14 Nov Opposition And Objection Procedure Regarding The Rent Receivables
If the obligations imposed on the lessee in the Turkish Code of obligations are not fulfilled by the lessee, there is a violation of the lease agreement. In this case, if an eviction decision is made at the end of the case filed, the eviction of the real estate may be requested by putting the declaration into execution. If the rent is not paid or the lease expires, the lessor may request the eviction of the real estate through the Enforcement Department. If the rent is not paid, the lessor can request the rent from his lessee and ask for his eviction by starting an enforcement follow-up.
If the lessee does not pay the rent, the lessor may request the unpaid rent with a payment order, which it will send through the Enforcement Department. However, if the lessor requests the eviction of the leased property along with the rental costs, he must, as a rule, follow up the eviction without notice. With the execution follow-up to be initiated, both the rental price and the eviction issue can be requested at the same time.
If the lessee does not fulfill the debt of paying the lease price or side expense, which is due after the delivery of the lessee, the lessor may give the lessee a period of time in writing and inform him that he will terminate the contract in case of failure to pay the performance during this period.The period to be given to the tenant is at least 10 days and at least 30 days for residential and roofed workplace rents. This period begins to process from the day following the date of written notification to the tenant. If the lessee who is a party to enforcement proceedings does not pay the rent during these periods, the lessor may ask the Enforcement Court to decide on the eviction of the lessee.
Payment order sent within execution follow-up can be appealed within 7 days (3 days in lease contracts less than 6 months). Payment must be made within 30 days. If no objection is made during the period or the rent is not paid within 30 days, enforcement follow-up is completed. After finalization, the lessor can request the eviction of the real estate from the executive Court. The lessor claims the rent costs that are not paid in the case that he opens, the court cannot request eviction due to the non-payment of interest, execution costs, attorney’s fees that are not counted from the rent costs within the periods. However, they can also be requested if the common expenses of the apartment are on the tenant. In short, eviction may be requested only if the rent is not paid in the execution proceedings initiated due to lease receivables. If the tenant pays a partial payment and pays the rent after the execution is initiated, he cannot be evicted from the House.
After the payment order is received, the lessee may object to the lease agreement, which is in execution follow-up. After the appeal, in order for the pursuit to continue, 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 eviction without an announcement, since he will receive the same rent again.
The lease agreement does not need to be in writing for the lessor to follow up eviction or follow up enforcement without notice. If the lessee does not explicitly and definitively object to the payment order received by him during the term, he shall be deemed to have accepted the lease agreement. In this case, a review of the validity of the lease agreement is not carried out. If the lessee refuses the lease agreement, the lessor must prove the lease agreement in court in order to continue the follow-up. The duty court is the magistrate’s court. If there is no written but notarized lease agreement, the case must be filed again in the magistrate’s court. The lessor holding the notarized lease agreement may request that the appeal be removed from the executive Court.
There is an appeal against the eviction order.But the appeal stops the sale, not the follow-up. The appeal decision does not need to be finalised in order for the decision to be executed. However, if the borrower deposits the 3-month rent as collateral, it is decided to leave the execution back. Although it does not need to be finalized by the appeal decision in order to be executed, the decision of the executive Court must pass a 10-day period on tefhimi or notification to the tenant.
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