Eviction-requested enforcement proceedings are possible with a follow-up request to be prepared regarding the eviction and delivery of an immovable property. The follow-up request should be submitted to the competent execution office. Thé execution office issues execution, payment, and/or eviction orders depending on the nature of the follow-up request, either with or without a court order. The type of execution is determined based on the nature of the document you possess.
I. How Does Enforcement Proceedings for Eviction Begin?
Execution proceedings commence with the submission of the follow-up request to the execution office. The follow-up request can be made in writing, orally, or electronically to the execution office. The request should include:
- For the creditor, their legal representative, if any, and attorney: Full name, the bank name, and account details for payment in the name of the creditor or their representative. If applicable, the Republic of Turkey ID number or tax identification number. Fame and place of residence. If the creditor resides in a foreign country, their place of residence in Turkey.
- For the debtor, their legal representative, if any: Full name, the Republic of Turkey ID number or tax identification number if known by the creditor, fame, and place of residence. In requests related to claims against an estate (property left by inheritance), the names and surnames of heirs to be served with notification, if known. If known, the Republic of Turkey ID number or tax identification number, fame, and place of residence of heirs.
- The amount of the claim or requested collateral in Turkish lira and, in interest-bearing claims, the amount of interest and the date interest began to accrue. If the claim or collateral is in foreign currency, the date on which the claim was requested and the interest rate.
- Whether there is a promissory note, and if not, the reason for the debt.
- The selected enforcement method (the term “eviction” must be included among the enforcement methods in eviction-requested execution proceedings). If the claim is based on a document, the original document. One or more copies, approved by the creditor or their representative.
- In accordance with Article 272 of the Execution and Bankruptcy Law, if eviction is requested, the original of the written commitment of the lease agreement or tenant to vacate the leased property before the expiration of the lease period, if available, or two copies approved by the person concerned, is required.
Along with the execution proceedings, the execution office application fee, upfront fees, expense advance, attorney fee, and bar association fee must be paid.
Example Follow-up Request for Ordinary Lease and Revenue Leases;
ExampIe of Payment Order for Ordinary Rent and Revenue Leases.
Example No. 14: Execution Follow-up Request Due to Evacuation Commitment
II. Procedures of the Execution Office
The execution office that receives the follow-up request prepares an execution order, payment order, or eviction order within three days. It sends this order via PTT (Turkish Post) to the address indicated for the debtor in the follow-up request.
Based on the statements in the follow-up request and the documents provided as evidence, the head of the execution office will issue:
- Execution Order for Delivery of Movable Property or Evacuation or Delivery of Immovable Property (Sample No: 2)
- Payment Order for Regular and Revenue Leases (Sample No: 13)
- Eviction Order in the Event of the Termination of Lease for Immovable Property Leased by Written Agreement (Sample No: 14)
The execution office will send these orders to the debtor along with the notification certificate.
The creditor must monitor whether the notification reaches the debtor. If the notification does not reach the debtor, the execution office will not resend it without a request. Additionally, the execution office cannot spontaneously consider whether the notification complies with the procedure.
An execution order for the delivery of movable property or eviction or delivery of immovable property can only be issued with a document of the nature of a court decision (ilam). If the debtor receives such an execution order, the execution can only be suspended if the debtor obtains a court decision for the stay of execution. Enforcement Proceedings
In the case of regular and revenue leases, if the debtor objects within 7 days from the service of the payment order, the execution follow-up stops. If the debtor-tenant pays the rent within 30 days, a lawsuit for eviction should not be filed.
For immovable properties leased by written agreement, the eviction order in case of the end of the lease period is only possible with an eviction commitment in residential and roofed commercial leases. In other lease agreements, it starts upon the expiration of the period or based on a warning.
In non-executory follow-ups, if the debtor raises a timely objection, the follow-up stops. Therefore, the creditor must lift the objection, file an eviction lawsuit, cancel the objection, and submit the court decision in favor of them to the execution office.
If the debtor does not object, the creditor should request eviction from the execution office after the expiration of the legal objection period. The execution and delivery will be carried out forcibly by the execution officer on an agreed date.
Call us : +90 212 909 86 34
Send email : info@ballawyer.com
