Eviction of Leased Property Through Enforcement Proceedings

Generally, lease agreements are bilateral, continuous contracts that impose an obligation to allow the use of the property, in accordance with their primary obligation. The Turkish Code of Obligations (TBK) has established special provisions for residential and commercial property leases, particularly regarding the termination of these agreements. Furthermore, whether these agreements are for a fixed or indefinite period will also have different effects on termination. Examining the legal regulations reveals that certain notice periods are required to protect the parties from surprise termination. The situation where eviction from leased properties is subject to enforcement proceedings without a court order is an exceptional circumstance; it occurs when the tenant fails to pay the rent, which is their primary obligation, or when the lease term expires.[1]

• Non-Payment of Rent (Turkish Code of Obligations Article 315): A tenant who fails to pay rent must be given written notice of termination. This notice must state that the contract will be terminated in case of non-payment, and the notice must specify a minimum payment period of 10 days, or 30 days if the tenant is a residential or commercial property.
• Termination of Lease Agreements (Turkish Code of Obligations Articles 327, 328 et seq.): Fixed-term lease agreements terminate at the end of their term, but if the parties' conduct indicates that the agreement continues, it becomes an "indefinite-term contract." If the lease concerns a residential or commercial property, the fixed-term contract is extended by one year as required by law.

To calculate the notice period for termination of indefinite-term contracts, the start date of the lease agreement must first be determined. Then, the period up to the current date is divided into 6-month increments, and notice is given 3 months before the end of the last 6-month period (Turkish Code of Obligations, Article 329). However, it should be noted that this provision does not apply to fixed-term residential or commercial leases, as the contract will be extended for one year according to the law.

• Termination of Lease Agreements for Residential and Commercial Properties (Turkish Code of Obligations, Article 347): The landlord cannot terminate the contract based solely on the expiration of the term. However, the tenant may terminate the contract by giving 15 days' notice before the expiration of the term.
• Eviction Undertaking: According to the jurisprudence of the Supreme Court of Appeals, if an eviction undertaking is made simultaneously with the lease agreement, it renders the undertaking invalid. Based on a legally prepared undertaking, the landlord can terminate the lease agreement within one month of the specified eviction date, either by applying for enforcement or by filing a lawsuit. (Turkish Code of Obligations 352/1)

Following these general explanations, the eviction of leased properties through enforcement proceedings can be summarized as follows:

• If the rent has not been paid;[2]

If the landlord demands both outstanding rent payments and the eviction of the tenant, they can initiate enforcement proceedings without a court order. Following the debtor's request for enforcement, a payment order is sent to the tenant in accordance with Article 269 of the Enforcement and Bankruptcy Law and Article 35 of the Enforcement and Bankruptcy Law Regulation. The tenant (debtor) who receives the payment order can either object within 7 days of notification or choose not to object, thus allowing the enforcement proceedings to become final. The tenant must clearly and definitively object to the lease agreement; it is also possible for them to acknowledge the existence of the lease agreement while raising other grounds for objection. For the landlord to be able to request the lifting of the objection/eviction if the tenant objects to the existence of the agreement, the lease agreement must be in writing and notarized.

If the tenant does not object to the payment order, the enforcement proceedings regarding the rent arrears become final; for eviction, the landlord must also request an eviction order from the enforcement court within 6 months of the expiration of the notice period.

• If the lease term has expired;

If the properties in question are rented out other than residential/covered workplaces, the tenant may request the enforcement office to initiate eviction proceedings without a court order within 1 month from the expiry of the term. If the tenant does not object within 7 days of the notification of the eviction order, the eviction order becomes final.[3] If the property is not vacated within 15 days, it will be forcibly vacated by the enforcement officer.

If the property in question is a rented premises used as a residence or commercial property, the eviction undertaking becomes crucial here because, as mentioned above, the contract is legally extended for one year after the initial term expires.

[1] Mehmet Kâmil Yıldırım/Nevhis Deren Yıldırım, Enforcement and Bankruptcy Law, 8th Edition, Istanbul: Beta Publishing, 2021, p. 350.

[2] Hakan Pekcanıtez/Muhammet Özekes, Practical Studies in Enforcement and Bankruptcy Law, 20th Edition, Istanbul: Onikilevha Publishing, 2021, p.149.

[3] Mehmet Kâmil Yıldırım/Nevhis Deren Yıldırım, age, p.354.