I. What is Eviction Due to Two Justified Warnings?
As is known, evicting a tenant from a residence or workplace is subject to conditions listed in the Turkish Code of Obligations. Eviction due to two justified warnings is one of these limited reasons.
The tenant is obliged to pay the rent. The tenant must pay the rent within the period specified in the contract. If the contract does not specify the payment time, the rent can be paid by the end of that month.
The eviction process due to two justified warnings can only be applied for unpaid rents. Therefore, the timing of rent payment is important for this type of eviction. For information on when rent should be paid, you can read our article “When Should Rent Be Paid?”
If the tenant fails to pay the rent, a written warning can be sent. The tenant must be given 30 days to pay. This is regulated by Article 315 of the Turkish Code of Obligations. Giving less than 30 days does not justify the warning. If the tenant does not pay within 30 days of the warning, termination of the contract can be requested due to default. What if the tenant pays within 30 days but repeats this behavior? This is where eviction due to two justified warnings comes into play.
The purpose of the eviction lawsuit due to two justified warnings is to prevent the tenant from delaying rent payments. If the tenant causes two justified written warnings in the same rental period due to unpaid rent, the landlord has the right to evict. This ensures that the tenant does not delay rent payments.
II. What Are the Conditions for Tenant Eviction Due to Two Justified Warnings in Turkey?
1. Same Rental Period
The delayed rent must be within the same rental period. Both justified warnings must reach the tenant within this rental period.
The same rental period refers to the period between the start and end dates of the rental agreement. For example, if the rental agreement starts on 15.09.2021 and lasts for one year, the same rental period is from 15.09.2021 to 15.09.2022. Similarly, 15.09.2022 to 15.09.2023 is another rental period. Delays in December 2021 and December 2022 are not in the same period.
For example, in a one-year lease starting on 01.01.2022, the rent must be deposited between the 1st and 5th of each month into the specified bank account. The tenant must pay by 00:00 (midnight) on February 5th. Otherwise, the rent becomes due. A notice of default or “equivalent notice” through debt collection constitutes a justified warning. If this occurs again in the same rental period and another warning is issued, the conditions for eviction due to two justified warnings are met.
2. Two Justified Warnings Due to Non-Payment of Rent
To evict due to two justified warnings, the tenant must cause two justified warnings for non-payment of rent within the same rental period.
The warning must be in writing. It doesn’t have to be sent by a notary. However, sending the notice via a notary is the easiest way to prove it was received.
According to the Supreme Court, execution payment orders due to non-payment of rent also constitute a “warning.” Therefore, starting an execution process is more advantageous than sending a notary notice. Because if the rent remains unpaid after the notice, another execution process will be necessary. Additionally, the execution process is less costly, although sometimes it can take time to issue an execution order.
3. All Due Rent Must Be Demanded in a Single Warning
For two justified warnings, the warnings or execution proceedings must cover all due rent. Otherwise, the condition of two justified warnings is not met.
For example, if a tenant hasn’t paid rent for September, October, and November, you can’t send separate notices or start separate execution proceedings for each month. According to the due date condition, all months should be included in a single notice or execution process. If the next period’s rent isn’t due yet, it shouldn’t be included in the notice.
4. The Rent Must Be Unpaid Before the Warning
If the tenant pays the rent after receiving the warning but before it is delivered, the justified warning condition is not met. However, if the tenant pays immediately after receiving the warning, the warning is still justified.
The eviction lawsuit due to two justified warnings must be filed within one month after the end of the next rental year. This is a statute of limitations, and failure to comply will result in losing the eviction case.
Sending a notice by a notary is not mandatory. Sending two notices via notary is costly. Instead, starting an execution process (Form No: 13) for non-payment of rent is less expensive and more logical. If the rent remains unpaid for 30 days, you can file an eviction lawsuit in the enforcement court. This way, there’s no need to wait until the end of the rental year.
5. Warnings Must Be About Non-Payment of Rent
The law requires that eviction due to two justified warnings must be based on “non-payment of rent.” Warnings or execution proceedings for unpaid maintenance fees don’t justify eviction based on two justified warnings.
III. How Should the Tenant Warning Be Prepared in Turkey?
Landlords often send printed warnings through notaries along with the rental agreement. Sending a warning without considering the payment dates or the due date condition is risky for the landlord.
The warning should specify which months’ rent is unpaid. It should also state the latest day of the month by which the rent should be paid. To allow eviction for non-payment of rent, the tenant must be given 30 days to pay, and the bank account for payment should be specified.
The sample warning for eviction due to two justified warnings varies by case. Consult your lawyer to prepare the notice to avoid any loss of rights or money. A sample warning might include:
Sample Notice Dear Tenant, According to the rental agreement dated 01.01.2022 for the premises you currently occupy at “Ataköy Mahallesi No:12/2 Bakırköy Istanbul,” the rent must be paid to the specified bank account by the 5th of each month. As of today, 14.09.2022, the rent for September 2022 has not been paid. Therefore, please pay the September 2022 rent of 6,000 Turkish Liras to my Vakıfbank account (IBAN: TR98000023123123421421) within 30 days of receiving this notice, or legal action will be taken against you.
Sample Warning for Non-Payment of Rent The names and events in the notice are fictional and for example purposes only.
IV. Payment Order for Ordinary and Revenue Leases
We previously mentioned that it is not mandatory to send the notice via notary. A payment order sent through an execution proceeding also counts as a justified warning in cases of two justified warnings. The sample payment order for ordinary and revenue leases can be as follows:
V. Where and When to File an Eviction Lawsuit Due to Two Justified Warnings
Before filing an eviction lawsuit due to two justified warnings, the Mediation process for Rental Disputes must be completed. This process must be initiated within 1 month from the end of the rental period. The time spent in mediation will be added to the 1-month period.
The eviction lawsuit due to two justified warnings must be filed within 1 month from the end of the rental period. Te lawsuit should be filed in the Civil Court of Peace where the rental property is located or where the defendant resides.
The 1-month period to file the lawsuit is a statute of limitations. If the lawsuit is filed before or after the 1-month period, it will be dismissed due to timing.
In an eviction lawsuit due to two justified warnings, the judge will first examine whether the lawsuit was filed on time, whether the warnings or payment orders meet the required conditions, and the rental agreement. If these conditions are not properly met, the lawsuit may be lost.
Memduh Remzi BAL
Attorney at Law | Lawyer in Turkey
Landlord Tenant Attorney Services
Call us : +90 212 909 86 34
Send mail : info@ballawfirm.com
