If the rent is not paid or the lease term expires, the lessor may request the eviction of the property directly through the enforcement office. This method is easier than the other two methods described below and is the most commonly used method in practice.
The tenant’s failure to pay the rent at all or on time gives the lessor the right to request eviction. In practice, this method, known as eviction without a court order due to non-payment of rent, is the most effective and fastest way to secure eviction. Unlike eviction proceedings after two justified warnings, there is no obligation to send a warning letter to a tenant who does not pay rent. The important point for landlords to note is that they must specify their request for eviction in the enforcement proceedings they initiate for unpaid rent.
In enforcement proceedings with an eviction request, the payment order issued to the debtor states that the debtor can object to the debt within 7 days after receiving the payment order, and if they do not object, they must pay the rent within 30 days, otherwise they will be evicted. If the debtor does not object to the proceedings within the 7-day period but pays the debt, including all enforcement costs, within the 30-day period, they will not be evicted from the property.
If the debtor objects to the proceedings within 7 days, the enforcement proceedings are suspended. This 7-day period is the general attachment period for enforcement proceedings without a court order. However, the 30-day period does not originate from the Enforcement and Bankruptcy Law. This period originates from the Turkish Code of Obligations No. 6098.
If the 30-day period has expired since the payment order was served on the debtor and the debt has not been paid in full, the lease contract is terminated by the lessor. After this, an eviction lawsuit must be filed in the Enforcement Court.