{"id":623,"date":"2026-10-15T10:00:00","date_gmt":"2026-10-15T07:00:00","guid":{"rendered":"https:\/\/utuhukuk.com\/?p=623"},"modified":"2026-10-15T12:00:08","modified_gmt":"2026-10-15T09:00:08","slug":"eviction-without-court-judgment","status":"publish","type":"post","link":"https:\/\/utuhukuk.com\/en\/ilamsiz-tahliye\/","title":{"rendered":"Eviction Without a Court Judgment: Eviction from Leased Property Through Enforcement and Objection"},"content":{"rendered":"<div class=\"pm\" data-utu-pm=\"1\">\n<p class=\"pm-giris\"><strong>Eviction without a court judgment<\/strong>, as a term, refers to the landlord securing the vacation of the leased property through enforcement proceedings without obtaining a judgment from a court. Where the lease agreement ends or the tenant fails to pay the rent arising from the agreement, eviction from the leased property can be obtained through enforcement proceedings. There is no need to bring a separate action for eviction in order to resort to such enforcement without a judgment. In this article, we examine the payment and eviction orders, the tenant\u2019s objection, the consequences of the objection and the mediation requirement.<\/p>\n<aside class=\"pm-ozet\" aria-label=\"In brief\">\n<p class=\"pm-etiket\">In brief<\/p>\n<ul>\n<li>Eviction without a court judgment is governed by Article 315 et seq. of the Turkish Code of Obligations and Article 269 et seq. of the Enforcement and Bankruptcy Law; there is no need to bring a separate action for eviction.<\/li>\n<li>For non-payment of rent, the Form No. 13 payment order is used; for expiry of the lease term or a written undertaking to vacate, the Form No. 14 eviction order is used.<\/li>\n<li>The tenant may object in writing or orally within seven days of service of the payment or eviction order; the objection stays the proceedings.<\/li>\n<li>If the objection does not concern the signature, removal of the objection and eviction are requested from the Enforcement Court; if it concerns the signature, an eviction action is brought before the Civil Court of Peace.<\/li>\n<li>Since 1 September 2023, recourse to a mediator before bringing an action is mandatory in actions arising from a lease relationship.<\/li>\n<\/ul>\n<\/aside>\n<details class=\"pm-ic\" open>\n<summary>Contents<\/summary>\n<ol>\n<li><a href=\"#ilamsiz-tahliye-nedir\">What is eviction without a court judgment?<\/a><\/li>\n<li><a href=\"#odeme-emri\">Form 13 payment order<\/a><\/li>\n<li><a href=\"#tahliye-emri\">Form 14 eviction order and undertaking to vacate<\/a><\/li>\n<li><a href=\"#itiraz\">Objection to the payment or eviction order<\/a><\/li>\n<li><a href=\"#itirazin-sonuclari\">Legal consequences of the objection<\/a><\/li>\n<li><a href=\"#icra-mahkemesi-genel-mahkeme\">The difference between the enforcement court and the general courts<\/a><\/li>\n<li><a href=\"#arabuluculuk\">The mediation requirement<\/a><\/li>\n<li><a href=\"#sss\">Frequently asked questions<\/a><\/li>\n<li><a href=\"#iletisim\">Consultation request<\/a><\/li>\n<\/ol>\n<\/details>\n<section id=\"ilamsiz-tahliye-nedir\">\n<h2>What Is Eviction Without a Court Judgment? Legal Basis<\/h2>\n<p>Eviction from leased immovable property through enforcement without a judgment is governed by Article 315 et seq. of the Turkish Code of Obligations and Article 269 et seq. of the Enforcement and Bankruptcy Law. This route, by which the Enforcement and Bankruptcy Law allows the landlord, where certain conditions are met, to request eviction from the leased property through enforcement proceedings, is a special type of enforcement proceeding. Where the conditions laid down in the Law are fulfilled, eviction from the leased property is possible as a result of the enforcement proceedings.<\/p>\n<p>In eviction from leased property through enforcement without a judgment, the document with which the proceedings are initiated varies according to the ground for eviction:<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Form No. 13 \u00b7 Payment order<\/p>\n<p>Used in enforcement proceedings without a judgment initiated on the ground of non-payment of rent.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Form No. 14 \u00b7 Eviction order<\/p>\n<p>Used in enforcement proceedings without a judgment initiated on the ground of expiry of the lease term or the arrival of the date in a written undertaking to vacate.<\/p>\n<\/div>\n<\/div>\n<p>We have covered the other types of enforcement proceedings in our article on <a href=\"https:\/\/utuhukuk.com\/en\/enforcement-proceedings-types\/\">enforcement proceedings and their types<\/a> in our article.<\/p>\n<\/section>\n<section id=\"odeme-emri\">\n<h2>Non-Payment of Rent: Form 13 Payment Order<\/h2>\n<p>Under the Enforcement and Bankruptcy Law, the Form No. 13 payment order is the payment order used in enforcement proceedings without a judgment initiated on the ground of non-payment of rent.<\/p>\n<p>Where the tenant fails to pay on the due date rent arising from the lease agreement that has become due, the landlord may resort to these enforcement proceedings in order to collect the rent receivable. Moreover, because the rent has not been paid on time, the landlord may request not only the collection of the rent that has fallen due but also eviction from the leased property.<\/p>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Purpose of the proceedings<\/p>\n<p>The purpose of the enforcement route used in this context is, in addition to collecting the landlord\u2019s receivable arising from the lease agreement, to secure the eviction from the leased property of a tenant who has not paid the rent on time.<\/p>\n<\/div>\n<p>We examined the attachment procedures at the stage of collecting rent receivables in our article on <a href=\"https:\/\/utuhukuk.com\/en\/attachment-of-assets\/\">attachment<\/a> ; for disputes concerning the determination of rent, see our article on <a href=\"https:\/\/utuhukuk.com\/en\/rent-determination-action\/\">the action for determination of rent<\/a> .<\/p>\n<\/section>\n<section id=\"tahliye-emri\">\n<h2>Enforcement Proceedings Based on an Undertaking to Vacate: Form 14<\/h2>\n<p>Under the Enforcement and Bankruptcy Law, the Form No. 14 eviction order is the eviction order used in enforcement proceedings without a judgment initiated on the ground of expiry of the lease term or the arrival of the date in a written undertaking to vacate.<\/p>\n<p class=\"pm-tanim\"><strong>The eviction order<\/strong> is an enforcement route based on enforcement proceedings initiated by the landlord against the tenant in order to secure eviction from the leased property within the scope of the lease relationship.<\/p>\n<p>Where the term of the lease agreement has expired or there is a written undertaking to vacate duly given by the tenant, the landlord may resort to this enforcement route in order to secure eviction from the leased property.<\/p>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Dikkat<\/p>\n<p>In order to resort to eviction without a court judgment on the basis of expiry of the lease term, the lease relationship and the obligation to vacate must be legally provable.<\/p>\n<\/div>\n<\/section>\n<section id=\"itiraz\">\n<h2>The Objection Period in Enforcement Proceedings for Eviction Without a Court Judgment<\/h2>\n<p>The tenant may object in writing or orally within seven days of the date on which the payment or eviction order is served on them. The objection may be directed at the lease agreement or the undertaking to vacate, or at the signature on the agreement or undertaking. Such an objection stays the enforcement proceedings.<\/p>\n<ul class=\"pm-cipler\">\n<li>Objection to the lease agreement<\/li>\n<li>Objection to the undertaking to vacate<\/li>\n<li>Objection to the signature<\/li>\n<\/ul>\n<p>If no objection is made to the eviction order (Form No. 14), the property must be vacated within the 15 days specified in the eviction order. At this point, the landlord may request the enforcement office to secure the eviction, and the enforcement office will then carry out the eviction by force.<\/p>\n<figure class=\"pm-gorsel\">\n<img src=\"https:\/\/utuhukuk.com\/wp-content\/uploads\/2026\/10\/ilamsiz-tahliye-sureci-itiraz-tahliye-emri.jpg\" alt=\"Infographic on the process of eviction without a court judgment: Form 13 payment order or Form 14 eviction order, objection within seven days of service; if no objection is made to the eviction order, eviction within 15 days; for an objection not concerning the signature, the Enforcement Court; for an objection concerning the signature, mediation and an eviction action before the Civil Court of Peace\" width=\"1600\" height=\"1000\" loading=\"lazy\" decoding=\"async\"><figcaption>Order, objection and available remedy in enforcement proceedings for eviction without a court judgment.<\/figcaption><\/figure>\n<\/section>\n<section id=\"itirazin-sonuclari\">\n<h2>Legal Consequences of the Objection: The Distinction for Objections to Signature<\/h2>\n<p>In enforcement proceedings without a judgment initiated on the basis of a lease agreement or undertaking to vacate made in ordinary written form, where the tenant objects to the payment or eviction order, the nature of the objection is important as regards the legal remedies available in the course of the proceedings.<\/p>\n<h3>Where the objection does not concern the signature<\/h3>\n<p>If the tenant\u2019s objection is not to the effect that the signature on the ordinary written lease agreement or undertaking to vacate is not theirs, the creditor\/landlord may apply to the Enforcement Court and request removal of the objection and eviction from the property.<\/p>\n<h3>Where the objection concerns the signature<\/h3>\n<p>By contrast, if the tenant\u2019s objection is that the signature on the ordinary written lease agreement or undertaking to vacate on which the proceedings are based is not theirs, in other words, if it concerns the authenticity of the signature, the Enforcement Court, whose power of review is limited, cannot examine on the merits whether the signature belongs to the debtor.<\/p>\n<p>In this case, since the dispute requires a determination of the authenticity of the signature on the ordinary written document, the creditor must bring an eviction action before the Civil Court of Peace under the general provisions in order to have the merits of the dispute resolved.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Objection does not concern the signature<\/p>\n<p>Removal of the objection and eviction are requested from the Enforcement Court.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Objection concerns the signature<\/p>\n<p>An eviction action is brought before the Civil Court of Peace under the general provisions.<\/p>\n<\/div>\n<\/div>\n<p>Accordingly, in proceedings initiated on the basis of an ordinary written lease agreement or undertaking to vacate, whether or not the objection concerns the signature is decisive as regards the legal remedy available to the creditor. If the objection does not concern the signature, removal of the objection and eviction may be requested from the Enforcement Court; if the objection is directly that the signature does not belong to the debtor, the dispute will have to be resolved through an eviction action brought before the Civil Court of Peace under the general provisions.<\/p>\n<\/section>\n<section id=\"icra-mahkemesi-genel-mahkeme\">\n<h2>The Difference Between the Enforcement Court and the General Courts<\/h2>\n<p>It should be noted that the fundamental difference between the enforcement court and the general courts lies in the scope of the proceedings and the assessment of evidence.<\/p>\n<p class=\"pm-tablo-baslik\" id=\"tablo-mahkeme-farki\">Proceedings before the enforcement court and the general courts<\/p>\n<div class=\"pm-tablo-kap\">\n<table class=\"pm-tablo\" aria-labelledby=\"tablo-mahkeme-farki\">\n<thead>\n<tr>\n<th scope=\"col\">Criterion<\/th>\n<th scope=\"col\">Enforcement court<\/th>\n<th scope=\"col\">General courts<\/th>\n<\/tr>\n<\/thead>\n<tbody>\n<tr>\n<td>Proceedings<\/td>\n<td>As a rule, on the basis of written documents, summary<\/td>\n<td>More comprehensive and detailed<\/td>\n<\/tr>\n<tr>\n<td>Evidence<\/td>\n<td>As a rule, no witnesses are heard, no oath is tendered and no expert examination is ordered<\/td>\n<td>Various types of evidence such as witnesses, oath, expert examination and on-site inspection may be used<\/td>\n<\/tr>\n<tr>\n<td>Yetki<\/td>\n<td>Limited<\/td>\n<td>Broader power to assess and investigate evidence<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n<p>The enforcement court acts mainly as an authority for objections, and proceedings are, as a rule, conducted summarily on the basis of written documents. The powers of the enforcement court are limited. As a rule, no witnesses are heard, no oath is tendered and no expert examination is ordered. Proceedings before the general courts, on the other hand, are more comprehensive. Various types of evidence such as witnesses, oath, expert examination and on-site inspection may be used. The court\u2019s power to assess and investigate evidence is broader. For this reason, proceedings before the general courts are conducted in a more comprehensive and detailed manner than before the enforcement court.<\/p>\n<\/section>\n<section id=\"arabuluculuk\">\n<h2>The Mediation Requirement in Lease Disputes<\/h2>\n<p>There is a mediation requirement for actions brought before the Civil Court of Peace for annulment of the objection and eviction. Under the amendment made by Law No. 7445 to Law No. 6325 on Mediation in Civil Disputes, 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.<\/p>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">After an objection to signature<\/p>\n<p>In this context, where proceedings have been initiated on the basis of an ordinary written lease agreement or undertaking to vacate and, following the tenant\u2019s objection, the dispute has to be taken to the Civil Court of Peace, the mandatory mediation process must be completed before the action is brought.<\/p>\n<\/div>\n<p>We explained how the mediation process works in our article on <a href=\"https:\/\/utuhukuk.com\/en\/mediation-amicable-dispute-resolution\/\">arabuluculuk<\/a> .<\/p>\n<\/section>\n<p class=\"pm-dipnot\">Related page: <a href=\"https:\/\/utuhukuk.com\/en\/ankara-lease-eviction-lawyer\/\">Lease and Eviction Lawyer in Ankara<\/a> \u2014 rent determination, rent arrears and eviction proceedings<\/p>\n<p class=\"pm-dipnot\">Related legislation: <a href=\"https:\/\/www.mevzuat.gov.tr\/mevzuat?MevzuatNo=2004&amp;MevzuatTur=1&amp;MevzuatTertip=3\" target=\"_blank\" rel=\"noopener\">Enforcement and Bankruptcy Law No. 2004<\/a> (mevzuat.gov.tr)<\/p>\n<section id=\"sss\" class=\"pm-sss\">\n<h2>Eviction Without a Court Judgment: Frequently Asked Questions<\/h2>\n<details open>\n<summary>What is eviction without a court judgment?<\/summary>\n<div>\n<p>Where the lease agreement ends or the tenant fails to pay the rent arising from the agreement, eviction from the leased property can be obtained through enforcement proceedings. There is no need to bring a separate action for eviction in order to resort to such enforcement without a judgment.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Which law governs eviction from leased property through enforcement without a judgment?<\/summary>\n<div>\n<p>Eviction from leased immovable property through enforcement without a judgment is governed by Article 315 et seq. of the Turkish Code of Obligations and Article 269 et seq. of the Enforcement and Bankruptcy Law.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>What is the difference between Form 13 and Form 14?<\/summary>\n<div>\n<p>The Form No. 13 payment order is used in enforcement proceedings without a judgment initiated on the ground of non-payment of rent. The Form No. 14 eviction order is used in enforcement proceedings without a judgment initiated on the ground of expiry of the lease term or the arrival of the date in a written undertaking to vacate.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>How are enforcement proceedings based on an undertaking to vacate initiated?<\/summary>\n<div>\n<p>Where there is a written undertaking to vacate duly given by the tenant, the landlord may resort to enforcement proceedings with a Form No. 14 eviction order in order to obtain eviction from the leased property.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>How many days is the period for objecting to an eviction order?<\/summary>\n<div>\n<p>The tenant may object in writing or orally within seven days of the date on which the payment or eviction order is served on them. Such an objection stays the enforcement proceedings.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>What happens if no objection is made to the eviction order?<\/summary>\n<div>\n<p>If no objection is made to the eviction order, the property must be vacated within 15 days. The landlord may request the enforcement office to secure the eviction, and the enforcement office will then carry out the eviction by force.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>How do enforcement proceedings for eviction without a judgment proceed if the tenant objects to the signature?<\/summary>\n<div>\n<p>If the objection concerns the authenticity of the signature, the Enforcement Court cannot examine on the merits whether the signature belongs to the debtor. The creditor must bring an eviction action before the Civil Court of Peace under the general provisions. If the objection does not concern the signature, removal of the objection and eviction may be requested from the Enforcement Court.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Is mediation mandatory before an eviction action?<\/summary>\n<div>\n<p>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.<\/p>\n<\/div>\n<\/details>\n<\/section>\n<section id=\"iletisim\" class=\"pm-form-kap\">\n<div class=\"pm-form-sol\">\n<p class=\"pm-etiket\">Consultation request<\/p>\n<h2>Do you have a question about eviction without a court judgment?<\/h2>\n<p>As UTU Hukuk Dan\u0131\u015fmanl\u0131k, we provide legal and advisory services in the field of enforcement and bankruptcy law.<\/p>\n<p>Fill in the form and we will call you. You can also contact us directly:<\/p>\n<ul class=\"pm-kanal\">\n<li><a href=\"tel:+905365931600\">+90 536 593 16 00<\/a><\/li>\n<li><a href=\"mailto:bilgi@utuhukuk.com\">bilgi@utuhukuk.com<\/a><\/li>\n<\/ul>\n<\/div>\n<form class=\"pm-form\" data-alan=\"\u0130cra ve \u0130flas Hukuku\" novalidate action=\"\">\n<div class=\"pm-alan\"><label for=\"pm-ad\">Full name *<\/label><input id=\"pm-ad\" name=\"ad\" type=\"text\" autocomplete=\"name\" required><\/div>\n<div class=\"pm-alan\"><label for=\"pm-tel\">Phone *<\/label><input id=\"pm-tel\" name=\"tel\" type=\"tel\" autocomplete=\"tel\" inputmode=\"tel\" required><\/div>\n<div class=\"pm-alan\"><label for=\"pm-mail\">Email<\/label><input id=\"pm-mail\" name=\"mail\" type=\"email\" autocomplete=\"email\"><\/div>\n<div class=\"pm-alan\"><label for=\"pm-konu\">Your situation in brief<\/label><textarea id=\"pm-konu\" name=\"konu\" rows=\"4\" placeholder=\"For example: My tenant is not paying the rent, and I would like to find out whether I can request eviction through enforcement without a judgment.\"><\/textarea><\/div>\n<div class=\"pm-bal\" aria-hidden=\"true\"><label for=\"pm-web\">Website<\/label><input id=\"pm-web\" name=\"website\" type=\"text\" tabindex=\"-1\" autocomplete=\"off\"><\/div>\n<p><label class=\"pm-onay\"><input name=\"kvkk\" type=\"checkbox\" required> <span>I consent to the processing of my personal data for this request and to being contacted.<\/span><\/label><br \/>\n<button type=\"submit\">Send request<\/button><\/p>\n<p class=\"pm-durum\" role=\"status\" aria-live=\"polite\">\n<input type=\"hidden\" name=\"trp-form-language\" value=\"en\"\/><\/form>\n<\/section>\n<footer class=\"pm-imza\">\n<div class=\"pm-imza-logo\" aria-hidden=\"true\">UTU<\/div>\n<div>\n<p class=\"pm-imza-ad\">UTU Hukuk ve Dan\u0131\u015fmanl\u0131k<\/p>\n<p>It has been providing legal and advisory services in Ankara since 2016 across many practice areas, particularly enforcement and bankruptcy law. <a href=\"https:\/\/utuhukuk.com\/en\/enforcement-insolvency-law\/\">Our enforcement and bankruptcy law practice \u2192<\/a><\/p>\n<p class=\"pm-uyari\">This article is for general information only and does not constitute legal advice. You are advised to consult a lawyer about your specific situation.<\/p>\n<\/div>\n<\/footer>\n<\/div>","protected":false},"excerpt":{"rendered":"<p>Eviction without a court judgment: vacating a leased property through enforcement. Form 13 and 14, the seven-day objection and the mediation requirement.<\/p>","protected":false},"author":1,"featured_media":762,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"elementor_canvas","format":"standard","meta":{"footnotes":""},"categories":[10],"tags":[],"class_list":["post-623","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-icra-iflas-hukuku"],"_links":{"self":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/623","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=623"}],"version-history":[{"count":3,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/623\/revisions"}],"predecessor-version":[{"id":810,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/623\/revisions\/810"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/media\/762"}],"wp:attachment":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=623"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=623"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=623"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}