1. What is an Eviction Notice Under Turkish Law?
In its simplest definition, an eviction notice under Turkish law is a contract that is accepted unconditionally to evacuate a rented residence or workplace on a certain date. The eviction notice is regulated in the first paragraph of Article 352 of the Turkish Code of Obligations. In addition to this legal regulation, it also finds application area with many Supreme Court jurisprudence.
2. Why Is An Eviction Notice needed under Turkish Law?
The expiry of the lease agreements and the termination of the lease agreement and the eviction of the residential and roofed businesses are quite difficult. Because the Turkish Code of Obligations No. 6098, which entered into force in 2011, has brought limited reasons for “Evacuation” in housing and roofed workplace rents.
Evacuation of the lessee requires one of the following, each requiring different procedures;
- Evacuation based on non-payment of rent,
- Evacuation based on two justified reasons,
- Evacuation based on the eviction notice,
- Evacuation due to new owner requirement,
- Evacuation due to need or repair or modification,
The importance and need of the eviction notice stems from this difficult legal provision. We can say that the easiest, fastest and least costly procedure among the reasons listed for evacuation is the evacuation of the tenant based on the eviction notice.
3. The Conditions of Validity of Eviction Notice under Turkish Law
It is necessary to know what the conditions of validity of the eviction notice are. Because, in article 352 of the Turkish Code of Obligations, the validity of the eviction notice is mandatory. The conditions of validity of the eviction notice are briefly as follows;
The Eviction Notice Must Be Written.
The first condition of the eviction notice is that it must be in writing. As a rule, the eviction notice does not have to be notarized. The arrangement between the parties is also valid.
The Eviction Notice Must Have Been Issued “After the Delivery of the Leased”.
This is the most confusing condition among the terms of validity of the eviction notice. The reason for this is mainly due to information pollution. The rule is very simple. The tenant’s commitment to evict prior to the delivery of the leased property is actually invalid. In other words, an eviction notice cannot be obtained from the tenant before the rental start date specified in the rental agreement. The trick is quite simple: Posting the issue date as a future date.
There are two dates in the eviction notice. The first is the issuance date of the discharge undertaking. The second is the release date or commitment date. In other words, the date on which the tenant agrees to evacuate the residence or workplace.
An eviction notice issued on the same or before the start date of the lease agreement will be invalid because the law stipulates “after the delivery of the leased property“. Since such an eviction notice is drawn up against the mandatory provision of the law, it would not be possible for the plaintiff-landlord to win the eviction lawsuit.
For this reason, the eviction notice is either signed as a blank eviction notice on the date the lease agreement is signed with the fait accompli, or the issuance date is arranged according to a date later than the beginning of the lease.
In the rest of our article, we talk about the validity of the empty eviction notice and how to make the discharge eviction notice invalid.
All Tenants Who Have Signed the Rental Agreement Must Have Signed the Eviction Notice.
Let’s say there are 2 people on the tenant side of the lease. It is not enough, that just one person has signed the eviction notice.
This condition of validity is important for the cancellation of the eviction notice after the spouse becomes a party to the rental agreement in the residences used as “family residences“. In the rest of my article, I am talking about ways to invalidate the eviction notice.
The Eviction Notice is Valid only if it is Signed by a Specially Authorized Attorney.
Lease agreements are signed by proxy to a substantial extent. Even though there is no harm in signing the lease contract by proxy, if the proxy that the tenant does not have “specially authorized to sign the eviction notice” signs the eviction notice, it will not bind the tenant. This validity condition can also be used in one of the methods of invalidating the eviction notice. We explain in the rest of our article.
4. Eviction Notice Example Under Turkish Law
We talked about the validity conditions of the eviction notice above. An example of an eviction notice that meets these conditions is as follows. You do not need to search for an eviction notice sample pdf word. You can copy and paste.
TURKISH
Tahliye Taahhütnamesi
Kiracı : İsim – Soyisim – T.C. veya Yabancı Kimlik Numarası
Adres : -Kiralananın Adresi-
Tahliye Tarihi :
Düzenleme Tarihi :
Halen kiracı olarak oturmakta olduğum “…-Kiralananın Adresi…-” adresindeki yukarıda belirtilen tahliye tarihinde tahliye edeceğimi taahhüt ederim.
Kiracının Adı Soyadı
Kiracının İmzası
ENGLISH
Eviction Notice Sample in Turkey
Tenant : Name – Surname – T.C. or Foreigner Identification Number
Address : -The Renter’s Address-
Eviction Date :
Date of Arrangement :
I undertake that I will evacuate on the above-mentioned eviction date at the address “…-Address of the Leased…-” where I am currently residing as a tenant.
Tenant’s Name and Surname
Tenant’s Signature
The date of evacuation of the lessee should be written on the date specified as the date of evacuation, and the date of issuance of the evacuation date should be written on the date specified as the date of arrangement.
5. Validity of Empty Eviction Notice under Turkish Law
Perhaps, until the last year, many landlords left the keys to the real estate agent to rent their flat, the flat was rented after 2-3 phone calls, and when the increase period came, there was a dialogue with the tenant. The incredible rise in rental prices has forced many landlords and tenants alike to sit down and learn about rental law.
I signed a blank eviction notice. Is there any validity of the empty eviction notice?
It is very difficult to find an apartment or workplace for rent in our country that you will feel comfortable with. You entered a marathon that lasted for days, weeks or even months and started looking for real estate agents in the ads you found. Even if you are not comfortable with it, you have sent a deposit to end this marathon. Rental agreement sent via whatsapp. You did not understand what you read, but you said “ok whatever” and went to the real estate office to make a lease agreement and get the keys. In addition to the rental agreement, you have also been presented with another document in the form of an eviction notice, similar to the one above. The dates on it are blank. When you asked the realtor or landlord what it was, you were told it was taken as a matter of “procedure”. Did you believe? Do not believe. The eviction notice that meets the above conditions is valid even if the dates are empty.
Is it a crime to fill in the empty eviction notice afterwards?
According to the Turkish Code of Obligations, it is against the law to receive the eviction notice, which is taken as empty by the lessor or real estate agents at the beginning of the lease, before the delivery of the leased property. However, this act alone does not constitute a crime.
If there is another written agreement between the lessor and the tenant with a blank date, and it is filled in violation of this agreement, the crime of “Abuse of Exposed Signature”, regulated in Article 209 of the Turkish Penal Code, may occur. In the proof of this crime, there must be a written document stating that the voided signature was filled in violation of the agreement. (Court of Appeals Decision to Unify Jurisprudence 1988/1-1989/2)
Most tenants object that the eviction notice is empty and filled later. In case the eviction notice is issued as “NULL” after the beginning of the rental relationship and is subject to enforcement proceedings or lawsuits against the tenant; It is important to prove that the eviction notice was filled and processed later.
In the ongoing practice of the Supreme Court of Appeals Law General Assembly; It decides that the burden of proof that the eviction notice was given at the beginning of the rental relationship is on the TENANT’s side.
For example, in the decision of the General Assembly of the Supreme Court of Appeals dated 28.09.2021, numbered 2017/975 and 2021/1108 Decision;
“…as stated above, in accordance with Article 6 of the TMK and Article 190 of the HMK, the burden of proof belongs to the party who has been entitled in his favor from the legal result attached to the alleged case. The defendant tenant, who claims that the eviction contract was signed before the lease agreement, is obliged to prove this claim. In this case, it is not correct for the court to reverse the burden of proof and to dismiss the case.” It has ruled that the burden of proof is on the tenant.
Tenants who want to rent a house or workplace will need to make the proof in writing in this case.
For these reasons, we will propose some methods for the “tenant who signed the eviction notice as vacant or before the beginning of the lease” to invalidate the eviction notice.
6. How Can I Cancel and Invalidate the Eviction Notice under Turkish Law?
It is very difficult to find a house or workplace for rent. You are right. If the landlord or real estate agents require the eviction notice, then should we give up on renting the house or workplace? No.
State “verbally” that you do not want to sign the eviction notice that you have signed with the warrant. If it says “must have” sign it. Take a photo of the eviction notice you signed. Be sure to collect the keys.
You can use the following methods to invalidate the eviction notice. I recommend that you seek support from lawyers while applying these methods.
The eviction notice is regulated in the first paragraph of Article 352 of the Turkish Code of Obligations. In order for the Eviction Notice to be valid, it must be received “after the delivery of the leased property“. This condition is a mandatory provision. However, to prove the opposite of this condition can only be done with written evidence. The burden of proof is on the tenant who signed the eviction notice. (You may have seen that some law firms have written information on the eviction notice on their websites that this will be proven with all kinds of evidence. This information is not entirely correct. Written evidence is required in proving that the discharge commitment signed blank is against the contract. Witness statement is not respected)
A- Sending a Written Warning from a Notary Public
What needs to be done is this. Before the starting date of the rental agreement or at the latest on the same day as the starting date of the rental agreement, you must send a notary warning to the landlord.
In the warning; that you had to sign with a blank date since the empty eviction notice is asserted as an indispensable condition for meeting your housing or workplace needs, that your real will is not in this direction, that you have to sign it before you receive the keys, not after the rental is delivered. Since you have sent the warning, you can state that the evacuation undertaking in question has been issued in violation of the mandatory provision of the law. You can also attach the blank dated eviction notice that you have photographed to the notary public warning.
There will be a date on the warning sent from the notary public. In case the eviction notice is processed, you will prove that the eviction notice was not issued after the delivery of the leased property.
The owner of the rented flat or workplace or the real estate agent called you and why did you send a warning, etc. “I have verbally stated that I do not want to sign.” you can say. If it makes it even longer, use that cool sentence; “You can talk to my lawyer.”
B- In houses used as family residences, making the spouse a party to the contract and invalidating the eviction notice.
The use of this method may only be valid for the undertakings given by married persons for their residences.
Generally, only one signature is obtained for married persons in residential lease agreements. This is usually the husband. So far, I have not seen a contract in which both spouses are parties to the lease agreement.
After the husband or wife has given the rental agreement and the blank eviction notice, the person rented to be used as a family residence in accordance with the fourth paragraph of Article 194 of the Turkish Civil Code, with the written declaration of the other spouse, who is not a party to the rental agreement, can become a party to the agreement. With such a declaration, he will become the lessee of the lease agreement. However, only one tenant will sign the eviction notice. In the event that the lease agreement is used because neither party has signed the eviction notice, the eviction lawsuit based on the eviction notice should be concluded in your favor with this claim. – It would be appropriate to send the warning from a notary public in order to fulfill the proof requirement.
This method must be done before the execution proceeding or lawsuit is filed based on the eviction notice. Otherwise, your objection will not be heard at the court stage and your eviction will be decided.
This method can also be used for the new landlord if the apartment you rented is sold. Generally, when new landlords buy flats with tenants, they also get the original of the eviction notice from the old landlord. The spouse, who is not a party to the rental agreement, can send a warning to become a party to the rental agreement immediately after the new owner sends the warning with the title deed.
C- Eviction Notice Signed by the Attorney
In order for the eviction notice to be valid in the lease agreements made with the attorney, the power of attorney given by the tenant to the attorney must be authorized as “signing and making an eviction nitoce”. Otherwise, the eviction notice will not bind the tenant. However, after the signing of the eviction notice, a notary warning can be sent by the attorney to the client, namely the tenant, and it will be proven that the eviction notice was signed before the delivery of the leased property.
7. Does the Tenant Have to Sign a Eviction Notice under Turkish Law?
According to the law, if the tenant signs the eviction notice before delivery, it will be invalid. However, as we have explained above, since most landlords or real estate agents will not give an apartment to the tenant who does not sign a rental eviction notice, the tenant has to sign an eviction notice together with the rental agreement.
After receiving the keys, the tenant does not have to sign the eviction notice. He will be free to sign or not, according to his own free will.
8. Evacuation with Eviction Notice
There is an eviction notice and the tenant does not come out. What are we going to do?
Execution proceedings based on the eviction notice; Execution proceedings, which we call the sample no:14 follow-up, are initiated. After the enforcement proceedings are initiated, some enforcement offices may request a receipt showing that the stamp duty of the rental agreement has been paid before sending the eviction notice. Some don’t want to. The eviction notice is notified to the tenant. Submit your objections within 7 days, otherwise there will be a notice to evacuate the leased property within 15 days. The tenants who see this take their breath in the executive directorate. In general, they try to object with a petition written to the petitioner.
Objections Against Enforcement Proceedings Based on the Eviction Notice
Objection that the eviction notice was given blank and was issued on the same date as the rental agreement. In case of these objections, the action for annulment of the objection must be filed in the civil court of peace. Enforcement law court cannot examine such objections. In this case, the tenant must also prove in writing his objections that the eviction notice was given as empty, and his objections that he gave the eviction letter before the delivery of the tenant. It is not possible for the tenant who does not apply the methods described above to prove this in writing. No examination or research will be carried out in the form of ink age examination. The court will order eviction.
In the objection that the rented property is a family residence, it will be investigated whether there is a determination made before the execution proceeding that the residence in question was used as a family residence. Since there is no such determination, evacuation will be decided.
Objection that the signature on the eviction notice does not belong to the tenant. In case of objections numbered 1 and 2, the court in charge is the civil court of peace, whether there is an objection to the signature or not. However, if there is only an objection to the signature, in this case, the case can also be filed in the execution court. In the execution law court, an expert examination will be made on whether the signature belongs to the defendant-tenant.
9. Case for Eviction Based on Rental Eviction Notice under Turkish Law
An eviction lawsuit based on a rental eviction notice can be made either by initiating enforcement proceedings or by filing an eviction lawsuit directly.
It would be a more logical way to start enforcement proceedings first. Because if the tenant does not object, the possibility of eviction arises without the need for a lawsuit.
If there is an objection to the enforcement proceedings, it will be mandatory to file a lawsuit. According to the objections above, the court in charge of which the eviction lawsuit will be filed may be changed as the civil court of peace or the court of law enforcement.
The most important point to note; is the initiation of enforcement proceedings or the filing of a lawsuit within one month from the date of release. Since the one-month period is deprivation of rights, the lawsuit filed after the expiration of the period will be rejected.
We recommend that you seek legal support from lawyers in resolving your legal disputes.
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.
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