Another way that the lessor can apply for the evacuation of the lessor is evacuation by enforcement. First of all, it should be noted that enforcement without a verdict is possible for money and security receivables as a rule, but enforcement with a verdict should be applied to initiate proceedings with other demands. For this reason, in order to initiate enforcement proceedings for the evacuation of an immovable property, first of all, a lawsuit must be filed against the tenant, and this case must be concluded in favor of the lessor.
However, in the presence of certain special conditions, the legislator can evacuate the leased real estate by enforcement without a verdict. In order to apply for this enforcement procedure, there must first be a lease agreement between the parties. There are two reasons for using this route. These are non-payment of the rental fee and the expiration of the rental period.
a) Evacuation without a Judgment Due to Non-Payment of Rent:
If the lessee does not pay the rent, the lessor may apply for a proceeding through a general lien without judgment against the lessee, as a creditor, since he or she will be entitled to money. However, with this follow-up, it will only be possible to evacuate the rental fee. However, if the lessor wants to evict the tenant from the immovable in addition to the collection of the rent, he has the opportunity to apply for eviction without a verdict.
In this follow-up, the payment order is sent to the debtor, which includes the payment of the unpaid rent in such a way as to show the lessor as the creditor, the tenant as the debtor, and the tenant’s requests for the evacuation of the immovable. The debtor can object to this payment order within 7 days from the notification of the payment order or pay the debt within 30 days for the rents of residences and roofed workplaces. If the debtor does not object to the payment order within 7 days, the follow-up will be finalized and the creditor/lessor will wait for the payment to be made within the remaining 23 days after the 30-day payment period. If the debtor does not make payment within this period, the lessor may request the evacuation of the tenant from the execution court within six months from the expiry of the period. With the eviction decision to be given by the enforcement court, the tenant is evicted from the leased one.
b) Eviction without Written Due to the Expiration of the Rental Period:
In order to apply for this method, the lessor must have a written lease agreement or an eviction commitment. However, for residential and roofed workplace rentals, the existence of a written lease agreement is not sufficient; there must be a valid written evacuation commitment given by the tenant. However, in housing and roofed workplace rentals, it will be possible to apply for eviction without a verdict, even if the lessor has only a written commitment to evacuate.
According to Article 272 of the EBL, an immovable leased under a contract may be asked to be evicted by submitting the contract to the enforcement office within one month after the expiry of the contract. A one-month deprivation period has been determined.
This trail has an eviction order, not a payment order. It includes a warning that the flat immovable should be evicted within 15 days, or if the tenant has an objection, notify the enforcement office within 7 days, upon the submission of the follow-up request to the enforcement office, to which the lessor has a written lease agreement and the commitment to evict. If the tenant does not state his objections in due time or evacuate the real estate, it is clearly stated in the payment order that he will be evicted by force.
