I. Where and How Should the Rent Payment Be Made?
Rent payments should be made to the landlord’s bank account. If a specific bank account for rent payment is indicated in your contract, it should be paid into that designated account. Paying the rent is the primary obligation of the tenant and is the most crucial aspect of the lease agreement.
It should not be paid in cash. This is because it is crucial to have proof of payment of the rent. If you pay the rent in cash, you must always obtain a receipt to prove that you have paid. Otherwise, proving that you have paid your rent in case of any legal proceedings initiated by the landlord can be quite difficult. It is the tenant’s responsibility to prove that they have paid the rent. Failure to prove it could result in threats of seizure and eviction.
In rental disputes, the value of the claim is determined by the annual rent. If the value of the claim exceeds 23,450 TL, you will need to prove in writing that you have paid the rent. It will not be possible to prove it with any unwritten evidence or witness testimony.
In the event of an enforcement case initiated against you due to non-payment of rent, you must pay your rent within 30 days after the payment order is served to you. If you cannot prove that you have paid the rent and do not deposit the rent into the enforcement file within 30 days, the landlord can initiate an objection removal and eviction lawsuit to evict you from the premises. Therefore, we advise against paying your rent in cash under any circumstances.
II. When Is the Rent Due?
The rent is typically paid monthly as a general rule. However, it can also be agreed upon by the parties to be paid annually. If no payment day is specified in the contract, the rent must be paid by the end of each month or at the latest by the end of the rental period. lf the lease agreement stipulates that the rent must be paid in advance each month, the payment must be made by the evening of the third day of each month. If it is agreed that the rent will be paid “each month” without specifying in advance, it is paid on the last day of each month.
The lease agreement usually specifies the dates between which the rent must be paid. The rent must be paid within these specified dates. If you fail to pay within these dates, you will be in default and will have delayed payment. If you are late with payment twice, the landlord will send you a warning letter. Or if they initiate enforcement proceedings, you may face the risk of eviction due to two justified warnings from the landlord.
III. Payment of Rent to the New Owner
If the residential or commercial property you occupy as a tenant is sold, to whom should you pay the rent? When the new owner acquires the leased property, they should send you a warning letter. The warning letter should indicate that the new owner is now the owner of the property. Additionally, it should state that you are now required to pay the rent to them. If the new owner does not notify you of any changes, you can continue paying the rent to the previous landlord.
Usually, the warning letter from the new owner also specifies a bank account where you should pay the rent. However, what happens if the new owner informs you that you should now pay them the rent but does not provide bank account details? In this case, you would need to send the rent to the new owner using the “payment at the door” method through the postal service. If you are unable to deliver the rent to them in this manner, you would need to file a lawsuit to determine the deposit location.
IV. What Should You Do If the Landlord Doesn’t Provide Bank Account Information?
The landlord may choose not to provide you with their bank account information or may even close their bank account. It’s possible that no bank account is specified in the lease agreement. In such a situation, how will you pay your rent?
If the lease agreement specifies that the rent will be paid into the landlord’s bank account and provides the bank account details, the landlord is obligated to keep that bank account open. The landlord cannot unilaterally change the method and location of payment. Even if the landlord sends a notice requesting the rent to be paid into a different bank account, the tenant is not obliged to pay the rent into that bank account. Consequently, if the landlord does not keep the bank account open where the rent is supposed to be paid and closes it, they will be in default.
In such a situation, the first thing you should do is to make a transfer using the “payment at the door” method through the postal service. You can deposit the rent through this method to be sent to the landlord. It should be done as a payment at the door through PTT. Otherwise, if you pay through PTT in a different way, the landlord is not obliged to go to the post office, and thus, they won’t be considered in default. However, even with this method, there’s a possibility that the rent may not be conveyed to the landlord. In such a case, the rent you deposited through PTT will be held for 2 months. However, there’s no need for the rent to be held at PTT for 2 months to file a lawsuit for the determination of the deposit location. If the deposited rent is not conveyed to the landlord, you can withdraw your money from PTT.
If you are unable to pay your rent through the “payment at the door” method at PTT, the landlord will be considered in default. Default refers to a delay in fulfilling a matured and performable debt. If your rent payment time comes, but due to the landlord’s fault, you can’t pay despite your efforts, the landlord will be considered in default. In this case, what you need to do to pay your rent is to file a lawsuit for the determination of the deposit location.
V. Determination of Deposit Location Lawsuit
Article 107 of the Turkish Code of Obligations states: “In case the creditor is in default, the debtor may discharge his debt by delivering the thing he is obliged to deliver, with the damages and expenses being at the expense of the creditor. The place of delivery is determined by the judge at the place of performance. However, commercial goods can be deposited in a warehouse without a court order.“
The determination of the deposit location determines the place of payment. In this lawsuit, you will need to prove that you do not know of any bank account belonging to the landlord. Additionally, you will need to prove that you were unable to pay the rent. It will be necessary to determine that the creditor has defaulted.
If you prove your claims and your request is accepted, the court will open a bank account on behalf of the landlord. You can then pay your rent into the opened bank account.
If you file a determination of deposit location lawsuit, you will not be considered in default for the rents you pay until a decision is made and a bank account is opened. This will prevent you from being evicted and facing the threat of seizure through enforcement proceedings if a case is filed against you.
The determination of deposit location is a non-contentious judicial process. It is considered as a different type of request. The lawsuit is filed in the peace court where the leased property is located. The tenant is the plaintiff, while the landlord is the defendant. Usually, a decision is made by the peace court without holding a hearing, and it is done quickly.
Ece Deniz Vardar
Lawyer / Attorney in Turkey
Landlord Tenants Attorneys in Turkey
Call Us : +90 212 909 86 34
Sen Mail : info@ballawyer.com
