In practice, the eviction of the rented real estate can take place in two ways because the rent debt has not been paid. The first of these is to issue two justified warnings during the lease term: the one that is more troublesome and protracted than eviction by enforcement, and the one that is within the lease term. In this way, it will be necessary to give a warning twice for rents that are not paid during the rental period. Although there is no requirement for a qualified form for these warnings, it is important that they are made by a notary in terms of determining their contents. Another more practical way is to initiate enforcement proceedings with an eviction request due to paid rent arrears and to evict the debtor by default.
There are two practical benefits of the evacuation of the leased real estate through enforcement, i.e. due to default. Firstly, it will be possible to consider the follow-up initiated on the rent receivable as a warning, that is, to judge the debtor as if the warning had been given through the same notary public channel, and to oppose the two justified warnings transmitted first.
The second practical way is to open the foreclosure route against the receivable even before the eviction takes place and apply this way to take the necessary measures for the collection of the receivable. One important point should not be overlooked here. Enforcement offices and some enforcement courts are strict about stamp duty. Some enforcement offices do not initiate enforcement proceedings on workplace rents without depositing stamp duty, and some enforcement courts do not even make decisions. In particular, this issue should be taken into account when initiating follow-up with an eviction request about rental establishments.
Paid paid on behalf of the debtor / lessee, in this way, which is called 7/30 enforcement proceedings in practice, enforcement proceedings will be initiated in the enforcement office first and it will be stated in the payment order “if the debt is not paid within 7 days, the lease agreement will be terminated and the lessor will be evicted if all rent arrears are not closed together with the fers within 30 days”. The 7-day period here is the general foreclosure period for execution proceedings other than drugs. However, the 30-day period is not due to the Execution Bankruptcy Law. This period is due to the Turkish Code of Obligations numbered 6098.
315 Of the Turkish Code of Obligations. its substance. Material:
“If the tenant does not fulfill the rental price or the ancillary expenses belonging to the lessor after paying the payment debt, he may give the tenant a deadline in writing and inform him that if he does not fulfill it within this period, he will terminate the contract.
The period to be given to the tenant is at least ten days, and for the dwelling and roofed workplace it is at least thirty days. This period begins to operate from the day following the day of written notification to the tenant.”
Here, the borrower must pay all his receivables such as rent and dues obligations, execution costs within thirty (30) days. If the tenant does not pay the entire debt, the lease agreement will be terminated due to default. The thirty (30) day period is stipulated only in residential and roofed establishments. In lease agreements other than these, it will be sufficient to give only ten (10) days for eviction due to default.
An important point here is that the seven (7) day foreclosure period is also the borrower’s objection period. If the debtor objects to the debt within these (7) days, the pursuit stops. If the objection is only in the form of an objection to the debt, that is, if the signature has not been objected to, then a lawsuit should be filed for the cancellation of the objection in the enforcement court.
Article 269/c of the Execution Bankruptcy Code – (Oct.: 538 – 18.2.1965 / m.110):
“If the debtor who rejects the contract, but objects to paying the rent or notifying him, informs that he cannot be exchanged or requested for such a reason, he is obliged to acknowledge his objection and the reasons for the request in a notarized or regulated document or signature by the creditor or competent authorities, or in public, and he must duly prove it with a woman.
In case the creditor denies the bill of lading or receipt, the provision of Article 68 shall be applied comparably.
It is not expected that the execution of the release decision of the executive court will be finalized. However, for the release, ten days must elapse from the date of notification or notification of the decision to the debtor. Debtor, regarding the eviction decision 36. he can benefit from the article provision.
If the signature has not been challenged even though the debt is in dispute; now IIK 68. there is a document containing a signed confession in the article. In this case, if the borrower / tenant cannot provide a document stating that he has paid the debt / rent, the appeal will be rejected. In practice, most of them resort to the cancellation of the objection, which is longer and more costly, and not to the removal of the objection, despite the fact that a written lease agreement has been established, despite the lease agreements that have not been rejected.
Pays payable to the borrower If the 30-day period has passed since the notification of the order and the entire debt has not been paid, in this case the lease agreement will be terminated by the lessor. After that, it will be necessary to file an “eviction case due to default”, which will be substituted in the Executive Court. It should be noted immediately that this case is a determination case, but it also covers the EDA judgment. In other words, the court will only examine whether the conditions of the release have been fulfilled due to the default in this case. These are briefly as follows: ”
1- Has a procedural and valid follow-up been initiated and a procedural pay order been notified? Paid pay order 2- Has the payment order been notified and has the debt been paid in full?” that is their business. An eviction order will be issued when these conditions are determined by the court where they occurred through the enforcement file.
Paid pay or release, which is accepted to belong to the creditor, will only be able to withstand the debtor by presenting a document bearing the creditor’s signature and stating that the debt has been fully paid as a result of the court examination. It should be noted immediately that in these documents, it should be stated that the debt was completely closed before the expiration of the 30-day period.
Pays payable to the debtor In other words, if the debtor has not settled the entire debt within 30 days from the date the payment order was notified to him, the fact that he has paid the debt until the case is opened and completed after this period will not affect the discharge. Because at the end of the 30-day period, the lease agreement has expired under the conditions determined by the law, and the lawsuit to be filed is only final in nature.
In practice, the eviction decision is usually made at the first hearing opened after the evaluation of the above-mentioned two issues by the court in the file. The decision may be released within 10 days from the date of notification or notification. In other words, if the eviction decision was read after the hearing in the presence of the debtor, that is, the tenant, or in the presence of his representative; if it was made in the absence of the debtor or his representative, it can be fulfilled within 10 days from the notification. It is important to deposit the foreclosure fee for the eviction, and if the borrower does not have a place to take his belongings, he has a 6-month reserve and transportation is ready.
If we briefly list the issues that should be considered about real estate leased by execution (eviction due to default): 1 – Stamp duty should be paid at workplaces. 2 – If there is no need to submit any documents during the follow-up without notice, the lease agreement must be submitted to the file as a basis for enforcement proceedings. The practical meaning of this is IIK 68. in order to benefit from the procedure in the article. 3 – If there is no signature rejection, 68. according to the submission requirement in article 269. the method of removing the objection contained in the article should be applied.
4 – If the foreclosure has been finalized, the foreclosure should be made, because you may not be able to reach your debtor/tenant for a long time. 5 – If the eviction decision has been notified to the debtor, that is, if it has been issued against him, you can make the eviction process to be submitted to the execution file within 10 days without waiting for notification. 6 – After the eviction decision has been made, the eviction process can be carried out after the 10-day period has elapsed, and the statements that the enforcement directorate must make for a 2-week period have no legal basis. 7 – When you go to the evacuation, you must definitely have enough money to cover the 6-month replacement storage fee and transportation costs, and the evacuation fee must be deposited.