Evacuation of the tenant under Turkish Law through Article 315/2 of Law of Obligations due to tenant's default in payment

The article 315 of  Law of Obligations stipulates the terms regarding the evacuation of the real state on reason of default of the tenant, i.e. failing of the monthly payment of the rent by the tenant on time

The law and the Supreme Court (Yargıtay) requires to see the steps below for the fulfilment of the evacuation process:

1. The rent amount should be due and payable.

A notice of payment should be served to the tenant. The notice warns and requests that the tenant to pay the monthly amount within 30 days upon the serving of the notice; that otherwise, they will be evacuated from the immovable through force of the law.

The unpaid rent amount and the month that it belongs to should be stated openly and specifically in the notice served.

The notice should also openly include that the rent agreement will be terminated if the due amount is not paid within the 30 days given.

If the immovable is a residence or a roofed workplace/office, the duration to be given to the tenant should be 30 days. The duration is 60 days for usufructuary leases and 10 days for other kind of lease agreements.

Upon the serving of the notice the amount should be due and payable.

2. The rent should not have been paid within the duration given (i.e. 30 days if its a residence or a

roofed workplace)

Payment after the 30 days will not have a negative influence on the evacuation process as it is not fulfilled in the 30 days given.

Upon the passing of 30 days without any payment, a lawsuit can be filed in the Court of Peace where the defendant (in our case the tenant) resides with the request of evacuation of the tenant from the real estate.

The other way that can be followed to evacuate the tenant can be filing an evacuation order through Execution Offices, through which an evacuation order by the landlord is served to the tenant giving a duration of 30 days for the evacuation and a duration of 7 days for the objection.

This is a general information note to give the reader an overall idea on the evacuation of the tenant from the real estate/immovable by the landlord under Turkish Law through article 315/2 of Law of Obligations due to the reason of default of the tenant. Please note that every case has its own specifications and should be dealt accordingly in its own way. It is always better to contact a lawyer for the best results.