16 Mar FOLLOW-UP AND APPEAL PROCEDURE REGARDING THE LEASE RECEIVABLES
If the obligations imposed on the lessee are not fulfilled by the lessee in the Turkish Code of obligations, there is a violation of the lease agreement. In this case, if a decision is made to evict at the end of the case filed, the real estate may be requested to be evicted by putting ilam into execution. In case of non-payment of the rental price or expiration of the rental period, the lessor may request the eviction of the real estate through the enforcement agency. In case of non-payment of the rental price, the lessor may request the rental price from the tenant by initiating an enforcement proceedings and request his eviction.
When the lessee does not pay the rent, the lessee may claim the unpaid rent by payment order, which he will send through the enforcement agency. However, if the lessor requests the eviction of the rented real estate along with the rental costs, as a rule, he must follow up the eviction without notice. With the enforcement proceedings to be initiated, both the rental price and the eviction issue can be requested at the same time.
If the lessee does not pay the rent or ancillary expenses due after the delivery of the lessor, the lessee may give the lessee a period of time in writing and inform him that he will terminate the contract if he does not pay the performance during this period.The period to be granted to the tenant is at least 10 days, and for residential and roofed workplace rents it is at least 30 days. This period begins to function from the day following the date of written notification to the tenant. If the tenant who is a party to the enforcement proceedings does not pay the rent during these periods, the lessee may ask the enforcement court to decide on the tenant’s eviction.
The payment order sent within the execution follow-up can be challenged within 7 days (3 days for lease agreements less than 6 months). Must be paid within 30 days. If no objection is made during the period or the rental price is not paid within 30 days, the enforcement proceedings will be finalized. After the finalization, the lessor may request the eviction of the real estate from the executive court. The lessor asserts the rent fees that are not paid in the case that he will file, interest that is not counted from the rent fees within the periods, enforcement expenses, lawyer’s fee cannot be requested from the court due to non-payment. However, if the communal expenses of the apartment are on the tenant, they can also be requested. In short, eviction may be requested only if the rental price is not paid in the enforcement proceedings initiated due to the lease receivables. If the tenant makes a partial payment and pays the rent after the enforcement proceedings are initiated, he cannot be evicted from the council.
The tenant may object to the lease agreement contained in the enforcement proceedings after the payment order has been received to him. In order for the appeal to be continued after the appeal, the lessor must apply to the executive court within 6 months and request that the appeal be removed. If the lessor misses this period, he cannot request an indefinite release because he will receive the same rent again.
The lease agreement does not need to be written for the lessor to perform non-urgent eviction or enforcement proceedings. If the tenant does not object to the payment order that has come to him clearly and definitively during the term, he is considered to have accepted the lease agreement. In this case, there will be no examination of the validity of the lease agreement. If the tenant refuses the lease agreement, the lessor must prove the lease agreement in court for the continuation of the follow-up. The court in charge is the magistrate’s court. If there is no written, but notarized lease agreement, the case should again be filed in the magistrate’s court. The lessee holding the notarized lease agreement may request the removal of the objection from the executive court.
An appeal against the eviction order is available.However, it stops the sale and not the appeal. In order for the decision to be executed, the appeal decision does not need to be finalized. However, if the borrower invests the 3-month rental price as collateral, it is decided to cancel the execution. Although it does not need to be finalized with an appeal decision in order to be executed, a period of 10 days must elapse after the interpretation or notification of the executive court’s decision to the tenant.
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