ENTRANCE
In case of non-payment of rent, the lessor may take enforcement action to collect the receivables and evict the tenant from the property.A non-judgment proceeding may be initiated based on Articles 269 and subsequent articles of the Bankruptcy Law, requesting an eviction. In this case, the enforcement office serves a payment order (Example: 13); the debtor tenant has a seven-day objection period and a minimum payment period of 10/30/60 days, depending on the type of contract. Failure to file an objection and make a timely payment will result in the enforcement proceedings being finalized and the eviction phase initiated. In the event of an objection, the objection must be lifted and the eviction must be sought in the enforcement court.
DEVELOPMENT
1-) Normative Basis and Crossroads
– Article 269 et seq. of the Enforcement and Bankruptcy Code regulates the procedure for non-judicial eviction of leased properties; non-payment of rent is specifically handled under Example 13. In this proceeding, the creditor may simultaneously demand (i) the rent receivable and (ii) eviction. If the eviction request is not explicitly stated in the request, Example 13 cannot be used; only a general lien (Example 7) is required for the receivable. If the eviction request is not explicitly stated in the request, Example 13 cannot be used; only a general lien (Example 7) is required for the receivable.
-TCO Article 315 (termination due to default) is a separate method.It regulates that the lessor can terminate the contract and file an eviction lawsuit if payment is not made within the period given by the notice; It is an independent but parallel possibility from Example 13.
2-) Initiation of Tracking and Content of Example:13
-As a rule, the competent enforcement office is the court where the leased property is located.
-The lessor specifies the rental periods, amount, eviction request and written contract (if any) in the enforcement request; the enforcement office sends the Example: 13 payment order.
3-) Deadlines: Objection and Payment
Objection period:7 days from the date of notification. Objection proceedings are suspended.
Payment terms (minimum):
-Ordinary rent: 10 days,
-Housing and roofed workplace: 30 days,
-Product (revenue) rental: 60 days.
If payment is made in full and on time (including tracking costs), the eviction request will be dismissed;If payment is not made and no objection is made, the pursuit is finalized and the eviction phase begins.
4-) No Objection: Finalization and Discharge
If the tenant does not object within seven days and fails to make payments within the 30/10/60-day periods stipulated in the Turkish Code of Obligations, the creditor will file an eviction lawsuit with the enforcement courts, requesting eviction. In this case, no objections from the tenant will be considered, and the eviction order will not be issued unless the tenant submits written evidence of payment within 30 days of the payment order. Any objections from the tenant other than this will not prevent the eviction.
-If an eviction application is made to the court before the 30-day period expires, it will be rejected because the tenant’s right to payment continues.
5-) In Case of Objection: Removal of Objection and TaHliye
-An objection made within a 7-day period halts the proceedings; the creditor requests the removal of the objection (definitive/temporary) and eviction in the enforcement court. (Proof documents for the EBL article 68/a: bank receipt, etc.)
– Objection to the contract by the tenantIn this case, a lawsuit for removal of objection and eviction is filed in the Civil Courts of Peace, which are general courts.
6-) Partial/Late Payment and Its Consequences
If the tenant pays the debt in question (residence/roofed workplace) in full within 30 days, they cannot be evicted; in the event of partial payment, the conditions for eviction continue to apply. Furthermore, if the tenant only pays the rent due from the debts in the enforcement proceedings, no eviction order will be issued. Failure to pay enforcement costs and attorney fees will result in eviction.If the tenant does not pay the enforcement costs and attorney fees, seizure proceedings may be initiated. If the tenant only pays the rent in the enforcement file and objects to other receivables, the objection may be withdrawn or removed, depending on the form of the objection.These receivables can be collected through a cancellation lawsuit.
– Example: 13 follow-up based on incomplete payment can be done; the tenant can prevent eviction with an objection within 7 days or full payment within 30 days.
7-) Procedural Economy and Options: Only Receivable – Receivable+Evacuation
If only the receivable is sought, a general lien (Example 7) must be used; if an eviction is also sought, Example 13 must be used, and the intent to evict must be clear in the enforcement request. Otherwise, an eviction request cannot be based on Example 13. This is generally the practice of the Supreme Court.
😎 Yinfluence and duty
Authority:The place where the leased property is located is the enforcement office.
Duty:A lawsuit to remove an objection is heard in the Enforcement Civil Court, and if there is a lawsuit to cancel an objection, the lawsuit is heard in the Civil Courts of Peace. An application for mediation is mandatory before the lawsuit to be heard in the Civil Courts of Peace. For example, if the tenant files an objection stating “I object to the lease agreement,” a lawsuit for cancellation of objection and eviction must be filed in the Civil Courts of Peace. A mediator is also mandatory. However, if the tenant files an objection stating “I have no debts,” a lawsuit for “Removal of objection and eviction” can be filed in the Enforcement Civil Courts. There is no requirement to apply to a mediator in this case. Similarly, a lawsuit for cancellation of objection and eviction can be filed in the Civil Courts of Peace, which are general courts, against an objection stating “I have no debts.” This is at the plaintiff’s discretion. However,Cases of objection removal and eviction are heard by the Enforcement Civil Court and are decided more quickly. Furthermore, the appeals limit of the Enforcement Civil Courts is higher than the appeals limit of the Civil Courts of Peace. If the Enforcement Civil Court issues a final decision, no application for a stay of execution can be made, and the decision is rendered in a shorter timeframe.Evacuation is provided in a shorter time and more easily.
9-) Common Procedural Errors and Jurisprudential Notes
-Not writing the request for release clearly in the follow-up request invalidates the Example:13 regime; release cannot be requested later.
-Example: Not writing the 30-day period in article 13 (residential/roofed)workplace) is a reason for irregularity; the Supreme Court of Appeals has made the grounds for reversal. COURT OF APPEALS 8TH CIVIL CHAMBER E. 2017/5190 K. 2018/9913 T. 26.3.2018:
| “…The plaintiff creditor has started the enforcement proceedings on 18/01/2016 and has completed the collection of 22,969.32 rent and accrued interest receivables.Even though the execution file, which was the basis for the case, was found to be missing a 30-day period for the payment of the debt in the sample payment order number 13 issued by the enforcement office. The Turkish Bankruptcy Code, which should be applied in our case, referred to Article 269/1 of the Enforcement and Bankruptcy Code.The thirty-day payment period specified in Article 315 of the Law on Obligations must be clearly stated in the payment order. A payment order not issued in accordance with the law does not have legal consequences. An eviction order cannot be issued based on a payment order that does not have legal consequences.”While it is necessary to reject the request, giving a decision of release is against procedure and law…” |
-The eviction request will be rejected before the 30-day period expires.
-Limitations for asserting a claim for payment before enforcement/notification in the enforcement courtIf there is a payment, proof with documents is required.
10-) Six-Month Timeframe (Filing an Eviction Case)
In the doctrine and the TBB article, it is emphasized that if the follow-up is finalized, the eviction case must be filed “within 6 months following the end of the notice period.”(Commentary to Article 269/a of the EBL). This shows that in practice, requests for eviction must be made without delay.
11-) Membership Debt Becoming a Reason for Eviction
-There are Supreme Court decisions stating that the dues are not directly considered the principal receivable (rent) for eviction through enforcement proceedings, and therefore, the eviction request, as in Example 13, can only be processed if the rent and dues are issued together. Otherwise, ancillary items such as “annual expense contribution, water, and electricity” can only be considered within the scope of general lien proceedings.
However, some concrete decisions suggest that even if the tenant fails to pay the manager’s dues (for example, a dues debt of only 50 TL), a default has occurred and eviction is possible. The Supreme Court has issued decisions based on this assumption.
12-) Applicationschema (Summary)
Follow-up request(eviction request is open) → 2) Example: 13 notification (7 days for objection, 10/30/60 days for payment) →
a) No objection &no payment:the pursuit is finalized, an eviction lawsuit is filed → seizure and eviction.
b) There is an objection:removal of objection in the enforcement court and cancellation of objection + eviction request in the civil court of peace; cases filed before the 30-day period expires are rejected on procedural grounds.
c)Full payment on time:No eviction can be requested, the pursuit is closed.
13-) Checklist (for Creditor-Lessor)
– Evacuation will also be requested → Example:13 and the will to evacuate will be clearly stated in the follow-up request.
-Choosing the competent enforcement office (where the leased property is located)
-Lease periods and amounts are clear, evidence is attached (contract, account statement)
– The deadlines must be written correctly. (7 days for objection; 10/30/60 days for payment)
-If a lawsuit requesting eviction is filed before 30 days have passed, the court will reject the lawsuit.
-Evacuation without delay after finalization; case for removal of objection within 6 months or case for cancellation of objection within 1 year
CONCLUSION
In cases of non-payment of rent, non-judgmental enforcement through Example 13 is a special procedure that provides speed and focus in favor of the landlord. However, the eviction request must be clearly written, the jurisdiction rule and the deadlines (7 days for objection; 10/30/60 days for payment; 6 months for eviction application) must be meticulously implemented, and irregularities such as incomplete payment orders must be prevented. Doctrine and Supreme Court practice are consistent in stating that the 30-day period must be absolute and that an eviction order cannot be issued before the period expires.
FREQUENTLY ASKED QUESTIONS ABOUT EVICTION CASE DUE TO NON-PAYMENT OF RENT (EXAMPLE: 13)
1-) What is Example 13?
Example 13 is a non-judicial payment order sent to the tenant requesting both the payment of the rent and the eviction of the property. Example 13 is a request for both the rent and the eviction.
2-) How is Sample 13 sent to the tenant?
The enforcement director shall, upon receipt of the follow-up request,is obliged to notify the debtor of the payment order Example 13 within three days.
3-) What should be included in the Example 13 payment order?
It should include information on the debt and duration, the right to object, a notice of acceptance or objection to the lease agreement, and explanations such as eviction and lien requests.
4-) Is the lessor obliged to attach the written lease agreement?
No, a written rental agreement is not mandatory, but if there is one, it can be added to the tracking request.
5-) How does the tenant object to Example 13?
An objection may be made to the enforcement office by petition or verbally within 7 days from the date of notification.
6-) What is the use of objection?
Objection stops the non-judgment proceeding; in this case, the creditor must file a “case for removal of objection and eviction – case for cancellation of objection and eviction” depending on the form of the objection.
7-) OHow long is the waiting period in which case?
-Ordinary rent: 10 days
-Residential / roofed workplace: 30 days
-Product rental: 60 days
😎 What happens if payment is made on time?
If the debt is paid in full, a request for eviction cannot be brought forward and the pursuit ends.
9-) If payment and objection are not madewhat happens?
The enforcement proceedings are finalized; the creditor can apply to the enforcement court and file an eviction lawsuit within 6 months.
10-) In which court is the case for Removal of Objection and Evacuation filed?
A lawsuit for “removal of objection and eviction” is filed in the competent enforcement court.
11-) What happens if 6 months pass?
If the creditor does not apply within 6 months of the end of the payment period, they cannot initiate a new proceeding for the same receivable, as per Example 13. Repeated proceedings may also occur.
12-) Is there a time limit to object to an eviction order?
ExampleThe objection period for 13 payment orders is 7 days; if there is no objection at the end of this period, the pursuit becomes final.
13-) What happens if the rent is not paid properly?
Underpayment does not affect Example 13; the eviction process continues unless full payment or objection is made.
14-) There is no written lease agreementWhat happens then?
Example 13 can be used; if there is no written contract, the tenant can dispute the contract.
15-) Should a goods declaration be made during tracking?
There is no obligation to declare goods in the Example 13 process.
16-) What are the common mistakes made in practice?
-Incorrect spelling of durations
-The request for eviction is not clearly stated in the follow-up request.
-Applying to an unauthorized enforcement office or court
17-) How long does the trial take?
Each case should be evaluated individually. Objection removal and eviction cases are generally short-lived and can be decided in a single hearing, depending on the completeness of the evidence. If evidence is incomplete or an expert examination is required, the case may last two or more hearings. Objection removal and eviction cases, because they are heard in the Civil Courts of Peace, take longer. Hearings are scheduled later than in the Enforcement Civil Court. If witnesses are heard, the number of hearings and the decision-making time will be extended.
EVICTION CASE DUE TO NON-PAYMENT OF RENT (EX.COURT OF APPEALS DECISIONS REGARDING NEK:13
1-) COURT OF APPEALS 8TH CIVIL DIVISION E. 2017/5190 K. 2018/9913 T. 26.3.2018:
| “…The plaintiff creditor requested the collection of 22,969.32 rent and accrued interest receivables through enforcement proceedings initiated on 18/01/2016.In the enforcement file used as the basis for the case in e, it was observed that the 30-day payment period for the debt was not stated in the sample payment order numbered 13 issued by the enforcement office. The Turkish Code of Obligations, which should be applied in our case, was cited by the Enforcement and Bankruptcy Code’s reference to Article 269/1.The thirty-day payment period specified in Article 315 of the U.S. Code must be clearly stated in the payment order, and a payment order not issued in accordance with the law will not have legal consequences. Since an eviction order cannot be issued based on a payment order that does not have legal consequences,While the request should be rejected, the decision to release is against procedure and law…” |
2-) Supreme Court Decision – 6th HD., E. 2009/10620 K. 2009/11415 T. 22.12.2009
| “…has initiated enforcement proceedings with a request for eviction in the case numbered . What is the defendantInstead of Example 13, a thirty-day payment order, Example 7, was served on behalf of the debtors. In this case, the payment order was duly executed in accordance with Article 260 of the Code of Obligations, in accordance with Article 269/1 of the Execution and Bankruptcy Law.It cannot be said that a payment order with a thirty-day payment period was not sent to the defendant debtors, and therefore, considering that the default conditions were not met, the request for evacuation should have been rejected, but the request was submitted in writing.”Its acceptance was inappropriate and required reversal…” |
3-) Supreme Court Decision – 6th HD., E. 2013/6088 K. 2013/8981 T. 22.5.2013
| “…The creditor lessor, upon the objection of the debtor, shall file a petition of objection after the legal 30-day payment period has passed.”…the debtor may apply to the enforcement court within the statute of limitations period of six months from the date of notification to the debtor and request the removal of the objection and the request for eviction. The six-month statute of limitations period begins from the date the debtor’s objection petition is notified to the creditor…” |
4-) Supreme Court Decision – 6th HD., E. 2006/8809 K. 2006/10494 T. 30.10.2006
| “…In this case, the tenancy relationship and the requested monthly rent are finalized in accordance with Article 269/2 of the EBL. The debtor is obliged to apply Article 63 of the EBL, which should be referred to by Article 269/d.Since the debtor cannot expand on the grounds for objection as per Article i, his statements in his petition dated 7.9.2005 cannot be taken into account after the objection period has passed…” |
The Importance of Legal Support
Tenancy law, eviction cases and contractual disputes;These are matters that require technical knowledge, legislative expertise, and deep expertise in judicial practices. While the legal provisions are clear, each case has its own unique circumstances, and even a small mistake can lead to loss of rights. Therefore, working with an experienced attorney from the beginning of the process is crucial to determining the right strategy, protecting your rights, and achieving the fastest possible outcome.
It’s important to remember that every step taken during the litigation process has legal and financial implications. A professional lawyer will guide you not only in preparing the petition but also in gathering evidence, representing the court, negotiating, and pursuing potential alternative solutions.
In order not to risk your rights and to manage the process safely, it is recommended that you consult a specialist lawyer.