Author: M. Furkan Yüce

The eviction process in case the tenant fails to pay the dues.

M. Furkan Yüce

Eviction of Non-Paying Tenants

Eviction of Non-Paying Tenants

As a rule, the obligation to pay the dues belongs to the flat owner according to the Flat Ownership Law. The flat owner is obliged to pay the dues even if he does not use the house.

However, if the house in question is rented, in accordance with Article 22 of the Condominium Law.   Those who have the right of residence (sükna) or those who benefit continuously based on another reason are jointly and severally liable.

The meaning of joint liability mentioned in the law; Each debtor is responsible for all of the debt, not just a part of it. Therefore, as seen in practice, the Site or Apartment management has the right to collect the dues debt by initiating enforcement proceedings against the flat owner along with the tenant. If the tenant pays the debt to the flat owner, the flat owner can recourse by demanding this amount from the tenant and opening a separate enforcement proceeding.

The flat owner may request the eviction of the tenant who does not pay the dues.

In accordance with Article 315 of the Turkish Code of Obligations ;

"If the tenant does not fulfill his obligation to pay the rent or ancillary expenses that are due after the delivery of the leased property, the lessor may give the tenant a period of time in writing and inform him that he will terminate the contract if he does not perform within this period . The period to be given to the tenant is at least ten days, for residential and roofed workplaces. "For rents, it is at least thirty days . This period starts from the day following the date of written notification to the tenant."

In accordance with Article 314 of the Turkish Code of Obligations ;

"Unless there is a contract or local custom to the contrary, the tenant is obliged to pay the rent and, if necessary, ancillary expenses, at the end of each month and at the end of the rental period at the latest ."

In accordance with Article 341 of the Turkish Code of Obligations ;

“The tenant is obliged to bear the usage expenses such as heating, lighting and water in residential and roofed workplace rentals, unless otherwise stipulated in the contract or if there is no local custom to the contrary.

  In this case, the Tenant may be requested to be evicted on the condition that it is reduced to DEFAULT in accordance with Article 315 of the Turkish Code of Obligations .

The points to be taken into consideration when the Tenant is in Default are as follows;

· A WARNING must be issued to the tenant via written notification.

· Rent or dues expenses must not be paid .

· The period given in the notice for payment must be at least thirty days for residential and roofed workplace rentals .

· It must be clearly stated in the notice that if the rent or dues expenses are not paid within the given period, the contract will be terminated .

In addition , the payment order with an eviction notice issued for rent receivables sent in accordance with Article 269/1 of the Execution and Bankruptcy Law has the force of a notice of default issued in Article 315 of the Turkish Code of Obligations No. 6098. However, the points to be considered here are as follows:

· The payment order sent to the tenant must include an eviction notice and a period of at least 30 days must be given for residential and roofed workplace rentals.

· In the payment order sent to the tenant, article 315/1 of the Turkish Code of Obligations. It is necessary to request the receivable written in the article .

To summarize, if the tenant who is obliged to pay dues does not pay his dues, it is possible to evict him if the conditions stated above are met. We think that it would be safer for you to follow the process with a lawyer to avoid making procedural and substantive mistakes during the trial and facing extra judicial costs.


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