Eviction notice is a written document in which the tenant commits to vacating the rented residential or commercial property on a specific date. There are two methods for the eviction process due to an eviction notice. The first is to initiate an execution proceeding, and the second is to file a lawsuit directly.
I. Conditions for Vacate due to an Eviction Notice
Before Initiating an execution proceeding or filing a lawsuit for eviction, certain conditions must be checked.
Firstly, it should be ensured that the eviction notice meets the validity requirements: The eviction notice must be in writing. Additionally, it must have been prepared after the delivery of the rented property. If there are multiple tenants, each tenant must have signed the eviction notice . If the eviction notice is signed through a proxy, a special authorization for signing the eviction notice by the proxy is required. We recommend reading our article “What is Eviction Notice in Turkey?” to obtain detailed information on an example of an eviction notice and the validity requirements for an eviction notice.
Secondly, if the dates on the eviction noticeare left blank, they must be filled in later. The eviction noticemust include two dates: the commitment/eviction date and the date of preparation. So, is it legally valid to fill in a blank eviction notice later? – Yes. However, if there is a written agreement between the parties on how the dates mentioned in the eviction undertaking will be filled in, it must be complied with. For detailed information on whether a blank eviction undertaking is valid and whether filling in a blank eviction noticeis a crime, you can read our article “Is a Blank Eviction Notice Valid in Turkey?“
Finally, is it possible for a tenant who has given the eviction notice out of necessity to cancel the eviction notice ? It may be possible to invalidate the eviction notice before initiating an execution proceeding or lawsuit by the landlord. For detailed information on how to cancel an eviction notice, you can read our article “How to Cancel an Eviction Notice in Turkey?“
II. Time for Eviction Due to Eviction Notice
Due to the eviction notice an execution proceeding must be initiated or a lawsuit must be filed within 1 month from the date of eviction/commitment specified in the eviction notice. The 1-month period is a statute of limitations. Therefore, if legal action is not initiated within the specified period, the right to eviction due to the eviction notice will be lost.
When initiating an execution proceeding or filing a lawsuit, the process must be started correctly within the 1-month period. For example, if the “eviction” track is not selected when starting an execution proceeding and this is realized as a result of the lawsuit, the mistake cannot be rectified.
III. Execution Proceedings Due to Eviction Notice
In the Execution and Bankruptcy Law, execution proceedings are generally divided into two types: non-judicial and judicial execution proceedings. However, within non-judicial execution proceedings, there is the possibility of an execution proceeding of Written Contract with Eviction of Leased Real Estate (Example No: 14). With this execution proceeding, it will be possible for the lessor with an eviction notice to evict the tenant.
As stated above, the execution proceeding must be initiated within 1 month from the date of eviction.
When initiating an execution proceeding, the tenant’s name and surname, as well as their Turkish Republic Identity Number or foreign identity number, must be known. The address specified in the lease agreement of the tenant should be selected. A copy of the eviction notice should also be attached to the execution proceeding.
After the execution proceeding is initiated, the execution office will send an eviction order to the tenant. In this eviction order, the tenant will be warned that they have the right to object within 7 days, and that if they do not object, they must vacate the leased property within 15 days.
The tenant may object to the eviction notice, the signature on the eviction notice, the fact that the eviction notice was prepared before the delivery of the leased property, the fact that the eviction notice was filled out later, and even the existence of the lease relationship.
If the tenant objects within the 7-day period, depending on the content of the objection, a reconciliation court or an execution court will open a case for the cancellation of the objection and eviction, or for the removal of the objection and eviction.
If the tenant does not object to the eviction order within 7 days, upon request, the execution office will go to the leased property to forcibly evict the tenant after 15 days have passed since the service of the eviction order. (Some execution offices may give the tenant another 15-day period. In our opinion, this practice is not in accordance with the law.)
IV. Eviction Lawsuit Due to Eviction Notice
The landlord can file a lawsuit in the peace court directly for the eviction of the tenant within the one-month period stated in the eviction notice without starting an execution proceeding. However, it is more advantageous to proceed with the process according to whether the tenant objects to the execution and starts an execution proceeding.
If the tenant objects to the execution proceeding, the landlord must file a lawsuit for the cancellation of the objection and eviction in the peace court or for the removal of the objection and eviction in the execution court, depending on the content of the objection.
I the tenant objects to the fact that the dates in the eviction notice were later filled in, or that it was signed before the delivery of the rental property or without a rental relationship, the case can be heard in the peace court.
If the tenant admits to the rental relationship but objects to the renewal of the contract or only objects, a lawsuit can also be filed in the execution court.
Hearing the case in the execution court will be more beneficial for the landlord in terms of expenses and time compared to the peace court.
Objection to Eviction Notice as Family Residence
Many tenants object to the eviction notice by claiming that their spouse who is not a tenant did not sign it or that the rental property is a family residence. Some lawyers choose to file a lawsuit to cancel the proceeding on behalf of the spouse who is not a party to the lease agreement. In my opinion, the fact that the rental property subject to the eviction notice is a family residence and that the landlord knows this is not sufficient to result in a favorable outcome for the tenant. I recommend reading my article “Discussion on Objection to Eviction Notice as Family Residence in Turkey” for detailed information on objection to eviction notice as family residence.
Objection to Blank Eviction Notice
It is possible to object to the fact that the dates were later filled in on the eviction notice even if the signature is not explicitly objected to. The eviction notice includes the eviction date and the date of issuance. Objections to both dates in a blank eviction notice carry two different meanings. However, in both cases, the burden of proof is on the tenant, and the tenant must prove with written evidence that the dates stated in the eviction notice were later filled in and contrary to the agreement.
I recommend reading our article “Is Blank Eviction Notice Valid in Turkey?” for more information on objection to blank eviction notice.
V. Appeal Application Against Eviction Order Due to Eviction Notice
If the eviction case results in the favor of the landlord due to the eviction notice and an eviction order is issued, the tenant has the right to appeal to the appellate court. The appeal period in execution courts starts with the notification and lasts for 10 days. In peace courts, the right to appeal starts from the notification of the reasoned decision and must be made within 14 days.
Decisions regarding eviction cases can generally be subject to enforcement without becoming final. Therefore, along with the appeal application of the landlord, a request for suspension of enforcement – deferment of execution should be made.
In my opinion, if the objection is dismissed and an eviction order is issued by the execution court, the eviction order cannot be suspended by depositing three months’ rent to the execution office cashier. Because there is no provision regarding “eviction notice” in the Execution and Bankruptcy Law’s 36th article. There are also decisions of the Court of Cassation in this direction. The Court of Cassation’s precedents should also be applied to the peace court decisions.
Conclusion
In conclusion, legal processes in eviction notices can become much more complicated than expected in enforcement proceedings or eviction cases. For example, if the tenant objects to the existence of the tenancy relationship, the proof of the tenancy relationship will also be required. Sometimes, we see that our clients do not have a written lease agreement but have an eviction notice.
If legal processes are carried out by lawyers specializing in rental law, the landlord’s or tenant’s loss of rights can be prevented.
Memduh Remzi BAL
Lawyer / Attorney in Turkey
Send Mail : info@ballawyer.com
Call Us : +90 212 909 86 34
