Real Estate Law · Lease
Rent determination actions, eviction through enforcement without a court judgment, undertakings to vacate and recovery of rent receivables; lease disputes on behalf of landlords and tenants.
Last updated: · UTU Hukuk & Danışmanlık
The need for a lease lawyer in Ankara usually arises from two questions: what the rent will be in the new period, and how the leased property can be vacated. A rent determination action is an action that may be brought by the landlord or the tenant and seeks to have the court determine the rent applicable in the new rental period; it is governed by Article 344 of the Turkish Code of Obligations.
As a rule, eviction from leased property is obtained on the basis of a judgment in an eviction action. The law provides an exception: in cases of non-payment of rent, expiry of the lease term or a written undertaking to vacate, eviction may be sought through enforcement without a court judgment, without bringing a separate action. Which route is followed depends on whether the lease agreement is in writing, the validity of the undertaking to vacate and the dates of the notifications. For this reason, UTU Hukuk & Danışmanlık, based in Ankara, begins the lease files it handles with a review of documents and time limits.
Since 1 September 2023, applying to a mediator before bringing an action has been mandatory in actions concerning disputes arising from a lease relationship.
Scope
UTU Hukuk provides litigation and advisory services in Ankara in lease and eviction disputes on the following matters: A rent determination action, Rent arrears and payment order, Undertaking to vacate and expiry of term, Objection to payment and eviction orders, Eviction action, Mediation in lease disputes and Lease of the family home. A lease file rarely consists of a single claim. The headings below arise on the landlord’s or tenant’s side, within the same dispute or in connection with it.
Determination by the court of the rent applicable in the new rental period under Art. 344 of the Turkish Code of Obligations; for agreements lasting more than five years, a determination made having regard to comparable rents.
A request for eviction from the leased property together with recovery of the rent receivable, in enforcement proceedings initiated with a payment order in Form No. 13 where rent that has fallen due is not paid.
Enforcement proceedings for eviction without a court judgment, initiated with an eviction order in Form No. 14 upon expiry of the lease term or arrival of the date specified in a written undertaking to vacate.
On the tenant’s side, objections to the lease agreement, the undertaking to vacate or the signature; on the landlord’s side, requests to the Enforcement Court to set aside the objection and order eviction.
Eviction actions brought before the Civil Court of Peace; claims based on grounds listed in the law, such as need, reconstruction and redevelopment, two justified notices and an undertaking to vacate.
Representation of a party in the mediation process that is mandatory before actions arising from a lease relationship, and preparation for negotiations.
The lease agreement relating to the family home cannot be terminated without the express consent of the spouse; the spouse who is not a party to the agreement becomes a party by notifying the landlord (Art. 194 of the Turkish Civil Code).
Authorities
In actions arising from a lease relationship, except for the provisions on eviction through enforcement without a court judgment, the Civil Court of Peace has jurisdiction irrespective of the value of the subject matter (Art. 4 of the Code of Civil Procedure). Enforcement proceedings for eviction without a court judgment begin at the enforcement office; if the tenant objects, the setting aside of the objection and eviction are requested from the Enforcement Court.
Process
Every lease file goes through the same four steps. Rushing one stage increases the cost of the next.
We listen to how the lease relationship began, the term of the agreement, the payment situation and your expectations; the options are discussed depending on whether you are the landlord or the tenant. A conflict of interest check is carried out. Meetings are held by appointment and on a confidential basis.
The lease agreement, any undertaking to vacate, formal notices, payment records, dates of service and any existing enforcement or court file are reviewed. Whether the document is in writing and whether the signature is disputed directly affect the route to be followed.
Which option will be pursued — enforcement proceedings, a mediation application or an action — is determined together with the running time limits, and the request for enforcement, application or petition is prepared accordingly. The power of attorney and fees are set out in a written agreement before work begins.
You are kept informed at every stage while the proceedings are conducted. Mediation meetings, hearings, service of documents and time limits are notified in advance; appeal and cassation appeal stages are monitored in the same way.
Q & A
UTU Hukuk & Danışmanlık conducts litigation and provides advice on behalf of landlords or tenants in rent determination actions, eviction through enforcement without a court judgment, eviction actions, recovery of rent receivables and mandatory pre-action mediation proceedings.
Under Art. 345 of the Turkish Code of Obligations, a rent determination action may be brought at any time. For the rent to be determined to bind the tenant from the beginning of the new rental period, the action must be brought no later than thirty days before the start of the new period, or the landlord must notify the tenant in writing within this period and bring the action by the end of the following rental period.
Yes. If eviction is sought together with recovery of the rent, the provisions on eviction without a court judgment apply; enforcement proceedings begin with a payment order in Form No. 13, and there is no need to bring a separate eviction action. A valid lease agreement is sufficient for this route; the agreement need not be in writing. If the tenant does not object to the payment order and pays the rent within the time limit, eviction cannot be sought.
If the tenant has given a duly executed written undertaking to vacate, the landlord may initiate enforcement proceedings without a court judgment by means of an eviction order in Form No. 14. In leases of residential and roofed commercial premises, a written lease agreement alone is not sufficient; a validly executed written undertaking to vacate must also exist. The eviction request must be filed with the enforcement office within one month of the expiry of the period specified in the undertaking.
The tenant may object in writing or orally within seven days of service of the payment or eviction order; the objection stays the enforcement proceedings. If the objection does not concern the signature, the landlord may ask the Enforcement Court to set aside the objection and order eviction; if it concerns the signature, an eviction action is brought before the Civil Court of Peace under the general provisions.
Yes. Since 1 September 2023, recourse to a mediator before bringing an action has been made mandatory in actions concerning disputes arising from a lease relationship. Actions brought before the Civil Court of Peace for annulment of the objection and eviction are also within this scope.
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