly notified the tenant about the payment of rent, they cannot initiate a valid lawsuit for eviction.Court of Cassation, 2015/4840 K. 2015/6370 T. 24.06.2015

Frequently Asked Questions

How many rent payments should be due for eviction?

If the tenant does not pay their rent, the landlord can send a warning letter or start an execution process against the tenant. If the tenant fails to make the payment within the specified time after being warned, they can be evicted. If, despite making the payment, the tenant has not paid the rent for another month within the same rental period, they can be evicted based on two justified warnings at the end of the rental period. In conclusion, there is no specific limit on the number of months and missing one month's rent payment is sufficient for eviction.

How can a tenant who pays the rent late be evicted?

If the payment is not made on the specified date in the contract, the landlord can send a warning letter or initiate an execution process against the tenant. If the tenant causes two justified warnings within one rental year, their eviction can be requested. In the execution process, even if the tenant pays the rent late, they cannot be evicted through execution. However, if this situation is repeated twice within a year, a lawsuit for eviction can be filed.

How much can my landlord raise my rent in Turkey?

According to Turkish Law, 12-month average of the consumer price index is the highest limit for a rent increase. However, due to price fluctuations and a high inflation rate, there is a 25% cap until July 2nd, 2024. Therefore, if the 12-month average of the consumer price index is higher than 25%, the increase cannot be more than that.

Is incomplete payment of the rent a reason for eviction?

Yes, the rent must be paid in full. In cases where the rent increase has been made contrary to the contract, the rent will be considered partially paid, so the landlord can use this as a reason for eviction.

How long does it take to evict a tenant who doesn't pay rent in Turkey?

The duration of eviction lawsuits varies depending on the chosen method. Efficiently managing the process ensures a faster eviction. Considering that trials usually take 2-3 years, it is recommended to work with an experienced lawyer to expedite the process.

Is the eviction lawsuit due to non-payment of rent subject to mediation?

Yes, with the law on the Amendments on the Execution and Bankruptcy Law and Other Laws No. 7445, also known as the 7th Judicial Reform Package, and the Law No. 6325 on Mediation in Civil Law Disputes, disputes arising from tenancy relationships have been included within the scope of mandatory mediation. Since the regulation entered into force on September 1st, 2023, it will be mandatory to resort to mediation for cases filed after this date.

CONCLUSION

Leases are contracts that impose certain obligations on both parties. During the lease period, tenants may not pay rent in full, and if appropriate steps are not taken within the necessary time, these situations can lead to time and financial losses. Therefore, circumstances should be carefully evaluated, facts should be well understood, and in case of non-payment of rent, eviction lawsuits should be initiated promptly.

Inflation and the 25% rent increase limit adversely affect rental prices. As a result, landlords are suffering losses and facing significant hardships. If the necessary conditions are not met for an eviction due to non-payment of rent, other eviction reasons can be explored, or if the conditions are met, a rent determination lawsuit or a rent adjustment lawsuit can be filed.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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