Litigation and Enforcement Proceedings Process in Rental Disputes

1. Introduction – The Legal Significance of Rental Disputes

Lease agreements, regulated by the Turkish Code of Obligations, are contracts based on the principle that the lessor transfers the right to use the leased property to the lessee, and the lessee pays rent in return. The most common disputes in both residential and commercial leases arise from non-payment of rent, use of the leased property for purposes other than its intended use, failure to comply with eviction undertakings, or disagreements over rent increase rates.

These types of disputes can be resolved through litigation or enforcement proceedings for eviction and debt collection. However, managing the process correctly prevents loss of rights and ensures a quick resolution.

2. Legal Basis for Rental Disputes

The rights and obligations of the parties in rental agreements are regulated primarily by three main laws:

Turkish Code of Obligations (TBK)
- Article 315: Default and termination in case of non-payment of rent.
- Articles 350-352: Reasons for Evacuation
- Article 344: Increase and determination of rent
Enforcement and Bankruptcy Law (EBL)
- Articles 269-276: Procedure for rent collection and eviction proceedings.
Turkish Civil Code (TMK)
- Article 1009: Registration of the lease agreement in the land registry.

These regulations establish the legal framework for both litigation and enforcement proceedings in resolving rental disputes.

3. Pre-Litigation Stage – Sending Notices and Gathering Evidence

In rental disputes, sending a notice of default , necessary both legally and practically.

3.1. Payment Notice (Turkish Code of Obligations, Article 315)

If a tenant fails to pay rent, the landlord must send a written payment notice, giving at least 30 days' notice
If payment is not made by the end of this period, the contract may be terminated.

3.2. Notice of Eviction Undertaking (Turkish Code of Obligations, Article 352/1)

If the tenant does not vacate the property after the date specified in the eviction undertaking, the landlord can issue a notice before initiating eviction proceedings.

3.3. Evidence Collection

The lease agreement, bank statements, eviction notices, and correspondence between the parties form the basis of the case file.

4. Types of Rental Income Lawsuits and Conditions for Filing Them

Lawsuits related to rent fall under three main categories:

4.1. Rent Collection Lawsuit

It is opened if the tenant fails to pay the rent.
Competent Court: Civil Court of Peace
Statute of limitations: 5 years (Turkish Code of Obligations, Article 147/4)

4.2. Eviction Case

The grounds for eviction are listed restrictively in the Turkish Code of Obligations:

Eviction Undertaking (Turkish Code of Obligations, Article 352/1)
Two Valid Notices (Turkish Code of Obligations, Article 352/2)
Evacuation Due to Necessity (Turkish Code of Obligations, Article 350)
Reconstruction and Rebuilding (Turkish Code of Obligations, Article 350)

4.3. Rent Determination Lawsuit

If the parties cannot agree on the rent increase rate, a lawsuit for the determination of the rent amount is filed according to Article 344 of the Turkish Code of Obligations.
This lawsuit is usually filed before the new rental term begins.

5. Eviction Through Enforcement Proceedings – Step-by-Step Process

Articles 269 et seq. of the Enforcement and Bankruptcy Law, the landlord can simultaneously assert the claim for rent and the eviction request. This method allows for a faster resolution compared to eviction lawsuits.

The process consists of the following steps:

Application to the Enforcement Office → An eviction order and a payment order with a claim for debt are issued.
Notification → The tenant is given 7 days to object and 30 days to make the payment.
If there is no objection → The enforcement office will initiate the eviction process.
If an objection is raised → A lawsuit for "removal of the objection" is filed in the Civil Court of Peace.

6. Supreme Court Decisions and Practice

6.1. Validity of the Eviction Undertaking

Supreme Court 6th Civil Chamber, Case No. 2020/3412, Decision No. 2021/2456.

Case: The tenant gave a commitment to vacate the premises after the lease agreement was signed, but did not vacate the premises.
Decision: The eviction undertaking is valid; the landlord is in the right.
Importance: The commitment must be made after the contract is signed.

6.2. Eviction with Two Justifiable Warnings

Supreme Court 6th Civil Chamber, Case No. 2016/4521, Decision No. 2016/8754.

Case: The tenant was late on rent twice within a rental year.
Decision: The eviction order was issued because two justifiable warnings were met.
Importance: Warnings must be given in writing and in accordance with proper procedures.

6.3. Eviction in Enforcement Proceedings

Supreme Court 6th Civil Chamber, Case No. 2019/2453, Decision No. 2019/6521.

Case: The landlord initiated debt collection proceedings, demanding both unpaid rent and eviction.
Decision: Pursuant to Articles 269 et seq. of the Enforcement and Bankruptcy Law, both requests can be made in the same enforcement proceeding.
Importance: It shortens evacuation time.

7. Points to Consider During the Litigation and Enforcement Process

Warning periods in accordance with the law .
The eviction undertaking in writing and dated .
All receipts and written documents related to rent receivables must be complete.
The litigation strategy should be determined by examining Supreme Court decisions.

8. Conclusion – Protect Your Rights with the Right Legal Steps

Rental disputes can be resolved through both litigation and debt collection. However, the method used depends on the type of dispute, the evidence, and the timeframe. Having legal proceedings handled by an expert lawyer ensures a swift and effective resolution.

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