Eviction of Tenants in Turkey: Requirements and Legal Process
In Turkey, a tenant of a rental property must comply with certain legal procedures in order to be evicted by the landlord. The eviction process aims to protect the rights and obligations of both parties. Here is an outline of what is required and the legal process for evicting a tenant:
1. End of Lease Agreement
The process of evicting a tenant begins when the lease has expired or there is a reason to terminate it. After the lease has expired, the tenant must vacate the property. When the owner of the leased property (lessor) or his representative wants to take back the property from the tenant, the eviction process begins.
2. Eviction with the Consent of the Tenant
Consensual eviction is the simplest and most hassle-free way to evict. The tenant and the landlord can agree to terminate the contract in writing. In this case, the tenant agrees to vacate the property within a certain period of time, usually without paying rent or with a certain amount of compensation.
3. Sending a Warning Letter
When a tenant is forced to vacate by the landlord, the landlord must first send a written notice to the tenant. The notice must include the request to vacate and, if applicable, the date of the eviction. The tenant must vacate the property within the specified time period after receiving the notice.
4. Filing a Lawsuit
If the tenant does not vacate the property despite the notice, the landlord can continue the eviction process through legal channels. In this case, the landlord files an eviction lawsuit against the tenant. The eviction lawsuit is filed to be resolved in court if the tenant objects to the landlord's demands.
5. Evacuation Decision and Its Implementation
The court makes its decision after reviewing the eviction case. If it is concluded that the tenant should be evicted, the court decision must be complied with. If the tenant does not vacate the property within the specified period, the landlord can initiate eviction proceedings through enforcement.
6. Enforcement Proceedings and Eviction
Based on the court decision, enforcement proceedings are initiated and the bailiffs notify the tenant to vacate the property. If the tenant does not vacate the property within the specified period, the property is evicted by the bailiffs.
The process of evicting a tenant in Turkey can be complex and every case is different. Therefore, tenants and landlords should seek legal advice from a lawyer to properly navigate this process and protect their legal rights. The legal process aims to ensure that the rights and obligations of both parties are protected.
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