Lease/Rent Debts/Receivable Cases in Turkey

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When does the case of lease debt should be opened?

If the tenant does not pay the full rent or pays incompletely, if he / she does not pay the maintenance fee  despite paying his rent, the owner can open a lawsuit against the tenant. In such a situation, the owner;

• can initiate enforcement proceedings against its tenant. In this way, he gets the chance to claim his receivables.

• can initiate enforcement proceedings directly for the receivables from the lessee tenant.

• In order to start enforcement proceedings for the dues, the owner must first pay the maintenance fees to the relevant management and become a creditor. Then enforcement proceedings can be started.

How Does the tenant evacuation take place?

If the tenant's release is requested by court and this case is won, the tenant will be released directly. Despite the court decision, if the tenant does not evacuate the place, the tenant is evacuated through the bailiffs. For the eviction of the tenant;

• The landlord may need that place. That need may be the for hisself/herself, his/her spouse, the lower or upper lineage, or the dependents.

• If the lessor needs a workplace, he can evict the tenant.

• If there is a reconstruction or zoning situation, the tenant can be evacuated.

• While the lease agreement is continuing, the relevant real estate’s ownership can change. In such a case, the new owner can continue with the tenant if he/she wishes. If the owner needs that place, he can request the eviction of the tenant.

• If the tenant does not pay the rent or pays it late twice in a year, due to these delays the tenant can be evacuated after he/she sent right official warning twice. 

• If a situation contrary to the tenancy agreement occurs, the tenancy agreement can be canceled.

It will be possible to evict the tenant with the eviction case to be opened.

For more details please contact us to assist you.

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