A guide explaining the conditions of a default notice, execution without judgment, two justifiable warnings and eviction proceedings against a tenant who does not pay the rent.
It is not a legal method for a landlord to directly change the lock, remove belongings, or cut subscriptions to evict a tenant who does not pay rent. It must be determined which months the rent debt pertains to, payment records should be examined, and the appropriate legal path should be chosen in accordance with the Turkish Code of Obligations and the Laws on Execution and Bankruptcy. Incorrect amounts, insufficient notice periods, or faulty notifications can prolong the eviction process.
Although payment of rent through a bank in Antalya and Manavgat facilitates proof, transfers made without explanation or by a third party are evaluated separately.Lawyer Ahmet Emre ÇimenIt states that in order to correctly plan the rent claim and eviction target in the same file, the contract, receipt, and notifications should be reviewed together.
The Actual Debt Amount Must Be Determined First
Before legal action, the amount in the rental agreement, payment day, and increase provisions should be compared with bank transactions. The tenant may claim partial payment, deduction, or cash payment. Different items such as maintenance fees, electricity, or damage costs should not be confused with the rental debt. The request should clearly indicate which months' base rent it is based on.
The landlord changing their bank account, not accepting payment, or not providing account information may be important when evaluating the tenant's default. Correspondence between the parties and previously agreed payment arrangements should be preserved. An accurate account statement created at the beginning of the dispute is the basis for both the notice and the enforcement procedure.
Eviction with a Notice of Default
If the tenant does not pay the due rent, the landlord can notify the tenant in writing, giving an appropriate period, and state that they will terminate the contract if payment is not made. For residential and roofed workplace rentals, the period to be given is at least thirty days, and the notice becomes effective from the day following the day it reaches the tenant. The notice must clearly state the period of debt, the amount, and the intention to terminate.
If the tenant pays the entire debt within the given period, the possibility of termination based on this default event may be eliminated; however, if the conditions are met, delay may still be significant concerning two justified warnings within the same rental year. Partial payment within the period is also assessed according to the nature of the remaining debt.
Lease Receivable and Eviction Through Non-Judicial Enforcement
If the landlord aims to collect the rent and evict the tenant together, they can utilize the non-judicial enforcement procedure specific to the rent claim. A payment order is sent through the enforcement office. In the case of residential and roofed workplace leases, the tenant is granted a thirty-day period to pay their debt, while there is a shorter legal period for objecting to the payment order. Since the periods start upon notification, the validity of the notification is of critical importance.
If the tenant objects to the debt or rental relationship, the enforcement may be suspended, and the appropriate legal route for lifting or canceling the objection becomes relevant. The nature of the written lease agreement, objection to the signature, and documents related to the receivable affect the competent authority and the procedure to be followed. If the tenant does not object and does not make payment within thirty days, it may become possible to apply to the enforcement court for eviction.
Eviction Due to Default Through Litigation
If the tenant does not make the payment within the period given following a proper notice of default, the landlord may file a lawsuit for the termination of the contract and eviction. In lawsuits arising from the rental relationship, the mediation arrangement as a precondition to the lawsuit should be considered. On the other hand, the exception provided in the law for eviction through enforcement without a court judgment is important with regard to the chosen method.
The lease agreement, notice and delivery documents, bank records, account statement, and if any, the tenant's responses are attached to the lawsuit file. The subsequent payment of the debt, the content of the notice, and the payment date may affect the right of termination in the specific case. Therefore, instead of simply saying 'there was a debt,' the chronology should be established with documents.
Eviction Due to Two Justified Notices
If the tenant in a lease agreement of less than one year causes two justified written warnings to be sent to them due to not paying the rent during the rental period; in a lease agreement of one year or longer, or exceeding one rental year, the landlord may file an eviction lawsuit within the period specified by law starting from the end of the relevant period.
It is important that the warnings relate to two different due rental debts, are justified in nature, and that the payment times are considered. If the tenant has paid the debt before the warning, the justification of the subsequently sent warning may be disputed. It should be carefully calculated whether the two warnings are within the same rental year and the lawsuit period.
Which Path to Choose and When?
Legal Path Basic Purpose Prominent Control
Default notification and lawsuit Termination of the contract and eviction Written notification, statement of debt, and at least thirty-day period
Enforcement without judgment Collection of rental receivable and eviction if conditions exist Payment order, objection, and payment periods
Two justified warnings Eviction at the end of the term due to repeated delays Different rental debts, same rental year, and lawsuit timing
There is no general rule that one of these methods is superior to the other. The amount of the debt, the tenant's potential objections, the presence of a written contract, the notification address, and the landlord's priority should all be evaluated together. Conflicting claims should not be created in the same file.
How Is the Process Affected When the Tenant Makes a Payment?
It is decisive whether the payment is made before or after the notice or payment order. Full payment within the legal period given for default may affect the termination request based on that event. However, collection costs, interest, or any remaining rent can be separately examined. If the explanation of the payment and which month it is applied to are unclear, a new accounting dispute may arise between the parties.
The landlord's acceptance of payment does not necessarily mean that they accept the continuation of the lease under all conditions; however, a reservation and the stage of the file are important. Every payment from the tenant should be recorded in the account table with its date and explanation.
Practices Landlords Should Avoid
Even if the rent is not paid, the landlord cannot forcibly evict without going through the court or enforcement process. In particular, the following behaviors can create legal liability:
Changing the lock without the tenant's knowledge,
Cutting electricity, water, or natural gas to exert pressure,
Removing or withholding the tenant's belongings,
Threatening, continuously disturbing, or entering the dwelling without permission,
Demanding amounts different from the actual debt and without documentation.
Although legal follow-up may take time, actual intervention can put the landlord at risk of compensation or criminal investigation. Eviction decisions should be enforced through authorized authorities within the framework of finalization and execution rules.
Notification and Evidence Management
The tenant's address in the contract, the address of the leased property, and other known notification information should be used correctly. If a notification is returned, it should not be assumed that the periods started without examining the reason for its return. Electronic correspondence may serve as supporting evidence; however, it does not always replace procedures that require written notification and official notice under the law.
In an organized file, the contract, bank statements, monthly account table, warnings, notification minutes, and meeting records are kept chronologically. This order enables the real debt to be negotiated in mediation and ensures that the claim is presented clearly during the litigation stage.
Guarantor and Multiple Tenants
If there are multiple tenants signing the lease agreement, it should be carefully determined to whom the notice and follow-up will be directed. The fact that one of the tenants has vacated the property does not automatically terminate their status in the contract. Whether the debt was jointly assumed and whether the landlord explicitly approved a change in the parties is examined through the contract and subsequent correspondence.
If a surety is provided, the liability of the guarantor depends on validity conditions such as written form, maximum amount, date, type of guarantee, and if necessary, the spouse's consent. Simply writing "guarantor" in the lease agreement does not automatically create unlimited and indefinite liability. While the eviction request is primarily directed at the tenant, whether the rent claim can be pursued from the guarantor requires a separate legal assessment.
Rent Claim and Eviction Proceedings in Antalya
The course of action against a tenant who does not pay rent is determined not only by the amount of debt but also by whether the landlord aims for collection, eviction, or both.Attorney Ahmet Emre Çimenprovides legal support in Antalya and Manavgat according to the specifics of the case in processes such as calculation of rent debt, warning, enforcement proceedings, mediation, and eviction lawsuits.
Frequently Asked Questions
How many days after a tenant does not pay rent will they be evicted?
There is no automatic eviction day. A minimum payment period of thirty days is granted for default in residential and attached workplaces; after that, the chosen lawsuit or enforcement process is completed.
Is one month of rent debt sufficient for eviction?
An overdue rent debt can be the basis for the default process. However, proper notification, legal period, and subsequent judicial conditions must be fulfilled.
What happens if the tenant objects to the payment order?
The enforcement may stop at the contested amount. Depending on the lease agreement and the nature of the objection, the appropriate procedure is followed to remove or cancel the objection.
If the tenant pays the debt within 30 days, will they be evicted?
The eviction possibility based on this default event is generally affected. The consequences of the delay in terms of two justified notices can also be evaluated according to the specific rental year.
Can the landlord remove the tenant's belongings?
No. Removing belongings, changing the lock, or interfering with the residence without court and enforcement proceedings may lead to legal and criminal liability.
Is mediation required before enforcement proceedings?
Eviction through enforcement without a judgment is an exception to the mediation requirement in rent disputes. However, the nature of the lawsuit to be filed after the enforcement should be evaluated separately.