The outcome of eviction decisions arising from residential and commercial lease agreements is particularly important, especially from the tenant’s perspective. What should a tenant do if they believe the eviction order against them is unjust? This article will provide information on the process of staying eviction decisions through the execution process.
I. Does the Eviction Decision of Peace Courts or Enforcement Courts Need to be Finalized for Enforcement?
As a general rule, court decisions do not need to be finalized for their enforcement. This rule also applies to eviction decisions in favor of the tenant. Therefore, even if an eviction decision is appealed, a request for eviction can still be made from the enforcement office.
There is a legal remedy for staying the execution of eviction decisions through the appellate process of court decisions: Staying the Execution (formerly known as Postponement of Execution).
It is possible to challenge the execution of eviction decisions through the appellate process to suspend the enforcement of the court’s decision in favor of eviction. Additionally, a separate eviction lawsuit can be filed directly in the peace court without any prior enforcement proceedings.
Whether issued by the enforcement court or the peace court, the process of staying the execution can be invoked for eviction decisions. There are two exceptions where the stay of execution cannot be applied to eviction decisions:
1. If the court’s decision has been conclusively determined in the first instance court, the stay of execution cannot be pursued.
2. If there is a decision to lift the objection to the eviction commitment made by the enforcement court, the stay of execution cannot be applied.
II. How to Stay the Execution of Eviction Decisions?
The process of staying the execution of eviction decisions can be summarized as follows:
1. Filing an appeal to the appellate court requesting the stay of execution.
2. Obtaining a certified copy of the decision from the issuing court and submitting it to the enforcement office.
3. Depositing three months’ rent as security into the enforcement file.
4. Requesting a grace period certificate from the enforcement office regarding the eviction decision.
5. Applying to the enforcement court for the stay of execution.
6. Submitting the stay of execution decision to the enforcement office.
The court’s decision may not only include an eviction ruling. The party losing the case may also be ordered to pay court costs and attorney fees. Additionally, there could be a decision in favor of the plaintiff, such as the payment of unpaid rent. If monetary judgments in this regard are also subject to staying the execution, the financial values, along with at least 90 days’ interest calculated by the enforcement office, need to be accounted for. In the security deposit phase, apart from the three months’ rent, this amount also needs to be deposited. The other steps remain the same.
1. Filing an Appellate Application for the Stay of Execution
Staying the execution of eviction decisions (postponement of execution) is only possible through an appellate application. The defendant who has not filed an appellate application for the stay of execution cannot pursue the path of staying the execution. Therefore, the deadline for filing an appellate application should not be missed. However, as mentioned above, an appeal cannot be made against a final court decision.
In the appellate application petition, the request for “staying the execution/postponement of execution” should be explicitly stated. When filing an appellate application for staying the execution, the appellate decision fee, the fee for filing an appeal, and the appellate cost advance should also be paid.
2. Obtaining a Certified Copy from the Court and Submission to the Enforcement Office
The plaintiff will initiate enforcement proceedings for the execution of the eviction decision by filing an enforcement action. If the plaintiff does not initiate enforcement proceedings, there is no need for the process of staying the execution.
Objections to the objection made in the eviction-free enforcement action and the continuous monitoring of the enforcement files for eviction decisions are crucial. This is because the defendant-tenant will not receive any additional notification or service.
If there was no enforcement action initiated before the lawsuit, after the decision of the peace court becomes subject to enforcement, an execution order will be sent to the tenant.
At this stage, a written petition should be submitted to the court that issued the decision. This petition should include the details of the enforcement office and the enforcement file. A letter from the court confirming that the eviction decision has been appealed for staying the execution through an appellate process, along with a certified copy, will be requested.
The court that issued the eviction decision will provide a certified copy stating that the decision has been appealed for staying the execution, and this document will need to be submitted to the enforcement office. Some courts now send the certified copy through the UYAP system.
3. Depositing Three Months’ Rent as Security with the Enforcement Office
The amount specified in Article 36 of the Execution and Bankruptcy Law is applied as the debt amount in eviction decisions, and it is equivalent to three months’ rent.
The specified amount in the court decision should represent the three months’ rent. To avoid any uncertainty, it may be advisable to inquire with the enforcement office.
Depositing the three months’ rent as “security” is crucial. Therefore, it should be deposited into the trust account number of the enforcement office. When making the deposit, it is appropriate to include the enforcement file number, the name and surname of the debtor-tenant, and a note indicating that it is a security for staying the execution of eviction.
4. Requesting a Grace Period Certificate from the Enforcement Office for the Eviction Decision
After the above steps are completed, a request will be made to the enforcement office for a grace period certificate regarding the eviction.
The enforcement director will check the certified copy and whether the security deposit of three months’ rent has been made. If these steps are correctly executed, the enforcement director will grant a period to stay the execution for eviction. This document is referred to as the “grace period certificate.”
5. Requesting a Stay of Execution Order from the Enforcement Court
After the approval of the grace period certificate, the debtor-tenant will apply to the enforcement court to request the stay of execution for eviction. (*It is also possible to request for monetary judgments.)
The judge of the enforcement court will examine the certified copy, the security deposit, the grace period certificate, and the court decision in the enforcement file. If the request is deemed valid, the enforcement court will issue an order for staying the execution. The enforcement court’s decision to stay the execution is final.
6. Submission of the Enforcement Court’s Stay of Execution Order to the Enforcement Office
In the final step, the enforcement court’s decision to stay the execution must be submitted to the enforcement office within the grace period specified in the grace period certificate. Otherwise, once the grace period expires, the enforcement office will continue the enforcement proceedings.
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