Eviction of the Tenant Due to the Expiration of the Lease

In this article, information will be given about the Eviction of the Tenant Due to the Expiration of the Lease.

At the end of the lease period, the lessor must have a written lease agreement in order to apply for eviction without judgment. It is important to include an eviction commitment , especially in residential and workplace rents.

According to the decisions of the Supreme Court, the eviction commitment given on the same date as the lease agreement is not considered valid because it was taken by taking advantage of the difficult situation of the tenant.

In case of termination of the lease agreement, the lessor may request the evacuation of the property through proceedings without a judgment. This situation is clearly stated in the provision of Article 272 of the EBL . According to this;

“The eviction of a real estate rented with a contract may be requested within one month after its expiry date by submitting the contract to the enforcement office.

Thereupon, the bailiff orders the evacuation and delivery of the immovable property within fifteen days by notification of an evacuation order.

In the evacuation order:

If the lessor and the tenant and their representatives, if any, have an objection regarding the names, reputations and residences and the date of the contract and that the lease has been renewed or extended, it shall be written that they will be forcibly removed if they do not apply to the office within seven days and do not object or evacuate on their own.

The tenant may object to this eviction order within seven days ; Otherwise, he becomes obliged to evacuate within fifteen days .

As a result, if the tenant's lease expires, the eviction process must be followed carefully. You may face extra litigation costs as a result of procedural and substantive errors. It is very important to know the process well and follow the current legislation and Supreme Court decisions.