How to Evict a Tenant Who Does Not Pay Rent?

One of the most common problems encountered by property owners in daily life is the eviction of tenants who do not pay rent and the collection of rent.

The lease agreement is regulated in the Turkish Code of Obligations and there are legal possibilities for the eviction of tenants who do not pay rent under this law and some related laws. First of all, it should be stated that the lease agreement does not have to be made in writing. Being in writing is only a requirement of proof. In other words, if a written lease agreement is not made and only verbally agreed upon and the tenant does not pay the rent, one should not think that I do not have a written lease agreement and cannot get my money. As stated, being in writing is only a requirement of proof, not a requirement of validity. However, a written lease agreement provides great convenience in terms of proof during the lawsuit phase.

According to Article 13 of the Turkish Code of Obligations, the tenant is obliged to pay the rent. The tenant must pay the rent in full on the date or within the date range specified in the lease agreement. Otherwise, the tenant is in default. It is possible to evict a tenant who does not pay his rent.
How to Evict a Tenant Who Does Not Pay Rent? 
There are two options for this. These are;
By Filing an Eviction Case by Serving Two Justified Warnings
The first way to evict a tenant who does not pay rent is to evict the tenant by filing an eviction case in the Civil Court of Peace where the real estate is located, if two justified warnings are sent to the tenant due to non-payment of rent within a rental period.

The eviction case must be filed within one month from the end of the lease period in which two justified notices were given. This period is a limitation period. In the eviction by sending two justified notices, it was sought that the notices be in writing, but it was not deemed necessary to be made through a notary. However, it would be healthy to do it through a notary in terms of the requirement of proof. Initiating enforcement proceedings for unpaid rents is also a warning.
2.By Initiating Enforcement Proceedings with Request for Eviction
The other option for evicting a tenant who does not pay rent is to initiate enforcement proceedings with a request for eviction directly, without filing a lawsuit against the tenant who does not pay rent.

Enforcement proceedings with a request for eviction are a faster and more practical way to evict a tenant than an eviction lawsuit. For example, in the enforcement proceedings with a request for eviction, the payment order issued to the debtor states that the debtor can object to the debt within 7 days after receiving the payment order, and if he/she does not, he/she must pay the rent within 30 days or he/she will be evicted. If the debtor does not object to the enforcement within the 7-day period, but pays his/her debt including all enforcement expenses within the 30-day period, he/she will not be evicted from the property. If the debtor objects to the enforcement within 7 days, the enforcement proceedings will be stopped.
3.With the Undertaking of Evacuation
If the tenant signs an eviction commitment of his own free will after the lease agreement is signed, then the landlord may evict the tenant with an eviction commitment without giving any reason.
What to Do If the Lessor Has a Written Lease Agreement?
In order to resume the suspended pursuit, the creditor must file a lawsuit to remove the objection. If the creditor has a written lease agreement with the wet signature of the debtor, it is more practical for the creditor to file a lawsuit to remove the objection in the enforcement civil court. In the lawsuit to remove the objection, the enforcement civil judge only looks at whether the rent debt has been paid. If the rent debt has not been paid, he or she orders the eviction of the real estate. If the debtor objects to the signature on the written lease agreement, the enforcement judge rules the eviction if he or she is convinced that the signature belongs to the debtor.
What to Do If the Lessor Does Not Have a Written Lease Agreement?
If the lessor does not have a written lease agreement signed by the debtor, or if the creditor has lost the lease agreement, or if the lease agreement was established verbally, then the creditor does not have a document within the scope of Article 68 of the Enforcement and Bankruptcy Law No. 2004. In this case, the creditor must file a lawsuit for the cancellation of objection in the civil courts of first instance and have the objection cancelled. Unlike the lawsuits for the removal of objection, in the lawsuits for the cancellation of objection, the debtor may put forward other objections in addition to his previous objections. In the lawsuits for the cancellation of objection, the trial is conducted within the scope of the Code of Civil Procedure No. 6100.