Introduction

This article has been prepared to answer the question, “How can I evict my tenant, is sending a warning sufficient? What should I do to be able to evict them?” based on the decisions of the Supreme Court and Regional Courts of Justice. The reviewed decisions reveal that tenant eviction is not possible with a single action, especially not merely by sending a notice, but rather it is a multi-stage process strictly bound by specific legal procedures, deadlines, and formal requirements. This article summarizes the fundamental dynamics of this process, the critical points to consider, and the approaches that vary according to different eviction reasons.

The main findings obtained from the different judicial decisions reviewed are as follows:

A Warning Notice Alone Is Not Sufficient: The clearest finding emphasized in almost all decisions is that sending a warning notice alone is not sufficient to evict a tenant. While a warning notice is a mandatory initial step in the legal process, it does not guarantee eviction on its own.

Court Order or Enforcement Proceeding is Required: Eviction is only possible with a court order (eviction judgment) or an enforcement proceeding initiated and concluded based on a valid reason. As stated by the 3rd Civil Chamber of the Supreme Court of Appeals (2019/5313), “…the termination of the contract cannot be mentioned unless an eviction judgment is obtained with a court order.” This principle clearly demonstrates that the lessor cannot carry out eviction proceedings on their own.

Content and Procedure of the Notice are of Vital Importance: For a notice to have legal consequences, its content must meet the conditions required by law. Especially in notices issued due to unpaid rent (default); the demanded rent amount, the legal period allowed for payment (usually 30 days), and most importantly “a clear statement that if the rent is not paid within the given period, the contract will be terminated and an eviction lawsuit will be filed” are required (Supreme Court of Appeals – 6th Civil Chamber, 2011/4965; Supreme Court of Appeals – 3rd Civil Chamber, 2018/3224). The absence of any of these elements may invalidate the notice and lead to the dismissal of any subsequent lawsuit.

Procedures Vary According to the Reason for Eviction: The eviction process differs according to the legal reason it is based on. The main reasons highlighted in the reviewed decisions are; non-payment of rent (default), causing two justified notices in one rental year, an eviction undertaking, the need of the new owner, and housing/workplace needs. Each scenario has its specific notice requirements, lawsuit filing periods, and burden of proof.

Compliance with Legal Deadlines and Procedure is Mandatory: Even if you are in the right in eviction cases, procedural errors or missed deadlines can lead to the rejection of the case. For example, cases based on an eviction undertaking “must be filed within one (1) month following the committed date” (Supreme Court-6th Civil Chamber, 2011/13723) or cases after two justified notices “must be filed within one month from the expiration of the lease agreement” (Supreme Court-6th Civil Chamber, 2011/11846) must comply with critical deadlines.

Steps to Follow and Points to Consider in the Eviction Process

The decisions provide detailed information on how the eviction process operates under different scenarios.

1. In Case of Non-Payment of Rent (Default): 

This is the most common reason for eviction. The process involves the following steps:

Step 1: Properly Issued Warning Letter or Payment Order: A written warning letter (usually via a notary public) must be sent to the tenant, stating the unpaid rent debt, granting at least 30 days to pay this debt, and informing them that if payment is not made within this period, the contract will be terminated and an eviction lawsuit will be filed. Alternatively, an enforcement proceeding with a request for eviction can be initiated, and a payment order containing these warnings can be sent to the tenant.

Step 2: Application to Court or Enforcement Court: If the debt is not paid within the given 30-day period, the landlord can file an eviction lawsuit in the Civil Court of Peace or, if no objection has been made to the enforcement proceeding they initiated, they can request eviction from the Enforcement Court.

Important Quote: The 3rd Civil Chamber of the Supreme Court (2018/3224) clearly explained what happens if the eviction lawsuit is not mentioned in the warning: “…although the notice stated that the rent payments must be made within 30 days, otherwise the contract would be terminated, it did not specify that an eviction lawsuit would be filed against the defendant.” Due to this omission, the court’s eviction decision was found to be erroneous.

2. In Case of New Ownership:

 If you are a new owner who has recently purchased the leased property, the process is different. As stated by the 6th Civil Chamber of the Supreme Court (2013/6427), “…the owner who is not the landlord, or the new owner who subsequently acquired the leased property, must first send a notice to the tenant requesting rent payments be made to them, and if this notice is unsuccessful, they must file a lawsuit by serving a legal warning notice.” In other words, the new owner must first notify the tenant by a warning letter that they have purchased the property and that rents must now be paid to them. However, if the tenant defaults after this notification, the standard default procedure can be initiated.

3. In the Presence of an Eviction Undertaking: If there is a valid written eviction undertaking, this is a strong ground for eviction. However, as stated in the decision of the 6th Civil Chamber of the Supreme Court (2011/13723), it is mandatory to initiate the lawsuit or enforcement proceedings within one month following the committed date. If this period is missed, the right to eviction based on the undertaking is lost.

4. Procedural Errors and Other Critical Details: Decisions show that eviction lawsuits can be lost due to procedural errors:

Improper Service: It is mandatory for the notice or payment order to be served to the tenant in accordance with the law. For instance, if a notification to a company is made to an unauthorized employee instead of an authorized representative, it invalidates the service (Supreme Court-6th Civil Chamber, 2011/11557).

Notice to the Wrong Person: The notice must be sent to the tenant who is a party to the lease agreement. A notice sent to someone who is not a tenant does not produce legal consequences (Supreme Court-6th Civil Chamber, 2010/973).

Deficiency in Enforcement Proceedings: When initiating enforcement proceedings with a request for eviction, it is mandatory to explicitly state the request for “eviction” in the enforcement application. Otherwise, eviction cannot be requested subsequently (Supreme Court-6th Civil Chamber, 2012/2336).

Conclusion

In light of the judicial decisions presented, it is definitively understood that sending a notice for the tenant’s eviction is a necessary but by no means sufficient step. The eviction process is a legal procedure that must be based on a legal foundation, requiring meticulous adherence to formal and temporal conditions.

For landlords to be successful in the eviction process:

They must have a valid reason for eviction as specified in the Turkish Code of Obligations (default, two justified notices, personal need, undertaking to vacate, etc.),

They must duly serve a notice to the tenant that is appropriate for this reason and contains all elements required by law,

They must file an eviction lawsuit in the Civil Court of Peace within legal deadlines or initiate enforcement proceedings with a request for eviction through the Enforcement Directorate,

They must comply with all procedural rules during the lawsuit and enforcement processes.

Considering the complexity of the process and that a small procedural error can lead to losing the case, it is strongly recommended to seek professional legal support from a lawyer. A sample article suggestion.

Why is Tuzla Lawyer Support Necessary?

The tenant eviction process is a multi-stage legal process strictly bound by procedural and time conditions, which is not completed merely by sending a notice. The slightest error regarding eviction grounds, the content of the notice, notification procedures, and court or enforcement procedures can lead to the rejection of the case.

As Tuzla is one of Istanbul’s regions with the highest rental and commercial property activity, lawyers specialized in this field play a critical role. Expert lawyers operating in Tuzla:

They are intimately familiar with regional practices and court procedures; they ensure the swift and correct progress of the process in Civil Courts of Peace and Enforcement Offices.

They ensure the preparation of the notice or eviction enforcement proceeding in compliance with legal requirements and prevent possible deficiencies.

They determine the correct strategy according to the grounds for eviction (default, eviction undertaking, new owner’s need, etc.) and minimize risks during the litigation process.

By preventing procedural errors, they prevent loss of rights and ensure the effective conclusion of the eviction process.

Therefore, in regions such as Istanbul, Tuzla lawyer, Pendik lawyer, Kartal lawyer, Maltepe lawyer, Aydınlı lawyer, Orhanlı lawyer, Gebze lawyer, Çayırova lawyer, Tepeören lawyer, Darıca lawyer, Bayramoğlu lawyer, to prevent loss of rights and to complete the process in the shortest and safest way during tenant eviction, receiving professional support from a lawyer experienced in eviction law in Tuzla is of great importance.