When Can a Tenant Be Evicted Due to Rent Debt?
This article provides general information. Legislation, time limits and amounts may change over time; obtain an up-to-date assessment of your specific situation.
Non-payment of rent can lead to enforcement proceedings and eviction lawsuits between landlords and tenants. However, the mere existence of rent debt does not mean that a tenant can be evicted immediately without any legal procedure. Attorney Aylin Esra Eren stated that the available legal avenues and statutory deadlines for eviction must be evaluated carefully.
What can a landlord do if the rent debt is not paid?
In residential and roofed workplace leases, if the tenant fails to pay the rent or ancillary expenses, a written notice and payment process may be initiated under Article 315 of the Turkish Code of Obligations (TBK).
If the debt is not paid within the statutory period granted to the tenant, the lessor may resort to terminating the contract and requesting eviction within the framework of statutory conditions. Enforcement proceedings may also be initiated for the collection of unpaid rent and eviction.
Attorney Aylin Esra Eren: “Deadlines in enforcement proceedings must strictly be checked”
Attorney Aylin Esra Eren made the following assessment:
“In evictions based on rent debt, the content and date of the service of notice are of paramount importance. In residential and roofed workplace leases, the tenant must be granted at least thirty days for termination due to default. In eviction through enforcement proceedings, the time limit to object to the payment order and the period granted for payment of the debt are distinct from each other.
Tenants ignoring the payment order may suffer serious losses of rights. Landlords must also conduct the enforcement request and eviction proceedings in accordance with the legislation.”
Is eviction possible due to two justified warning notices?
If the tenant causes two justified warning notices to be issued due to non-payment of rent within the same lease year, this may constitute grounds for an eviction lawsuit under the conditions set forth in Article 352 of the Turkish Code of Obligations (TBK).
In this case, whether the warnings are justified, which lease period they relate to, and the statutory time limit for filing a lawsuit must be examined. The existence of both warnings alone does not mean automatic eviction independently of other statutory requirements.
Can eviction be prevented if the rent debt is paid?
The answer depends on the legal remedy pursued and the timing of payment. In eviction through enforcement proceedings, paying the debt completely within the statutory payment period can entail significant legal consequences. However, missing the payment deadline, the current stage of enforcement, and whether other grounds for eviction exist must be evaluated separately.
Eren stated, “If the tenant has a debt, they must preserve the payment documents; if they object to the debt, they must do so within the statutory period and through the proper procedure. For the landlord, accurately calculating the rent claim and ensuring that notices comply with legislation are also essential.”
Conclusion: Eviction due to rent debt takes place within the framework of statutory conditions and procedural rules. Not missing the deadlines for warnings, payment orders, and filing lawsuits is of critical importance for both tenants and landlords.