Eviction of the Leased Property Due to Non-Payment of Rent

Introduction

Lease agreements are of significant importance both in meeting individuals’ housing needs and in regulating commercial life. The tenant’s primary obligation is to pay rent on time. Non-payment of rent is considered a circumstance that jeopardizes the continuity of the contract. In such cases, the landlord is granted various legal remedies to seek the eviction of the leased property. Under the Turkish Code of Obligations and the Execution and Bankruptcy Law, three main remedies are provided to protect the landlord: termination due to default, termination based on two justified warnings, and termination via non-judicial enforcement proceedings.

Payment of Rent and Ancillary Charges

The payment of rent is the fundamental obligation of the lease agreement. The maturity of the debt arises according to the due date specified in the contract. In cases where the contract does not specify a due date, unless local custom provides otherwise, rent and ancillary charges must be paid at the end of each month and, at the latest, at the end of the lease period. Rent not paid on time constitutes default on the part of the tenant.

Moreover, the lease relationship is not limited solely to rent. Ancillary charges are also included within the tenant’s payment obligations. Such charges may include items like maintenance fees, heating or cooling system expenses, and similar costs. Failure to pay these charges also results in tenant default.

Eviction Due to Default

When the tenant fails to pay rent and ancillary charges, the most commonly used remedy is eviction due to default. For a tenant to be considered in default, the debt must have matured and remained unpaid within the specified period. The landlord is obliged to issue a written notice to the tenant granting a period to pay the overdue rent and ancillary charges.

According to the Turkish Code of Obligations, a minimum period of thirty days must be granted to tenants of residential and roofed commercial properties. The notice must be in writing and served to the tenant. If payment is not made within the granted period, the lease may be terminated and eviction requested. Eviction due to default provides the landlord with a fast and effective solution, especially in cases where rent has remained unpaid for an extended period.

Eviction Based on Two Justified Warnings

Continuous delay in rent payments by the tenant constitutes a breach of the purpose of the lease. For this reason, the legislator has allowed eviction for tenants who, due to non-payment of rent, have received two justified warnings. If two justified warnings have been issued for different months within the same rental period, the landlord is entitled to file an eviction lawsuit within one month from the end of that period.

The warnings must be in writing, served to the tenant, and relate to unpaid rent. Warnings concerning paid amounts or disputed claims do not count as justified warnings. Separating the rent of a single matured month into multiple warnings does not constitute two justified warnings. The rent must be unpaid at the time of service of the warning. Payments made before the notice nullify its justification, whereas payments made after the notice do not prevent the formation of a justified warning.

Eviction based on two justified warnings is considered an effective method against tenants who pay rent irregularly, serving as a deterrent against continuous delays.

Eviction Through Non-Judicial Enforcement Proceedings

Non-judicial enforcement proceedings constitute another remedy in the event of non-payment of rent. The landlord may apply to the enforcement office to issue a payment order for the rent debt. The payment order is served on the tenant, who is granted seven days from the date of service to object to the debt. If the tenant does not object, or if the objection is not raised within thirty days and the debt becomes finalized without payment, eviction may be requested.

If the tenant does not object and fails to pay within thirty days, the landlord may request eviction from the enforcement court within six months following the expiration of the payment period. If the tenant objects, but the objection is found to be unjustified and certain documents exist, the landlord may request removal of the objection and eviction within the same period. If the necessary documents are not available, the annulment of the objection must be requested from the civil court of peace. The period for filing an objection annulment action in civil court is one year.

Non-judicial enforcement proceedings are frequently preferred in practice, as they allow both the collection of rent and the eviction of the leased property in the same process. Moreover, the issued payment order can also serve as a substitute for a justified warning.

Statute of Limitations, Maturity, and Burden of Proof

For rent claims, a statute of limitations of five years applies. Once this period expires, the rent debt can no longer be claimed. Maturity refers to the point at which the debt becomes payable. Eviction cannot be requested for rent debts that are not yet due.

Regarding the burden of proof, the landlord must prove the existence of the lease relationship and the amount of rent, while the tenant bears the burden of proving that the debt has been paid.