How to Evacuate a Tenant Who Doesn't Pay His Rent?

Economic fluctuations in residential and workplace rents cause serious disruptions in rent payments, which are the greatest income security of property owners. Failure to pay rent on time, delay or incomplete payment creates irreparable financial losses for lessors. The Turkish Code of Obligations (TBK) and the Execution and Bankruptcy Law (EIB) have foreseen fast and effective eviction mechanisms against tenants who do not pay their rent in order to protect those who rent their property.

However, the processes of collecting the rent receivable and evacuating the property; It requires tracking notification dates, calculating legal deadlines to the millimeter, and correct interpretation of precedent decisions of high courts. In this guide, we explain the tactical steps that property owners can take against tenants who do not pay their rent, accompanied by current Supreme Court case law and time tables.

1. Two Legal Remedies to Follow Against a Tenant Who Doesn't Pay His Rent

There are two basic legal methods that property owners can apply when they cannot receive their rent. The choice of these methods depends on the situation of the dispute:

A. TBK art. Default Warning and Lawsuit Pursuant to Article 315

In this method, the lessor sends a written warning to the tenant through a notary. In the notice, the amount and period of the unpaid rent debt is clearly stated, and the tenant is asked to pay the debt in residences and workplaces with roofs. at least 30 days time is given. In this warning "If payment is not made within 30 days, the contract will be terminated and an eviction lawsuit will be filed." The warning must be written clearly; Otherwise, the warning will be deemed invalid and the case will be rejected.

B. EBL art. Execution Proceedings Without Judgment Pursuant to Article 269 (Example No: 13)

In practice, Istanbul lawyer specialized in rent This is the method most preferred by the staff and gives the fastest results. Landlord to tenant through enforcement office enforcement proceedings with a request for eviction (Example 13) starts. Two critical periods begin with the payment order sent to the tenant:

1. Objection Period (7 Days): If the tenant claims that he has no debts or no lease relationship, he must appeal to the enforcement office within 7 days.
2. Payment Term (30 Days): If the tenant does not want to be evicted, he must pay all accumulated debt, together with enforcement costs and fees, within 30 days from the date of notification of the payment order.

2. Current and Precedent Decisions of the Supreme Court of Appeals and the General Assembly of Law dated 2025 and 2026

In cases of eviction of tenants who do not pay their rent, the strict rules determined by the high courts directly determine the fate of the case. Contrary to the information pollution on the internet, precedent decisions whose authenticity has been registered are as follows:

I. HGK's "35 Kurus" Underpayment Decision (No Deduction Principle)

Legal Principle: It is essential that the rent debt is paid "in full and complete". The tenant cannot make even the slightest deduction from the rent due to bank transfer costs or other reasons.

In the incident, which is the subject of the Supreme Court of Appeals General Assembly and local court jurisprudence, the tenant paid the entire rent debt within the 30-day legal payment period, but due to bank deduction 0.35 TL (Thirty-five cents) There remains a deficiency. The Supreme Court found that the fact that even such a small amount was not paid was sufficient for the case of default and It ruled that an eviction order should be given due to default..

II. HGK's "Ancillary Expense" Decision dated 2 July 2025 (Mains: 2024/12-785, Decision: 2025/426)

Legal Principle: Failure to pay side expenses such as dues, electricity, water and common area expenses that the tenant is obliged to pay in rental agreements is also a direct reason for eviction.

Supreme Court of Appeals General Assembly In its exemplary decision dated 02.07.2025 (Article No: 2024/12-785, Decision No: 2025/426); In accordance with the provisions of İİK 269 and TBK 315, within the thirty-day default period If the side expense debt is not paid, default will be deemed to have occurred factually. and it was ruled that an evacuation decision was mandatory.

III. Mediation Decision of the 3rd Civil Chamber of the Supreme Court of Appeals dated 26 May 2025

Legal Principle: The application for compulsory mediation, which is a condition of litigation, must be made after the right to file an eviction lawsuit has arisen.

3rd Civil Chamber of the Supreme Court of Appeals In its decision dated 26.05.2025 As emphasized; If the property owner applies to mediation before the 30-day payment period given to the tenant expires, this application is considered invalid. In order for the mediation application to be valid, the tenant must be in default (the right has arisen) by not paying the debt at the end of 30 days.

3. Evacuation Processes and Step-by-Step Process Schedule

In case of enforcement proceedings and lawsuits against the tenant who does not pay the rent, the legal calendar works as follows:

4. Regional Differences in "Failure to Pay Rent" Cases in Istanbul

If rent disputes are brought to courthouses, the workload of the court where the case will be heard directly affects the eviction schedule. Especially Istanbul expert rental lawyer Characteristic features of courthouses should be taken into consideration in cases carried out before them:

• Çağlayan (Istanbul Courthouse): Especially BeyogluIt deals with disputes in Şişli, Beşiktaş, Kağıthane and Sarıyer districts. Beyoğlu lessor lawyer As we have observed in the files we follow, it is seen that tenants resort to procedural objections (signature denial, exchange-offset claims) much more frequently in order to prolong the case due to the high rental prices in this region.
• Kartal (Istanbul Anatolian Courthouse): It carries out the evacuation files of Kadıköy, Ataşehir, Ümraniye and Maltepe regions. Due to the density of enforcement law offices, the hearing dates of Example 13 proceedings can be given to later dates compared to Çağlayan.
• Bakırköy Courthouse: It hears cases in areas with high residential circulation, such as Esenyurt, Beylikdüzü and Avcılar. Following the notification processes in this courthouse is the most operationally challenging phase.

5. Frequently Asked Questions (FAQ) Regarding Eviction of Non-Paying Tenants

If the tenant pays his rent 3-5 days late every month, is this a reason for eviction?

Yes. Regular payment of rent every month after the due date indicates that payment discipline is impaired. If the property owner sends two justified warnings within the same rental year due to these delays in different months, at the end of the rental period "Evacuated Due to Two Justified Warnings" can file a lawsuit. However, the relevant notice must be notified to the tenant before sending the rent. For example; You have issued a warning for a 3-day delay. If the tenant makes payment within that time period before the warning is notified to the tenant, it will not be considered a justified warning. To follow these technical details, you can get professional support from our team of lawyers who are experts in the field of rent.

If the tenant pays the entire debt after the 30-day legal period, will the eviction case be dismissed?

No. The fact that the tenant pays his debt on the last day of the 30-day legal period (for example, the 31st day) does not prevent the occurrence of default. According to the Supreme Court case law, payments made after the due date do not eliminate the creditor's right to file an eviction lawsuit and terminate the contract.

Can a tenant who does not pay his dues be evicted?

Yes. TBK m. In accordance with Article 315, the tenant is obliged to pay the "side expenses" arising from the contract (dues, common area expenses, etc.) along with the rental fee. A 30-day payment order is sent to the tenant who does not pay the dues, and if payment is not made at the end of the period, an eviction lawsuit may be filed.

What happens if the tenant objects to the enforcement proceedings by saying "I paid my rent in person"?

The burden of proof is entirely on the tenant. In our law, payments over a certain amount (by promissory note or bank channel) must be proven with a written document. If the tenant cannot prove that he/she has paid in person with a signed receipt, release or bank statement, the court decides to remove the objection and evict the tenant.

Is it mandatory to go to mediation in enforcement proceedings with a request for eviction (Example 13)?

No. It is not mandatory to apply to a mediator for "objection removal and eviction" cases to be filed in Enforcement Courts. However, if a lawsuit for "cancellation of objection and release" is to be filed before the Civil Court of Peace after objecting to the enforcement proceeding, it is a legal requirement to apply to the mediator before filing the lawsuit.

6. Why Should You Get Professional Support in Evicting a Tenant Who Doesn't Pay the Rent?

Legal processes to be initiated due to disruptions in rent payments are the areas where the "form and duration" rules are applied most strictly. Mistakes such as underwriting the debt amount in the notice, not specifying the month it belongs to, miscalculating the 30-day payment period, or submitting the mediation application before the right arises will result in the case being rejected due to procedural reasons and the homeowner losing time for at least 1 more year. Eliminating the tenant's unfair objections to the enforcement office in order to prolong the process is only possible with the tactical moves of a lawyer specialized in enforcement law and rental cases.

Timely collection of rent and contractual ancillary expenses is the most basic legal right of property owners to maintain their financial stability. Eviction processes of tenants who do not pay their rent or who victimize the property owner with a chronic habit of delaying; Example 13 is a high-level non-prosecution procedure that requires error-free preparation of enforcement proceedings with requests for evacuation, monitoring of 30-day default periods, detection of hidden underpayments resulting from bank deductions, and rapid results in the enforcement civil courts. It is a process that requires planning. Attorney Mehmet Emin Kurşun Law Firm; With its deep experience in real estate and enforcement law, especially in the regions of Istanbul that are the epicenter of rental disputes, such as Beyoğlu, Şişli, Kadıköy, Kartal and Bakırköy, it has a professional staff with its expert staff in order to collect the receivables of property owners in the fastest way and to finalize the eviction procedures in the minimum time within the legal framework. provides transparent and completely result-oriented litigation and enforcement proceedings attorney services.