Eviction of Tenant for Non-Paying Dues
According to the Law on Condominium Ownership, the obligation to pay the maintenance fee belongs to the flat owner. The flat owner is obliged to pay the maintenance fee even if he/she does not use the house.
However, if the house in question is rented out, those who have the right to reside (residence) in accordance with Article 22 of the Condominium Law or those who continuously use it for another reason are jointly and severally liable.
The meaning of joint liability mentioned in the law is that each debtor is responsible for the entire debt, not just a part of it. Therefore, as seen in practice, the Site or Apartment management has the right to initiate enforcement proceedings against the flat owner together with the tenant and collect the dues debt. If the flat owner pays the tenant’s debt, the flat owner can recourse by requesting this fee from the tenant and opening a separate enforcement proceeding.
The Flat Owner may request eviction of a Tenant who does not pay the dues.
In accordance with Article 315 of the Turkish Code of Obligations;
“Kiracı, kiralananın tesliminden sonra muaccel olan kira bedelini veya yan gideri ödeme borcunu ifa etmezse, kiraya veren kiracıya yazılı olarak bir süre verip, bu sürede de ifa etmeme durumunda, sözleşmeyi feshedeceğini bildirebilir. Kiracıya The period to be given is at least ten days, and for residential and roofed workplace rents it is at least thirty days.. Bu süre, kiracıya yazılı bildirimin yapıldığı tarihi izleyen günden itibaren işlemeye başlar.”
In accordance with Article 314 of the Turkish Code of Obligations;
“Kiracı, aksine sözleşme ve yerel âdet olmadıkça, kira bedelini ve gerekiyorsa yan giderleri, her ayın sonundave en geç kira süresinin bitiminde ödemekle yükümlüdür.”
In accordance with Article 341 of the Turkish Code of Obligations;
“Kiracı, konut ve çatılı işyeri kiralarında, sözleşmede aksi öngörülmemişse veya aksine yerel âdet yoksa, ısıtma, aydınlatma ve su gibi kullanma giderlerine katlanmakla yükümlüdür”
In this case, the Tenant can 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 considered when putting the Tenant into Default are as follows;
· A NOTIFICATION must be issued to the tenant via written notice.
· Rent or membership dues must not have been paid.
· The period to be given in the notice for payment must be at least thirty days for residential and roofed workplace rents.
· It must be clearly stated in the notice that the contract will be terminated if the rent or dues are not paid within the given period.
Ayrıca İcra İflas Kanunu Madde 269/1 uyarınca gönderilen kira alacaklarına ilişkin olarak düzenlenen tahliye ihtarlı ödeme emri, 6098 sayılı Türk Borçlar Kanunu’nun 315. maddesinde düzenlenen temerrüt ihtarnamesi hükmündedir. Ancak burada dikkat edilmesi gereken hususlar şu şekildedir;
· The payment order to be sent to the tenant must include an eviction notice and a minimum of 30 days must be given for residential and roofed workplace leases.
Payment sent to tenant Requesting a receivable as stated in Article 315/1 of the Turkish Code of Obligations is necessary.
In summary, if a tenant who is obliged to pay a fee does not pay the fee, it is possible to be evicted if the conditions written above are met. We think that it would be safer for you to follow the process with a lawyer so that you do not make mistakes regarding the procedure and the substance during the trial and encounter extra litigation costs.