Rent Receivables and Eviction Through Enforcement
If the rent is not paid, the landlord may seek only collection of the receivable or, where the conditions are met, may also request eviction in enforcement proceedings without a judgment. The basis of the proceedings, whether the contract is in writing, the rent and the payment period, the due debt, the entries in the enforcement request and the service of the payment order are examined together.
For the tenant, it is important to raise payment records, bank statements, objections to a rent increase and set-off claims within the statutory time limit. If an objection is made to the enforcement proceedings, depending on the nature of the dispute, a request for removal of the objection and eviction before the enforcement court, or for annulment of the objection before the general court, may come into play.
Eviction through enforcement without a judgment is the statutory exception to mediation as a condition precedent to litigation in lease disputes. However, the nature of the claim after the proceedings and the competent authority must be assessed separately according to the specific file.
Security Deposit, Suretyship and Ancillary Costs
In leases of residences and roofed commercial premises, the security may not exceed three months’ rent. Security agreed in the form of money or securities is to be placed in a savings account that cannot be withdrawn without the landlord’s approval, or deposited with a bank. The return of the deposit after the contract ends, proof of the damage that may be set off, and notice to the bank within the time limit must each be handled separately.
As to the provisions on suretyship, the maximum amount for which the surety is liable, the date, the entries that must be handwritten, the time limit and, in some cases, the spouse’s consent are examined. For dues and common expenses, the internal and external liability among the tenant, the owner and the building management is not the same. The allocation of expenses in the lease and the liability arising from the Condominium Law (Kat Mülkiyeti Kanunu) must be assessed together.
Early Move-Out, Key Handover and Re-letting
A tenant who returns the property without observing the contractual or statutory termination period does not, in every case, remain liable for rent until the end of the contract. The debt may continue for the reasonable period within which the leased property could be re-let on similar terms. The tenant’s proposal of a new tenant who is solvent and ready to take over the lease may also affect liability.
Actually abandoning the property or leaving the key in an unsuitable manner does not always prove a lawful handover. The key handover record, the notarial deposit, the handover date, the meters, the fixtures and existing damage should be recorded. The landlord’s own duty to mitigate the loss and to re-let the property reasonably is also assessed.
Ecrimisil Is Not a Rent Receivable
Unlike rent based on a valid lease relationship, ecrimisil (compensation for unjust occupation) is compensation for unlawful occupation, claimed because the property is used without the consent of the right holder. Whether the lease has ended, the date from which the use became unlawful and the right holder’s consent are decisive in this distinction.
Calling a claim ecrimisil while a valid lease relationship continues does not change its legal nature. Disputes over unlawful occupation, prevention of interference and ecrimisil are assessed in connection with the practice area Property and Neighbor Disputes.
Keep a Separate Account for the Deposit and Damage
Wear arising from ordinary use is not damage that the tenant must pay for in every case. Move-in and move-out records, dated photographs, the fixture list and repair documents are examined together. The landlord’s duty to inspect and to give notice of defects when taking the property back is also assessed.
Return of the security held at the bank
Under Article 342 TBK, security placed at a bank may be returned with the consent of the parties, upon a final enforcement proceeding or upon a final court decision. If the landlord has not notified the bank in writing, within three months after the lease ends, that an action or proceeding has been started, the bank returns the security at the tenant’s request. This arrangement should not be confused with automatic return of every deposit handed over to the landlord in cash.
Proof of payment and handover
Stating the rental period and the property on the payment receipt (dekont) reduces disputes. A tenant who objects to a debt or a rent increase should not assume that obligations are automatically suspended. On key handover, the authority and signature of the person receiving it, the date and the condition of the property are recorded; if the handover is not accepted, the appropriate route of deposit and notice is determined separately.
Do all claims end when the tenant moves out?
Actually vacating does not end eviction and receivable claims in the same way. The calculation of rent, ancillary costs, damage, the deposit and early handover is made separately. In any release or agreement the parties sign, it must be clear which period and which claim is being closed.
How We Work on This Topic
We separate receivables by period and item and check them against receipts, handover and damage records. By assessing objections concerning payment, set-off and return, we determine the appropriate enforcement route or settlement scope.