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How Long Can a Tenant Be Legally Evicted from a Property?

How Long Can a Tenant Be Legally Evicted from a Property?

It is a mandatory and undertaken obligation for the tenant to pay the rent regularly and in full on the date specified in the contract every month, starting from the date of the contract. There are certain conditions for filing an eviction lawsuit against the tenant. Tenants generally prefer to pay their rent through the bank, and the transaction fee deducted by the bank when depositing their rent to the bank causes the rent to be deposited incompletely into the landlord's account. If this process continues in the same way, this is a reason for eviction.

When the rent increase period comes, the tenant, despite being in the contract, makes an increase other than the agreed rent increase and does not comply with the provision in the contract.

  • Failure to pay the rent regularly

  • Failure to pay the rent at all

  • If there is a written eviction commitment, vacating the house on the written date

  • In case of need by the property owner

  • In case of zoning and construction obligations on the land of the owner of the house

  • The tenant has another house within the city and municipality borders where he resides

  • Unnecessary occupation

  • In case of reasons such as behaviors and actions contrary to the contract

When the situations listed above exist, the reason for eviction from the house is the owner of the house and the owner of the house may request the eviction of the tenant due to these situations.

What is a house lease?

The subject of the lease agreement and the thing rented is called a house lease. The use of the house during the term of the agreement belongs to the tenant. The tenant's obligations towards the house are detailed by law.

Term for evicting the tenant

Let's give an example for evicting the tenant. You rented your house, your tenant suddenly started to delay the rent, pay less or not pay the rent at all while making regular payments. In this case, how can we evict the tenant as quickly as possible? The fastest way to do this is to send a “non-judgmental payment order”.

So, what is a non-judgmental payment order?

A non-judgmental payment order is a request for a debt through enforcement in return for the rent debt due to the rents that the tenant has not paid.

You have sent a payment order to the tenant from the enforcement office. If the tenant does not make the payment within the given period and does not object to the enforcement proceedings, the landlord requests the eviction of the tenant.

What is the legal period specified in the payment order?

The payment order is 30 days after it is notified to the tenant and reaches him. If the tenant does not make the payment within this period and does not object, he files a lawsuit against the tenant with the Enforcement Civil Court and requests his eviction. This is also important, during the eviction of the tenant, the seizure of the tenant's assets in return for the accumulated debt is put into practice.

What happens if the tenant objects?

If the tenant exercises his/her right of objection within 30 days after receiving the notice sent by the landlord, he/she will request his/her eviction by filing a lawsuit in the Enforcement Civil Court or the Civil Court of Peace, depending on the content of the objection. In other words, the court process will have ended.

So, what happens if the tenant pays his/her debt within the period specified in the payment order?

One of the events that many landlords experience is that the tenant pays the debt within the specified period after the payment order is sent to the tenant. If the tenant has paid his/her debt within the specified period, the landlord cannot request his/her eviction. However, he/she can request his/her eviction in the following way. Since the two justified warnings that are the reason for the eviction will be considered as justified warnings in favor of the landlord in the eviction case, the landlord has the right to request the eviction of the tenant from the house through a lawsuit after the second warning sent.

According to the decisions of the Supreme Court of Appeals and our legislation, the failure or delay of the tenant to pay the rent debt constitutes a justified reason for the landlord's eviction request. If the tenant pays the rent debt in full but is not paid on time, the eviction case will be brought to the agenda due to the two justified warnings. The important point in this type of eviction reason is that if the tenant sends two notices during the rental period for the months he has not paid, the landlord gains the right to file an eviction lawsuit.

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