What is Eviction Due to Two Valid Notices under Turkish Law?
In the second paragraph of Article 352 of the Turkish Code of Obligations; ”The lessee, within the lease term in lease agreements of less than one year; in lease agreements for one year or longer, if the lessor has caused two valid notices in writing for not paying the rent for one rental year or for a period exceeding one rental year, the lessor shall give a notice starting from the end of the lease term and the lease year in which the warnings are made for leases longer than one year. Within a month, he may terminate the lease agreement through litigation.” The landlord or the owner of the workplace, who gives the lessor, is given the right to evict due to two valid notices.
Eviction due to two valid notices is an eviction right granted to the lessor if the tenant has not paid or delayed the rent at least twice in the same rental period.
As it is known, the eviction of the tenant from the residence or workplace is subject to the numbered conditions in the Turkish Code of Obligations. Due to two justifiable warnings, eviction is regulated as one of these limited rights.
What are the Conditions of Eviction for Two Valid Notices under Turkish Law?
One thing to be considered in order to open an eviction lawsuit due to two valid notices. The most important of these is based on the fact that the tenant has not paid the rent or paid late within the most rental period, which has certain conditions in the contract.
For example, let’s assume that there is a provision in the rental agreement with the beginning date of 01.01.2022 that the rental amount will be deposited to the bank account specified in the contract between the 1st and the 5th day of each month. Accordingly, the tenant must have paid the rent until 00:00 (midnight) on the 5th day of February. Otherwise, the rent becomes due. In other words, the tenant’s debt will be collectible. In this case, a rightful warning will be given by sending a warning to the tenant or by making a “warning” enforcement proceeding. If this situation occurs again in the same rental period and a warning is given again, there will be conditions for eviction due to two valid notices.
If there is no provision in the rental agreement as to which day of the month the rental fee should be paid; As a rule, the tenant has the right to pay the rent until the last day of the month. In this case, the days extending to the other month will be a rightful warning.
Due to two righful warnings, eviction action must be filed within 1 month from the end of the next rental year. This period is unfair and if this period is not complied with, the eviction case will be lost.
It is not obligatory to send the warning from a notary public. However, the easiest method in terms of proving that the warning has reached the other party is to send the warning through notary publics. However, it is very costly to send two warnings from the notary public. Instead, initiating enforcement proceedings based on non-payment of the rental fee (Example No: 13) is a less costly method than a notary public. In this case, if the rent is not paid for 30 days, the right to file an eviction lawsuit in the execution court will arise. Thus, there may be no need to wait until the end of the lease year.
Another priority that the Supreme Court considers in its precedent decisions is the lease periods that are subject to a warning letter or enforcement proceedings based on two valid reasons. For example, let’s say that a tenant does not pay the rent for September, October and November. If you send a warning or initiate enforcement proceedings, it is not possible to send a separate warning for each month or initiate enforcement proceedings. According to the condition of maturity, you should subject all months in a single warning or execution proceeding. If the rental fee for the next period has not become due, then it will not be correct to include the next rental period in the notice.
Another point to be considered is that the warning or execution proceeding payment order has been notified or reached to the lessee. If the rental fee is paid while the warning is sent, then it will not be considered a vadli notice.
How Should a Valid Notice be Prepared?
In general, the lessors go to the notary together with the lease agreement, and a warning is sent to the lessee in the form of a printed warning letter in the notary public. It is very risky for the lessor to send a warning to the lessee, regardless of the payment dates in the lease agreement or whether the condition of maturity has been met.
In the warning letter, the months for which the rental fee is not paid should be specifically indicated, it should also be written until the day of the month at the latest that the rental fee should be paid, and the bank account information to which the payment will be made should be written to the tenant, in order to have the possibility of evacuation based on the non-payment of the rental fee.
In the case of eviction based on two valid notices, the judge will primarily examine whether the lawsuit has been filed in due time, whether these conditions are included in the warning, warning or enforcement proceeding payment order, and the lease agreement. If these conditions are not fulfilled correctly, the case will be lost.
The Sample of Notice of Eviction for Two Valid Notices varies according to each case. For this reason, in order not to lose any rights or money, you should definitely consult your lawyer and issue a warning. The Sample Notice to Release Due to Two Righful Warnings will contain phrases similar to the following;
- Dear Interlocutor, According to the lease agreement dated 01.01.2022 for the resident at the address “Ataköy Mahallesi No:12/2 Bakırköy Istanbul” where you are currently living as a tenant, the rental fees must be deposited to the bank account number specified in the rental agreement, by the 5th day of each month at the latest. However, until today, 14.09.2022, the rent for September 2022 has not been paid to us. For this reason, I warn you that you must pay the rent amount of 6,000-Turkish Lira, which is the rental price of September 2022, to my Vakıfbank bank account with IBAN number TR98000023123123421421, within 30 days after the notification of this notice to you, otherwise legal action will be taken against you.
Costs of Eviction Case Due to Two Valid Notices under Turkish Law – 2022
In rental eviction lawsuits, application fee, eviction fee, advance payment will be required. Application fee is 80.70-TL, Expense advance is 580-TL (varies according to the number of parties.) Evacuation fee (Advance Fee) will be 1/4 of 68.31 per thousand of the last annual rental price. For example, if the monthly rental price is 4,000-TL; Annual rental price over 48.000 TL; A fee of 819.72 TL will be required.
The fact that the fee is paid incompletely or that it has not been paid in a definite time despite being warned by the court may lead to the prolongation of the eviction lawsuit or its rejection due to the fact that the lawsuit is not filed. For this reason, following the case without the assistance of a rental attorney may result in a serious loss of right or time.
Where and When is the Case for Eviction Based on Two Valid Notices Filed?
The period of filing a lawsuit is 1 month from the end of the rental year in which two rightful warnings were caused. The time limit is detrimental and it is not possible to file a lawsuit before the time expires, and the lawsuit filed after the deadline will also be rejected.
The lawsuit must be filed in the Civil Court of Peace in the defendant’s domicile or the place where the leased (due to the lease agreement) is located.
Do you need legal assistance regarding tenant rights, tenancy disputes or litigation? Clear your doubts.
Rental agreements are seen as a procedure in our country due to lack of knowledge or carelessness in legal matters. In fact, we often come across a rental relationship without a written lease agreement. However, lease agreements are contracts that bind both parties and impose mutual obligations.
The fact that people act without knowing the rights and obligations arising from the rental agreements that are frequently made in order to meet the basic needs of shelter or workplace causes very serious problems. Especially in countries where inflation is high, there is a confrontation between the lessors and the tenants based on the precedent rental prices, and the parties end up in the corridors of the courthouse.
Lawyers of BAL Law Firm provide legal services in all disputes arising from residential and roofed workplace lease agreements. In particular, disputes related to rent increase rates, tenant eviction, eviction lawsuits based on eviction notice, tenant’s rights, eviction lawsuit due to non-payment of rental fees, collection and enforcement proceedings, eviction lawsuit due to new owner’s need, receivables arising from past rental fees, rental adaptation lawsuits, rental We have very competent knowledge and experience on disputes such as settlement cases.