Welcome to another informative blog post from Bayraktar Attorneys, where we aim to shed light on some of the complexities of the Turkish legal system for our expatriate readers. Today’s focus is on the eviction process with police assistance in Turkey, known in Turkish as “polisle kiracı çıkarma.” This term can often be a source of anxiety for both landlords and tenants when lease agreements go awry. Understanding your legal rights and the steps involved can help navigate these tricky waters smoothly.
The Legal Grounds for Evicting Tenants In Turkey
Before delving into the eviction process itself, it is essential to understand the legal basis for an eviction. Turkish law provides clear conditions under which a landlord can request the eviction of a tenant. These include the expiration of the lease, non-payment of rent, or a breach of contractual terms. If any of these conditions are met, and attempts at resolution have failed, a landlord is within their rights to seek eviction through the legal system. It’s also important to note that a court decision is mandatory for eviction; landlords cannot unilaterally evict tenants without due process.
Initiating the Eviction Process
The eviction process in Turkey typically begins with the landlord filing a lawsuit against the tenant. This step is crucial and must be approached with expert legal advice to ensure all procedural requirements are met. A notice will be served to the tenant, outlining the cause for eviction and giving them an opportunity to respond. During this phase, settlement through mutual agreement is always preferable and can save both parties time and resources. However, if the tenant refuses to vacate the property or contests the eviction, the case will proceed to court.
Going to Court
Once in court, both the landlord and tenant will have the opportunity to present their case, and it is imperative that all relevant evidence is put forward. If the court rules in favor of the landlord, an eviction order will be issued. At this point, the tenant is legally obligated to leave the property by a specified date. Failure to comply with the court order can lead to the enforcement phase, where having a deep understanding of the “polisle kiracı çıkarma” procedure becomes pivotal.
Eviction with Police Assistance
If the tenant does not leave the property by the court-ordered date, the landlord can request enforcement of the eviction. This is where “polisle kiracı çıkarma” or eviction with police assistance comes into play. To invoke this, the landlord must apply to the Execution Office with the court decision. The Execution Office will schedule an eviction date and notify both parties. On the appointed day, if the tenant still refuses to vacate, the Execution Office officials, accompanied by the police, will ensure the eviction is carried out. It is worth noting that landlords should never attempt to evict a tenant personally, as this can lead to legal repercussions.
For both landlords and tenants, the process is understandably stressful, but knowing the legal steps can alleviate uncertainty. Whether you are a landlord seeking to regain possession of your property or a tenant facing eviction, it’s paramount to seek competent legal advice. At Bayraktar Attorneys, we provide expert counsel to ensure that your rights are protected throughout this process. Do reach out to us for guidance on eviction or any legal concern you may have while in Turkey.
