03 Jun EVICTION OF REAL ESTATE BY EXECUTION
Another way that the lessor can apply for for the purpose of eviction of the lessor is eviction by execution. First of all, it should be noted that ilamlımlı enforcement is possible, as a rule, for receivables of money and collateral, and ilamlımlı enforcement should be resorted to in order to initiate follow-up with requests other than this. For this reason, in order to initiate enforcement proceedings with a request to evict an immovable property, a lawsuit must first be filed against the tenant, this case must be concluded in favor of the lessor, which, despite this, if the tenant does not evict the immovable property, an eviction can be requested by ilamm execution.
However, in the presence of certain special conditions of the Legislator, it may be possible to evict the leased real estate by non-binding enforcement. In order to apply for this enforcement method, there must Dec be a lease agreement between the parties. There are two reasons for resorting to this path. These are non-payment of the rental fee and the expiration of the rental period.
a) Involuntary Eviction Due to Non-Payment of the Rental Price:
If the tenant does not pay the rent, the lessor can apply for a follow-up against the tenant as a creditor through a general lien without notice, since the money will be received by the lessor. However, with this follow-up, only the eviction of the rental price will be possible. However, if the lessor wants the tenant to be evicted from the real estate in addition to collecting the rental price, he has the opportunity to apply for an October-free eviction path.
In this follow-up, the payment order is sent to the borrower, which includes the payment of unpaid rent fees and the tenant’s real estate eviction requests so that the lessee is shown as the creditor, the lessee as the debtor. The debtor may object to this payment order within 7 days from the date of notification of the payment order to him or she, or pay the debt within 30 days for residential and roofed workplace rentals. If the borrower does not object to the payment order within 7 days, the follow-up will be completed and the creditor/lessor will wait for the payment to be made within 23 days remaining from the 30-day payment period. If the debtor tenant is not paid by the party within this period, the lessor may request the tenant to be evicted from the real estate from the executive court within six months after the expiration of the period. With an eviction order to be issued by the executive court, the tenant is evicted from the rented one.
b) Indefinite Eviction Due to the Expiration of the Lease Period:
In order to apply for this route, the lessor must have a written lease agreement or an eviction commitment in their hands. However, the existence of a written lease agreement alone is not enough for residential and roofed workplace rentals, of course, there must be a written eviction commitment issued validly by the tenant. But in residential and roofed workplace rents, it will also be possible to apply for an independent eviction path if the lessor has only a written eviction commitment on their hands.
Article 272 of the IIK. According to the article, an immovable property rented by a contract may be requested to be evicted by submitting the contract to the enforcement agency within a month after its expiration. A one-month entitlement reduction period has been determined by saying.
An evacuation order, not a payment order, is found on this tracking path. The creditor includes a warning that the apartment real estate will be evicted within 15 days after the lessor submits the follow-up request to the executive office, to which he adds the obligation to evict with a written lease agreement, or to notify the executive office within 7 days if the tenant has an objection, he sends the eviction order to the debtor tenant. If the tenant does not state his objections within the time limit or does not evict the property, it is also clearly stated in the payment order that he will be forcibly evicted.
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