1. Determining the Reason for Evacuation:
The first step is to have a legal reason for eviction. The reasons for eviction stated in Article 347 of the Turkish Code of Obligations are as follows:
Non-payment of rent: If the tenant is late for two months’ rent, or if the delay continues despite being notified of the rent, an eviction lawsuit may be filed.
Use of the leased property for purposes other than its intended purpose: If the tenant uses the leased property as a workplace while renting it as a residence or engages in illegal activities, it is considered a reason for eviction.
Gross misconduct: The tenant’s gross misconduct, such as disturbing his neighbors, damaging the building, or leaving the property arbitrarily, is also sufficient reason for eviction.
Housing needs of the lessor: If the lessor certifies that he needs housing for himself, his spouse, his descendants or ancestors, he can also terminate indefinite-term lease agreements and file an eviction lawsuit.
2. Preparation of Required Documents:
Before filing an eviction lawsuit, the following documents must be prepared:
Lease Agreement: Original or notarized copy of the lease agreement.
Documents Showing Rental Amount: Rent payment receipts or bank statements.
Delay Notice (If Available): A document stating that the tenant has been warned in case the rent is late.
Other Documents: Evidence showing the reason for evacuation (photographs, minutes, witness statements, etc.).
3. Initiation of Enforcement Proceedings:
After the necessary documents are prepared, the lessor can initiate enforcement proceedings by applying to the enforcement office. In the petition for enforcement proceedings, the reason for release must be clearly stated and evidence must be presented.
4. Taking the Evacuation Decision:
The enforcement office examines the eviction case and decides on eviction. If an eviction decision is made, the tenant is given a seven-day eviction period. If the tenant does not vacate the property within this period, a forced eviction is carried out by the bailiff.
5. Points to Consider:
Before filing an eviction lawsuit, it is important to consult a lawyer and follow the legal procedure correctly.
The reason for evacuation must be in accordance with the law and can be proven with evidence.
The tenant should be informed about their legal rights and the objection period.
Laws and human rights must be respected during forced evictions.
