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What is the Eviction Case ?

09.11.2022
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What is the Eviction Case ?

What Are the Necessary Conditions to Be Able to Evict the Tenant Through Two Justified Warnings?


The tenant must not have paid the rent for two months within the same rental year

The two notices must not belong to the same pay month. The rent for two different months should not be paid. Two separate warnings must be drawn for two different months in the rental year. The notices must belong to the same rental period. The warnings must be related to the rental prices separately.

-The lessor must give two rightful warnings to the tenant who does not pay the rent

The warnings must have been taken for the right reason. The rent must be paid, although the debt is due. The relevant notice must be in writing. It should be indicated to which month the unpaid rent belongs, its cost and payable payable. At this point, the tenant should be given some time. The payment of the rental price, which is paid for the right reason, is the failure to fulfill the debt. The warnings that are taken because of non-current lease receivables are not accepted as justified warnings. In this case, enforcement proceedings against the tenant, notification of default, etc. such cautions are also considered justified cautions for eviction due to two justified cautions.

-The lessor must file an eviction lawsuit within 1 month from the end of the rental year in which the warnings were made

In order for the lessor to file a lawsuit based on this reason, he must file an eviction lawsuit within 1 month from the end of the rental period. Otherwise, the lessor loses the right to sue.

The Court in Charge and Competent in the Eviction Case

The court in charge is the magistrate’s civil court, and the authorized court is the settlement place of the tenant who is the defendant, that is, the court where the rented real estate is located.

Accordingly, the lessor, who is the plaintiff, will file an eviction lawsuit in the magistrate’s court where the immovable property he has rented is located.

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