One of the most common problems in the daily life of the landlords is the evacuation of the tenant who does not pay rent and the collection of the rent.

The lease agreement is regulated in the Turkish Code of Obligations and there are legal opportunities for the evacuation of tenants who do not pay rent under this law and some related laws. First of all, it should be stated that the rental agreement does not have to be made in writing. Writtenness is only a requirement of proof. In other words, if the written lease agreement is not made orally agreed and the tenant does not pay the rent, I do not have the idea that I cannot take my money. As stated, writing is only a condition of proof, not a condition of validity. However, the written lease agreement at the stage of litigation provides great convenience in terms of proof.

According to Article 13 of the Turkish Code of Obligations, the lessee is obliged to pay the rent. The lessee must pay the rent in full on the date or in the date range specified in the lease agreement. Otherwise, the tenant will default. It is possible to evict tenants who do not pay their rent.
How to evict tenants who do not pay rent?
There are two options for this. These;
Two Right Cautions With The Right Of Evictions
The first way to evacuate the tenant who does not pay rent is to evacuate by filing an eviction case at the Magistrates' Court where the immovable is located in case a tenant is sent to the tenant for not paying his rent during a lease period.

The eviction case must be filed within one month of the end of the lease period in which two justified warnings are withdrawn. This period is the debilitating period. By sending two justified warnings, it was sought that the warnings be written in eviction, but it was not deemed necessary to be through a notary public. However, in terms of proof, it will be healthy to do it through a notary public. Execution proceedings for unpaid rent amounts are also a warning.
2.To start the execution proceedings demanded evacuation
The other option for evacuation of tenants who do not pay rent is to initiate enforcement proceedings with direct evacuation request without filing a lawsuit against the tenant who does not pay his rent.
Execution proceedings demanding eviction is a faster and more practical way than evacuation case in terms of evacuation of tenant. That is, the debtor in the payment order issued to the debtor in the enforcement proceedings following the evacuation request, the debtor may object to the debt for 7 days after receiving the notification of the payment, but if he does not pay the rent price within 30 days, otherwise he will be released. The debtor does not object to the follow-up within a period of 7 days, but shall not be released from the immovable if he pays his debts, including all follow-up costs, within a period of 30 days. If the debtor objectes to the proceedings within 7 days, the execution proceedings will stop.
3. With Evacuation Commitment
If the tenant has signed a release undertaking with his own consent after the signing of the lease agreement, the lessor may evacuate the tenant with a commitment to release without giving any reason.
What to do if the lessor has a written lease agreement?
In order to resume follow-up, the creditor has to sue for the elimination of the objection. If there is a written lease agreement with the wet signature of the debtor in the hands of the creditor, it is a more practical way for the creditor to bring an action for the elimination of the objection in the enforcement court of law. In the case of the removal of the objection, the executive judge only checks whether the rent is paid. If the rent debt is not paid, the property shall be evacuated. If the debtor has objected to the signature in the written lease agreement, the execution judge shall issue the eviction if he considers that the signature belongs to the debtor.
Written in the hands of the lessor or what to do?
If the lessor does not have a written lease agreement with the signatory of the debtor, or if the creditor has lost the lease agreement or the lease agreement has been established orally, then there is no document within the scope of Article 68 of the Execution and Bankruptcy Law no. In this case, the creditor should initiate the cancellation of the appeal in the civil courts. In contrast to the abolition of objections, in case of cancellation of objections, the debtor may raise objections other than the previous objections. In cases of cancellation of objection, the proceedings are carried out within the scope of Civil Procedure Law no.