1. Initiation of Enforcement Proceedings (Duration and Procedure)
In the event that the tenant does not vacate the property despite a valid eviction undertaking obtained from a notary public, the first step for the lessor is to apply to the enforcement office and initiate enforcement proceedings with a request for eviction.
Legal Period: In accordance with Article 352/1 of the Turkish Code of Obligations numbered 6098 and Article 272 of the Enforcement and Bankruptcy Law (EBL), enforcement proceedings must be initiated or a lawsuit filed within one month from the promised eviction date. This period is preclusive.
Method of Enforcement: The lessor initiates eviction proceedings by submitting the notarized undertaking to the enforcement office, in accordance with Article 272 and subsequent articles of the EBL. In this context, an eviction order “Sample 14” is sent to the tenant.
Eviction Order: With the eviction order, the tenant is warned to vacate and hand over the property within fifteen days, and to notify any objection within seven days.
2. Tenant’s Objection and Suspension of Proceedings
The tenant, upon whom the eviction order has been served, may file an objection with the enforcement office within the seven-day legal period.
Effect of Objection: An objection filed by the tenant within the legal period automatically suspends the eviction proceedings.
Scope of Objection: Since the signature and date in notarized commitments are certified by the notary public, the tenant cannot easily deny the signature or date. However, the tenant may object with claims such as the rental agreement being renewed or extended.
3. Annulment of Objection and Eviction Lawsuit Process
Upon the tenant’s objection, the landlord must apply to the judiciary to ensure the continuation of the enforcement proceedings. Notarized commitments grant the landlord optional rights:
Annulment of Objection in the Enforcement Court: If the commitment has been drawn up ex officio by the notary public or its signature has been certified, the landlord may request the Enforcement Court to annul the objection and issue an eviction order, in accordance with Article 275 of the Enforcement and Bankruptcy Law (İİK).
Burden of Proof: According to Article 275/2 of the İİK, against a notarized document, the tenant is obliged to prove that the lease relationship has been renewed or extended only with a document of the same force and nature, which is either notarized or whose signature is admitted by the landlord. Defenses of extension made with ordinary written documents are not considered valid unless accepted by the landlord.
Annulment of Objection in the Civil Court of Peace: The landlord, if they wish, may also file a lawsuit for the annulment of the objection and eviction based on general provisions in the Civil Court of Peace, instead of the Enforcement Court.
4. Enforcement of Eviction and Forced Removal
If, as a result of the trial, the court decides to annul or remove the objection and evict the property, the enforcement phase begins.
Forced Eviction: Even if the decision to lift the objection has not become final (provided that the period in the eviction order has passed), the forced eviction of the property and its delivery to the lessor are carried out through the enforcement office.
Legal Interest: If the enforcement proceeding has become final (if no objection has been made), there is no legal interest in filing a separate eviction lawsuit; in this case, forced eviction should be directly requested from the enforcement office.
5. Status of Third Parties
If there is a person other than the tenant in the property sought to be evicted, and this person cannot present an official document proving their right to occupy, they will be immediately evicted. However, if this person declares that they have been there since a date prior to the lease agreement, and this situation is confirmed by an on-site investigation, the enforcement officer will postpone the eviction and report the situation to the Enforcement Court.
Additional Information from Secondary Sources:
Preservation of the Lawsuit Filing Period: Initiating an enforcement proceeding within one month from the committed date preserves the statutory period for a subsequent eviction lawsuit. This means that if the enforcement proceeding was initiated within the period, an eviction lawsuit can still be filed even after the one-month period has passed.
Issue of Fees: In eviction lawsuits filed in Civil Courts of Peace, the case value must be calculated based on the last year’s rent paid, and the proportional fee must be deposited over this amount. In case of a fee deficiency, the court is obliged to grant a period for completion.
Validity Condition: Claims such as the eviction undertaking being signed on the same day as the lease agreement or signing a blank paper are generally considered invalid in the face of notarized documents. According to Supreme Court precedents, a person who signs a blank paper must bear its legal consequences. A publication suggestion.
Noter onaylı tahliye taahhüdü varsa kiracı mutlaka çıkar mı?
Evet. Noter onaylı tahliye taahhüdü, hukuken en güçlü tahliye sebeplerinden biridir. Kiracı, taahhüt edilen tarihte taşınmazı boşaltmazsa, kiralayan 1 ay içinde icra takibi başlatabilir veya dava açabilir. Süre kaçırılırsa tahliye hakkı düşer.
Kiracı icra takibine itiraz ederse ne olur?
Kiracının 7 gün içinde yaptığı itiraz, tahliye takibini durdurur. Ancak noter onaylı taahhütlerde kiracının itiraz imkânı oldukça sınırlıdır. İcra Mahkemesinde itirazın kaldırılması talep edilerek tahliye kararı alınabilir.
Tahliye taahhüdü varsa tahliye için mutlaka dava mı açmak gerekir?
Hayır. Kiracı itiraz etmezse, dava açmaya gerek yoktur; doğrudan icra müdürlüğünden zorla tahliye istenir. İtiraz varsa, İcra Mahkemesi veya Sulh Hukuk Mahkemesi yolu tercih edilir. Yanlış yol seçimi, aylarca zaman kaybına neden olabilir.
Tahliye kararından sonra kiracı zorla çıkarılabilir mi?
Evet. Tahliye kararı verildiğinde (itirazın kaldırılması veya iptali), karar kesinleşmeden dahi icra müdürlüğü aracılığıyla zorla tahliye mümkündür. Taşınmazda üçüncü kişiler varsa, resmi belge ibraz edemeyenler derhal tahliye edilir.
Why is Expert Lawyer Support Necessary?
Enforcement and eviction processes based on a notarized eviction undertaking, although seemingly simple, are in practice one of the areas where loss of rights occurs most frequently. Especially in the Tuzla, Kartal, Pendik, and Tepeören regions, there are significant practical differences between enforcement offices and court practices.
The importance of working with an expert Tuzla eviction lawyer / Tuzla lease lawyer / Tuzla enforcement lawyer: preventing the lapse of the 1-month forfeiture period,
Preventing the rejection of the case due to an incorrect follow-up method (enforcement or lawsuit?),
Neutralizing invalid objections from the tenant, such as “the lease was renewed”,
The fastest execution of the eviction decision,
Proper management of eviction obstacles related to third parties,
Eliminating the risk of procedural rejection due to fee, expense, and time errors, proceeding with a firm specialized in enforcement and rental law with extensive practical experience specifically in Istanbul’s Anatolian Side in this field can reduce a process that could take months to weeks.
2M Law Office provides professional support in the Tuzla – Kartal – Pendik – Tepeören regions on matters such as enforcement proceedings based on an eviction undertaking, rental disputes, and forced eviction.
