COURT IN CHARGE OF EVICTION PROCEEDINGS

One of the most important issues to consider when filing a lawsuit in a court is which court is in charge. The duties of the courts are determined by law.

The task is related to public order. It is therefore considered at every stage of the proceedings.

The court in charge of eviction proceedings is set out in Article HMK 4/1-a (HUMK 8/II-1).

The legal courts are responsible for all disputes related to the eviction of the leased real estate by way of unannounced execution according to Article 9.6.1932 dated 2004, including the claims arising from the lease relationship and the cases brought against these cases.(In this sense it is not important that the lessee is movable or immovable)

AUTHORITY HMK 5 (HUMK 9.) Md

Another important point to consider when filing a lawsuit in a court is which court is competent.

Authority: refers to the court in which a case is to be looked at.

HMK 6 (HUMK 9) Md, which sets the General Authority rule. according to the general competent court the defendant is the court of settlement of the real and legal person on the date of the case being opened.

The concept of the settlement mentioned in the article is determined according to the provisions of the Turkish Civil Code dated 22.11.2001 and numbered 4721.

Since the dispute does not relate to the same property, the competent court in eviction cases is determined according to the rules of HMK 6 and 7 (HUMK 9)and HMK 10 (HUMK 10).
According to Article 10 of HMK, jurisdiction in cases arising from the contract may be opened in the court of the place where the contract will be executed.
Accordingly, the competent court is the court of the settlement of the defendant or the place of execution of the contract is also the place where the immovable property is located, for the most part, eviction cases are dealt with in the court of the place where the immovable is located.
Article 17 of the HMK states that ” merchants or public legal entities of the jurisdiction contract may contractually authorise one or more courts in respect of a dispute arising or arising between them. Unless otherwise agreed by the parties, the case can only be opened in these courts determined by the contract”.

According to this provision, personal persons shall not be able to arrange an authorization agreement for the lease agreement they have made between themselves.