Court Competent in Tenant Eviction

One of the legal disputes we face a lot today is the fact that the tenant does not pay the rent debt. The lessor in this case needs to demand the collection of the rent debt and demand to evict the tenant from the real estate as soon as possible.

In 4 ways, if the rent debt is not fully paid by the tenant, the lessee can arrange the eviction of the tenant from the real estate in 4 ways and request the collection of the debt.

Pursuant to Article 269 of the Enforcement Bankruptcy Code 1, enforcement proceedings against the tenant for eviction can be carried out. Following this, the tenant is sent a payment order for unpaid rent and is warned to pay the debt within 30 days. If the tenant does not pay the debt in full by the end of the given period or does not object within the 7-day appeal period, a lawsuit is filed in the Executive Court with a request for eviction. The eviction order issued by the Executive Court is finalized through the bailiff office and the tenant is evicted from the real estate; in the enforcement proceedings, at the same time, foreclosure is requested and the debt is collected.

2. A second path to be followed by the lessee is regulated by Article 315 of the Law on Debts No. 6098. Accordingly, if the tenant does not pay the rent and its ancillary expenses, a notice is sent to the tenant through a notary and is given a period of at least 30 days (for residential and residential premises) and is warned to pay the said debts, otherwise the contract will be terminated. If, despite the given period, the tenant does not pay the rent debt, a lawsuit is filed with a request for eviction. The eviction order issued as a result of the case is finalized through the bailiff office.

3 There is another regulation made by Article 362 of the Law on Obligations. Accordingly, if the Renter does not pay the overdue rent or ancillary expenses after the delivery of the lessee, the lessor can give the tenant a minimum of sixty days' notice in writing and notify him that he will terminate the contract if he does not pay within this precondition. Here, too, if the tenant does not pay the rent debt despite the given period, a lawsuit is filed with a request for eviction. The eviction order issued as a result of the case is finalized through the bailiff office.

4. Another regulation is introduced by Article 7/1-E of the Law on Real Estate Rents No. 6570. Accordingly, in the case of leases of less than one year, within a lease period of less than one year, and in leases with a duration of more than one year, the tenant has been notified of two justified warnings due to non-payment of the rental price within one year; in a month following the end of the lease term, an eviction case is also filed without notice. The eviction order issued as a result of the case is finalized through the bailiff office.

So, which court officiates in the case of tenant eviction?

In all cases of eviction, termination of the deed or determination based on the lease agreement and in the case of receivables and damages brought together with these cases, the court responsible is the Magistrate's Judge.

If the rent or compensation cases have been filed alone, in this case, the competent court is determined according to the amount requested. Since eviction cases do not relate to the same real estate, there is no obligation to open it at the place where the real estate is located.