1. Initiation of Eviction Proceedings Due to Default and the Competent Authority

The eviction process due to default is initiated by the creditor (landlord) applying to the competent Enforcement Office (Execution Office). This process is conducted within the framework of Article 269 et seq. of the Enforcement and Bankruptcy Law (EBL) and Article 315 of the Turkish Code of Obligations (TCO). For the proceedings to be initiated, the creditor must submit a written “Request for Enforcement” to the enforcement office.

2. Content of the Request for Enforcement and Matters to be Stated

In the request for enforcement submitted to the enforcement office (Sample 1), the fields to be filled by the creditor, and especially the matter of “what to write where”, have been detailed in judicial decisions as follows:

Enforcement Method and Request (Column 9): In the request for enforcement, the creditor’s request must be clearly stated. According to Supreme Court decisions, in the relevant section of the request for enforcement (usually in column 9 where enforcement methods are listed), it is mandatory to clearly write the phrase “Attachment and Eviction”, not just “Attachment”. If there is no explicit request for “eviction” in the request for enforcement, eviction cannot be subsequently requested from the enforcement court, and the case will be dismissed.

Claim Items: In the request for enforcement, the amount of the requested rent receivable, to which months it pertains (e.g., “rent for May, June, July of 2015”), and accrued interest must be clearly specified.

Supporting Document: The date of the lease agreement (commencement date) and, if any, written agreement details must be attached to the follow-up request and specified.

3. Issuance (Example 13) and Notification of the Payment Order

The type and content of the document to be sent to the debtor (tenant) by the enforcement office upon the follow-up request are vital for the validity of the eviction process:

Requirement of Example 13: The payment order to be sent to the debtor must be payment order number “Example 13” for ordinary leases and revenue leases. In Supreme Court decisions, it has been emphasized that sending a “Example 7” payment order, which is a general attachment method in follow-ups with eviction requests, will not produce legal consequences for eviction and will lead to the rejection of the case.

Warnings to be Written on the Payment Order: The following points must be clearly stated in the payment order:

Payment Period: It must be stated that the debtor is given a payment period of 30 days for residential and roofed workplace leases (60 days for agricultural product leases, 10 days for others).

Notice of Termination and Eviction: It must be warned that if the debt is not paid within the given period, the lease agreement will be terminated, and eviction will be requested from the enforcement court.

Objection Period: It must be stated that the debtor can object within 7 days from the notification.

Notification: The payment order must be duly notified to the debtor. Without proper notification or with irregular notification, periods do not start, and default does not occur.

4. Formation of the Default Event and Waiting Periods

For an eviction lawsuit to be filed due to default, the expiration of the legal periods must be awaited:

Waiting for the 30-Day Period: An eviction lawsuit cannot be filed before the 30-day legal payment period, which runs from the date the payment order was served to the debtor, expires. Supreme Court decisions state that lawsuits filed before this period expires should be dismissed on the grounds that “default conditions have not been met.”

Objection Status: If the debtor does not object within 7 days and does not make payment within 30 days, the enforcement proceeding becomes final and default occurs. If the debtor objects within the period, the proceeding stops; in this case, the creditor must apply to the Enforcement Court, requesting the removal of the objection and eviction.

5. Filing a Lawsuit in the Enforcement Court

After the default conditions (eviction request in the enforcement application, service of Sample 13, expiration of the 30-day period, and non-payment) are met, the procedure to be followed is as follows:

Competent Court: The creditor must apply to the Enforcement Law Court.

Lawsuit Filing Period: Pursuant to Article 269/a of the EIL, eviction must be requested within six months following the expiration date of the warning period (30 days).

Request: In the petition, the eviction of the leased property (and the removal of the objection, if any) should be requested by stating that the debtor is in default. The court, by verifying the existence of the preconditions (rent receivable, eviction request in the proceeding, proper notification, non-payment on time), issues an eviction decision.

In summary; the process begins with submitting an enforcement request to the Enforcement Directorate, explicitly stating an “eviction” request and marked “Attachment and Eviction”. It continues with sending an Example 13 payment order to the debtor, allowing a 30-day payment period, and concludes with filing a lawsuit in the Enforcement Court within 6 months after the expiration of this period if payment is not made. A paper suggestion.

The Importance of Having the Process Followed by an Expert Lawyer

The eviction process due to default; is an extremely technical procedure that strictly adheres to formal requirements, necessitating the combined application of the Enforcement and Bankruptcy Law, the Turkish Code of Obligations, and relevant notification legislation. As explicitly stated in Supreme Court decisions;

Failure to include the phrase “Attachment and Eviction” in the enforcement request,

Sending the wrong payment order to the debtor (failure to send the mandatory Example 13 when Example 7 was sent instead),

Irregularity in the notification process,

Failure to wait for the 30-day payment period to expire,

Missing the 6-month period for filing a lawsuit,

Incorrect or incomplete recording of rental periods

even seemingly small errors like these can lead to the rejection of the eviction request and cause the entire process to restart from the beginning.

Especially in regions of Istanbul with dense and complex notification traffic, such as Tuzla, Pendik, Kartal, Maltepe, Kadıköy, Ataşehir, Ümraniye, Sultanbeyli, as well as places like Gebze and Dilovası, notification periods, allegations of tenant collusion, and objection processes proceed much more delicately. Therefore, executing the process flawlessly is of critical importance.

In this context, the eviction process due to default requires;

selecting the correct enforcement method,

proper service of notifications,

not missing deadlines,

timely application to the enforcement court against the debtor’s objection,

preparation of petitions and requests in accordance with Supreme Court precedents

to be managed by an expert lawyer.

In this field, specifically the Tuzla-based 2M Hukuk Avukatlık Bürosu (2M Law Office), possesses strong practical experience in eviction due to default, rent receivables, enforcement proceedings, annulment of objections, and eviction lawsuits; providing professional and quick solution-oriented services to its clients throughout the process for both residential and roofed workplace rentals.