KÜHEYLAN HUKUK
Eviction if the Rental Fee is Not Paid: Default and Two Right Warnings TBK Art. 315 and m. 352/2 and EBL art. Warning, Enforcement Proceedings and Eviction Case Processes in accordance with Article 269 (2026) Updated as of 2026
The law provides for two different ways to evict a tenant who does not pay his rent. The first is the default method: the lessor gives at least thirty days in writing, and if the rent is not paid within this period, the contract is terminated and eviction is requested. This method can also be carried out as eviction proceedings without a judgment through the enforcement office. Secondly, there are two ways to give justified notice: if the tenant has given justified notice for two separate months within a rental year, an eviction lawsuit can be filed within one month from the end of the rental year. The conditions and durations of the two paths are different; Choosing the wrong path can lead to months of loss.
The tenant's primary obligation is to pay the rent at the time specified in the contract. TBK m. According to Article 314, unless there is a contract or local custom to the contrary, the rent is paid at the end of each month. If there is a provision in the contract such as "to be paid in advance by the 5th of each month", the rent becomes due after that day and the tenant becomes subject to a warning.
Failure of the tenant to pay his debt does not alone terminate the contract. The lessor must take action as prescribed by law. The most common problem in practice is that the lessor waits for months and then sends an irregular warning or files a lawsuit without sending any warning.
The lessor gives the tenant a period of time in writing for the unpaid rent and notifies that he will terminate the contract if payment is not made within this period. For residential and roofed workplace leases, this period is at least thirty days and starts from the day following the notification to the tenant. In the warning, the month and amount of the debt must be clearly stated, and the termination notice must be clearly stated. A letter simply saying "pay your rent" does not constitute a default warning.
2.2. What happens at the end of the period?
If payment is not made within thirty days, the lessor may terminate the contract and file a lawsuit for eviction. If the tenant makes the payment within the period, the right of termination does not arise; However, this caveat may still be taken into account in the two justifiable caveat calculations described below.
The default remedy can also be exercised directly in the enforcement office without going to court. The lessor initiates enforcement proceedings for the rent receivable and requests eviction in the pursuit request. In the payment order sent by the enforcement office, the tenant is warned to pay the debt within thirty days, otherwise he will be evicted. This payment order, TBK art. It replaces the written warning in 315. The tenant may object to the payment order within seven days. If no objection is made and payment is not made within thirty days, the lessor requests the enforcement court to issue an eviction order. If the tenant objects, the lessor requests removal of the objection and eviction in the enforcement court. The examination in the enforcement court is document-based: a written lease agreement provides great convenience in this process. It is not mandatory to apply to a mediator in eviction proceedings carried out through enforcement.
criterion Default (TBK art. 315 / EBL art. 269) Two justified warnings (TBK article 352/2)
Aim Collecting unpaid rent or eviction if non-payment Breaking the habit of regular late payments
If payment is made If payment is made within the period, evacuation cannot be requested. The warning may be justified even if the payment is made later
Duration At least 30 days for payment File a lawsuit within one month from the end of the lease year
Some tenants are late with the rent every month, but pay it on time when the notice comes. In this case, eviction by default is not possible. The law solves this problem with two justified warning institutions. If the tenant has given two justified written warnings due to failure to pay the rent within a lease year (within the lease period for leases of less than one year), the lessor may terminate the contract by filing a lawsuit within one month from the end of the lease period or the relevant lease year.
The notice must be sent after the rent is due. A warning issued before the payment date is not justified.
The notice must relate to two different rental periods. Two notices for the same month's rent are considered one notice.
The warning must be in writing. The payment order sent with a notary notice and enforcement proceedings constitutes a written warning; Methods such as instant messaging, which may cause problems of notification and proof of content, should be avoided.
Both notices must reach the tenant within the same rental year.
The lease year is determined by the start date of the contract, not the calendar year. If the contract started on September 15, the lease year ends on September 14 of the following year and the lawsuit must be filed between September 15 and October 14. The time spent during the mediation process is not added to this one-month period.
Along with the eviction, accumulated rental fees, delay interest and penalty clauses, if agreed in the contract, may also be requested. If the damages caused by the tenant to the real estate during the eviction go beyond ordinary use, they are also compensated. The deposit (security fee) can be offset against the tenant's debts; TBK m. According to Article 342, the guarantee cannot exceed three months' rent and is deposited in a bank in a way that cannot be withdrawn without the consent of the tenant.
For a one-year housing lease starting on January 1, the rent will be paid on the 5th of each month. Tenant pays March rent on March 20,
He paid the rent for August on 25 August. The lessor sent a notary notice on the tenth of each month.
Both notices were sent after the rent became due, for different months and within the same rental year. The tenant's payment after the warning does not make the warnings unfair. After completing the mediation process, the lessor may file an eviction lawsuit within one month following December 31, the end of the lease year, that is, until January 31 (excluding the period spent in mediation).
If the rent is paid in person, can two justified notices be proven?
For cash payments, the tenant must prove the payment with a written document. If the lessor claims that the rent was not paid on the date of the warning and the tenant cannot provide a receipt or bank record, the warning may be considered justified.
What happens if the tenant paid the day before the notice?
If the debt is paid on the date of the warning, the warning is unfair and is not included in the calculation of two justified warnings. Therefore, bank accounts must be checked before sending a warning.
Does partial payment invalidate the notice?
If part of the rental fee is not paid, the debt is not fully fulfilled. A warning for the remaining amount may be justified; However, it is checked whether the missing amount is due to a controversial item such as a rent increase.
The tenant objected to the enforcement proceedings, what to do now?
Removal of the objection and release may be requested in the enforcement court within six months from the notification of the objection. Alternatively, a lawsuit for annulment of the objection may be filed in the general court; Mediation is required for this case.
Hastily sending a warning before the rent payment date arrives.
Terminating a residential lease with a notice of less than thirty days.
Mistaking the lease year as a calendar year and filing a two-warning lawsuit after the due date.
Issuing a warning while the debt is paid, without checking the tenant's payments.
Showing the rent increase amount, which is not written in the contract, as a debt and thus making the validity of the warning controversial.
Non-payment of rent is the most common problem for landlords and the law provides quick solutions to this problem. However, speed depends on procedural compliance: the timing, content and calculation of the lease year of the notice directly determine the outcome of the case. The choice between enforcement and litigation should be made by taking into consideration the amount of the receivable, whether the contract is in writing, and the tenant's attitude. Küheylan Law Firm carries out the process end-to-end, from preparation of notices for lessors to follow-up of eviction without judgment and eviction cases. For tenants, it carefully devises an objection and defense strategy against irregular warnings and unfair pursuits.
Important Legal Notice: This guide has been prepared for general information purposes and does not constitute legal advice. Legislation and Supreme Court practice may change over time; The unique circumstances of each dispute require a separate legal assessment. Küheylan Law Firm cannot be held responsible for the consequences that may arise from transactions based on this text.
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