1. Prerequisites for Eviction Procedure Due to Default
The enforcement proceeding and eviction process initiated due to non-payment of rent are subject to certain prerequisites according to the provisions of the Enforcement and Bankruptcy Law (EBL) and the Turkish Code of Obligations (TCO). These conditions are listed as follows in Supreme Court decisions:
The existence of a rental debt based on a valid rental agreement,
The enforcement request (Form 1) submitted to the enforcement office must explicitly include a demand for “eviction” along with attachment,
Serving the debtor/tenant with the “Form 13” payment order requesting attachment and eviction,
Granting the debtor the legal payment period (notice period) from the date of service of the payment order,
Non-payment of the debt or no objection to the enforcement within the legal payment period, or the lifting of the objection.
2. Applicable Legal Periods
The periods in the eviction procedure are peremptory and are observed ex officio (automatically) by the courts:
Payment Periods (Notice Period): According to Article 315 of the TCO, the minimum periods to be given to the tenant with the payment order are as follows:
For residential and covered workplace rents: 30 days,
For usufructuary (product) rents: 60 days,
In other rental relationships: 10 days.
Objection Period: The tenant can object to the enforcement within 7 days from the date of service of the payment order.
Eviction Lawsuit Filing Period (6-Month Period): According to Article 269/a of the EBL; if the debtor does not object and fails to pay their debt within the legal payment period (30 or 60 days), the creditor must request eviction from the enforcement court within 6 months from the end of this period. This 6-month period is of a forfeiture nature (preclusive period).
Waiting Period for Filing a Lawsuit: For an eviction lawsuit to be filed, the 30-day (or relevant legal period) payment period must definitely expire. Eviction lawsuits filed before this period expires are rejected on the grounds that the condition for default has not been met.
3. Procedure in Case of Objection and Finalization Without Objection
In Case of No Objection: If the debtor does not object within 7 days and fails to make payment within the 30-day period, the enforcement proceedings become final. The creditor obtains an eviction order by applying to the enforcement court within 6 months following the end of the 30-day period.
In Case of Objection: If the debtor objects to the enforcement proceedings, the creditor requests “annulment of objection and eviction” from the enforcement court. In this case, for an eviction order to be issued, the 30-day payment period must have passed, and the debt must remain unpaid.
Service of the Payment Order: For the eviction procedure and its deadlines to begin, the payment order must be duly served on the tenant. Deadlines do not run, and default does not occur based on a payment order that cannot be served on the tenant.
4. Eviction Due to Expiration of Lease Term (EBL 272-274)
For properties rented under a written contract, the eviction procedure initiated due to the expiration of the lease term is subject to different timeframes:
Enforcement Period: The landlord must apply to the enforcement office within 1 month from the expiration of the lease agreement to initiate eviction proceedings. This period is preclusive.
Objection and Eviction: The tenant can object within 7 days from the notification of the eviction order. If no objection is made, the enforcement becomes final, and the tenant must vacate the property within 15 days.
Forced Eviction: If the tenant does not vacate within 15 days, they will be forcibly removed from the property by the enforcement office upon the landlord’s request. In this procedure, if no objection is made, there is no need to additionally obtain an eviction decision from the enforcement court.
5. Critical Issues Emphasized in Court Decisions
Prematurely Filed Lawsuits: The Supreme Court consistently emphasizes that eviction lawsuits filed before the expiration of the 30-day legal payment period (e.g., 15-20 days after notification) should be rejected on the grounds that default has not occurred.
Expiration of Time Limit: Eviction requests filed after the expiration of the 6-month preclusive period are rejected, even if the debtor has not objected.
Content of Payment Order: Failure to clearly state or incorrectly stating the legal periods (e.g., 30 days) in the payment order (e.g., giving 7 days instead of 30 days) invalidates the payment order, and an eviction decision cannot be based on such an order. A paper suggestion.
Kira ödenmezse kiracı ne zaman tahliye edilebilir?
Kira bedelinin ödenmemesi tek başına tahliye için yeterli değildir. Kiracının tahliye edilebilmesi için icra yoluyla haciz ve tahliye talepli ödeme emri gönderilmesi, bu ödeme emrinde 30 günlük yasal ödeme süresinin tanınması ve bu süre içinde borcun ödenmemesi gerekir. 30 gün dolmadan açılan tahliye davaları, Yargıtay uygulamasına göre temerrüt oluşmadığı gerekçesiyle reddedilmektedir.
Temerrüt nedeniyle tahliye davası için 6 aylık süre ne zaman başlar?
İcra takibine konu ödeme emrinde yer alan 30 günlük yasal ödeme süresinin sona erdiği tarihten itibaren başlar. Kiracı bu süre içinde ödeme yapmaz ve itiraz etmezse, alacaklı 30 günün bitimini takip eden tarihten itibaren 6 ay içinde icra mahkemesinden tahliye talep etmelidir. Bu süre hak düşürücü olup, kaçırılması halinde tahliye talebi reddedilir.
Ödeme emrinde 30 gün yerine 7 gün yazarsa tahliye mümkün olur mu?
Hayır. Ödeme emrinde TBK 315’e uygun şekilde 30 günlük yasal sürenin açıkça belirtilmesi zorunludur. Sürenin eksik ya da yanlış gösterilmesi (örneğin 30 gün yerine 7 gün yazılması), ödeme emrini geçersiz hale getirir. Bu durumda, bu ödeme emrine dayanılarak tahliye kararı verilmesi mümkün değildir.
2M Law Office – Rental Eviction
How is eviction carried out in Istanbul if rent is not paid?
In Istanbul, if the rent is not paid, eviction is carried out through enforcement proceedings. A payment order with a request for seizure and eviction is sent to the tenant, and a 30-day legal payment period is granted. If payment is not made within this period, eviction must be requested from the enforcement court within 6 months following the end of the period. 2M Law Office professionally manages this entire process throughout Istanbul.
When can an eviction lawsuit due to default be filed in Tuzla?
To file an eviction lawsuit due to default in Tuzla, it is first mandatory for the 30-day payment period to expire. Lawsuits filed before this period expires are rejected as prematurely filed cases according to the Supreme Court’s practice. 2M Law Office follows the process in rental disputes in Tuzla without making any procedural errors.
What is the most common mistake made in eviction through enforcement proceedings in Gebze?
The most common mistake made in eviction through enforcement proceedings in Gebze is missing the 6-month peremptory period. If eviction is not requested within 6 months after the payment period expires, the eviction request will be rejected, even if the tenant has not objected. Furthermore, incorrectly stating the 30-day period in the payment order renders the eviction process entirely invalid. To prevent such errors, 2M Law Office offers expert support.
How is a tenant whose lease term has expired evicted in Istanbul through enforcement proceedings?
In properties with a written lease agreement, when the lease term expires, the lessor must apply to the enforcement office within 1 month. This period is preclusive. If the tenant does not object, the property will be forcibly evicted within 15 days. There is no need to file a separate lawsuit during this process. In Istanbul, Tuzla, and Gebze, these procedures are carried out quickly by 2M Hukuk Law Office.
Why is it important to work with a lawyer during the eviction process?
A minor timing or procedural error in eviction cases can lead to the complete dismissal of the case. Especially preclusive periods like 30 days – 6 months – 1 month are considered ex officio by the court. In Istanbul, Tuzla, and Gebze, expert lawyer support in lease eviction processes is critically important to prevent loss of rights.
