WHAT ARE THE FASTEST WAYS TO EVICT A TENANT?
WHAT ARE THE FASTEST WAYS TO EVICT A TENANT?
This week, I will attempt to explain to my esteemed readers the applications regarding the fastest legal methods for evicting a tenant, which is the most curious topic in rental law and frequently encountered in precedent rulings. The Court of Cassation Civil Chamber has issued a decision that closely concerns millions of tenants. Bad news for tenants has arrived from the Court of Cassation. With the decision taken, a blank sheet of paper signed as a 'rental commitment' has been found to be in accordance with the law. In this case, tenants should not sign blank papers.
Eviction lawsuits regarding the eviction of tenants are examined by the Civil Courts of Peace and Enforcement Courts. Due to the fact that trials in eviction lawsuits filed by landlords in Civil Courts of Peace take longer, there are delays in timelines. However, trials in eviction lawsuits filed by landlords in Enforcement Courts take less time. Therefore, the fastest way for a landlord to evict a tenant is possible through eviction lawsuits to be filed in Enforcement Courts. The competent courts vary according to the subject of the eviction lawsuits, the reasons for eviction, and the tenant's objections. Namely; the Enforcement Court is considered competent in an eviction lawsuit arising from the tenant's failure to pay rent regularly. However, the competent court for an eviction lawsuit to be filed against the tenant due to necessity is the Civil Court of Peace. For this reason, the fastest and most accurate method of evicting a tenant is to initiate enforcement proceedings due to rent or dues debt, or in the event that there is an eviction commitment given by the tenant, to initiate enforcement proceedings based on the eviction commitment and to evict the tenant through an eviction lawsuit to be filed in the Enforcement Court. The target duration specified as the trial period for eviction lawsuits to be filed in Enforcement Courts is set at 120 days.
For this reason, using the fastest legal methods in eviction lawsuits to be filed against a tenant and participating in the trials is of importance in terms of managing the process.