PETITION FOR EVICTION OF A TENANT WHO HAS NOT PAID RENT

Eviction Case under Article 269 of the Enforcement and Bankruptcy Law

… TO THE ENFORCEMENT DIRECTORATE
File Reference No: …/…

… TO THE ENFORCEMENT LAW COURT
……………………

REQUESTING PARTY FOR EVICTION (CREDITOR) : Name and Surname – (Turkish Republic Identity Number: …) – Address
REPRESENTATIVE : Attorney's Name and Surname – Address
DEBTOR (TENANT) : Name and Surname – Address

SUBJECT OF THE LAWSUIT : Our request is for a court order the eviction of the debtor who failed to pay rent on time.

EXPLANATIONS

1. owned by my client , located at … address, is occupied by the debtor tenant … The debtor has not been paying the monthly rent due under the lease agreement for a long time.

2. An enforcement proceeding regarding unpaid rent has been initiated against the debtor through the Enforcement Directorate of …/… Case No. 1. The debtor did not object to the debt within the legal 7-day period and also failed to pay the rent within 30 days.

3. Article 269 and subsequent articles of the Enforcement and Bankruptcy Law , it is possible to evict a tenant who fails to pay rent on time. The debtor has created the conditions for eviction by failing to pay the rent within the legal period.

4. The Supreme Court's practice is also in this direction:

   • The 12th Civil Chamber of the Supreme Court of Appeals, Case No. 2016/18527, Decision No. 2018/2500, ruled: “If a debtor who fails to pay rent does not make the payment within 30 days of the initiation of enforcement proceedings, a decision shall be made to evict them from the rented property.”

   • Supreme Court 6th Civil Chamber, Case No. 2015/9083 E., Decision No. 2016/7124 K.: “If the debtor has not objected to the payment order within the prescribed time and has not paid the debt, the conditions for eviction are met.”

5. For these reasons, it is necessary to order the eviction of the debtor tenant.

EVIDENCE

• … Enforcement Directorate’s file numbered …/…

• Rental agreement,

• Notification receipts,

• Land registry records,

• Witness testimonies and other legal evidence.

LEGAL GROUNDS

Turkish Enforcement and Bankruptcy Law, Article 269 and subsequent articles, Code of Civil Procedure, Turkish Code of Obligations, and other relevant legislation.

CONCLUSION AND REQUEST

For the reasons stated and explained above;

1. of the debtor tenant from the property located at … address,

2. The court costs and attorney fees shall be borne by the debtor

I respectfully request and demand, on behalf of my client, that a decision be made.

…/…/…

Plaintiff's Attorney
: Name and Surname
Signature

                                                                     YAĞMUR YORULMAZ, LAW FACULTY STUDENT