Eviction of a Tenant Due to Two Justified Notices - Ümraniye Rental Lawyer
In lease agreements, one of the tenant's fundamental obligations is to pay the rent regularly and at the time agreed in the contract. Failure by the tenant to pay the rent on time may, where certain conditions are fulfilled, entitle the landlord to request termination of the lease agreement and eviction of the tenant. One of the grounds for eviction regulated under the Turkish Code of Obligations in this context is eviction based on two justified notices served on the tenant due to non-payment of rent.
Eviction due to two justified notices does not arise from the tenant's failure to pay a single rent debt, but from the tenant causing two separate justified notices by failing to pay rent on time within the period specified by law. Therefore, whether the notices are justified, which rental period they concern, whether they reached the tenant and whether the eviction action was filed within the prescribed period are important.
Furthermore, disputes arising from lease relationships, except for provisions concerning eviction through execution proceedings without judgment, have been subject to mandatory mediation as a prerequisite to filing a lawsuit since 1 September 2023. Therefore, the mediation process must also be taken into account before filing an eviction action based on two justified notices.
Therefore, in assessments concerning an Ümraniye rental lawyer, Ümraniye real estate lawyer, Istanbul rental lawyer, tenant eviction lawyer, eviction action based on two justified notices and eviction due to rent debt, the lease agreement, payment records, notices and statutory time limits should be examined together.
What Is Eviction Due to Two Justified Notices?
Eviction due to two justified notices is a ground for eviction that allows the landlord to terminate the lease agreement through a lawsuit where the tenant has caused two separate justified written notices within a specified rental period due to failure to pay the rent on time.
This ground for eviction is based on the tenant's repeated breach of the obligation to pay rent regularly and on time.
The tenant's subsequent payment of the rent debts does not in every case automatically eliminate the possibility of eviction based on two justified notices. However, whether each notice is justified and whether the other statutory requirements have been fulfilled must be separately examined in the particular case.
What Is the Legal Basis for Eviction Due to Two Justified Notices?
Eviction due to two justified notices is regulated within the provisions of the Turkish Code of Obligations concerning termination of the contract for reasons arising from the tenant.
The purpose of the regulation is to provide the landlord, under certain conditions, with the possibility of terminating the agreement through court proceedings where the tenant repeatedly delays payment of rent and forces the landlord to demand payment each time.
Therefore, the institution of two justified notices is based not merely on the existence of rent debt, but on the occurrence of two separate justified notices within the period required by law.
What Are the Conditions for Eviction Due to Two Justified Notices?
Several conditions must be fulfilled together for eviction based on two justified notices.
It is important that the tenant has failed to pay due rent on time, that the landlord has therefore issued a written notice, that two separate justified notices have arisen within the period required by law and that the eviction action is filed within the prescribed period.
The absence of any of these conditions may affect the outcome of the eviction request.
What Is a Justified Notice?
A justified notice is a written payment notification made by the landlord after the tenant fails to timely fulfil a rent obligation that has become due and payable.
For a notice to be considered justified, it is important that there actually be an unpaid and enforceable rent debt on the date of the notice.
If the tenant paid the rent on time, a notice nevertheless sent by the landlord may not qualify as one of the two justified notices.
Therefore, bank records, the lease agreement, payment dates and the date of service of the notice are important.
Must the Notice Be in Writing?
For eviction based on two justified notices, the notice must be in writing.
Oral payment demands or everyday conversations between the parties may not be sufficient to establish the requirement of two justified notices.
It is important that the content of the notice makes clear which rent debt it concerns and that the notification is addressed to the tenant.
Must the Notice Be Sent Through a Notary?
Although the notice must be in writing, notices sent through a notary may facilitate proof of the content of the notification and the service process in practice.
Nevertheless, it would not be correct to adopt an absolute approach that only notifications made in the form of notarised notices can be considered for the purposes of two justified notices.
Whether the notification used in the particular case legally qualifies as a written notice must be examined separately.
Can Enforcement Proceedings Count as One of the Two Justified Notices?
A payment order sent to the tenant in enforcement proceedings initiated for collection of rent may, depending on its conditions, be regarded as a justified notice.
A study published by the Ministry of Justice also states that there is no obstacle to payment orders containing an eviction warning serving as a justified notice under substantive law.
Therefore, it should not be assumed that two justified notices must necessarily consist of two separate notarised notices. The content of payment orders in enforcement files, the rent debt and dates of service should also be assessed.
Must Both Notices Relate to Different Rent Debts?
The institution of two justified notices is based on the tenant's failure to fulfil the rent obligation on time on different payment dates.
Sending two consecutive notices for the same rent debt does not mean that there have been two separate payment breaches.
Therefore, for two justified notices to exist, it is important that separate notices arise because different rent payments were not made on time.
If Several Months of Rent Are Demanded in the Same Notice, Does This Constitute Two Notices?
Demanding rent debts for several months in a single written notice does not automatically constitute two separate notices merely because more than one month is involved.
The essential requirement under the regulation on two justified notices is the existence of two separate justified notices.
Therefore, showing rent debt for two or more months in one notice should be distinguished from the existence of two separate justified notices arising at different times.
Can Paying the Rent a Few Days Late Constitute a Justified Notice?
Where the rent is not paid at the payment time specified in the agreement or by law, default and notice issues may arise in relation to the rent debt.
More important than the length of the delay is whether the payment date of the rent debt has arrived and whether the debt remained unpaid on the date the notice was sent.
Therefore, even a delay of a few days may have legal consequences depending on the circumstances of the particular case.
Does the Notice Become Invalid If the Tenant Pays the Debt After Receiving It?
Payment of the rent debt after the notice does not in every case retroactively eliminate the payment delay that existed when the notice was sent.
Eviction based on two justified notices should be distinguished from other eviction procedures based on complete non-payment of rent.
For the institution of two justified notices, what matters is that the tenant has caused the landlord to issue two justified written notices by failing to pay rent on time within the period specified by law.
However, the dates on which the notice was sent and payment was made must be examined in detail in the particular file.
What Happens If the Tenant Pays the Debt Before the Notice Is Sent?
Where the rent has been paid before the notice is sent, the justification of the notice may become disputed.
For the purposes of two justified notices, it is important that an unpaid due rent debt exists at the time the notice is made.
Therefore, the tenant's payment date should be compared with the date on which the notice or payment order was sent.
Does Partial Payment Prevent a Justified Notice?
Where the tenant pays only part of the rent debt, the remaining debt must be assessed separately.
Because the tenant is required to pay the full rent on time, the remaining due rent debt resulting from an incomplete payment may be subject to a notice.
However, it is important whether the amount demanded in the notice is correct and whether previous payments made by the tenant have been taken into account.
If There Is a Dispute About the Rent Increase Rate, Is the Notice Justified?
A dispute between the parties concerning the amount of rent may make the assessment of two justified notices more complex.
Where the landlord sends a notice based on a rent amount higher than what can legally be demanded, the justification of the notice may be disputed.
Therefore, the rent increase clause in the lease agreement, applicable statutory regulations, payments made and the amount demanded should be examined together.
How Do Two Justified Notices Arise in a One-Year Lease Agreement?
In lease agreements of one year or longer, it is important that the two justified notices occur within the same rental year or the relevant period specified by law.
A tenant experiencing one payment delay in different rental years does not in every case fulfil the requirements for eviction based on two justified notices.
Therefore, it must be correctly determined within which rental year the notices occurred.
Are Two Justified Notices Possible in Lease Agreements Shorter Than One Year?
Eviction based on two justified notices may also arise in lease agreements shorter than one year.
In this case, the notices must occur within the lease period.
Therefore, the duration of the lease agreement is one of the important factors determining the period to be taken as the basis in the eviction action.
Can Notices From Different Rental Years Be Combined?
In lease relationships of one year or longer, the two justified notices must fall within the same rental year or the relevant period specified by law.
For example, the mere numerical combination of one notice occurring in one rental year and another notice occurring in the following rental year does not automatically mean that a right to eviction has arisen.
The periodic requirements of the notices should be examined together.
How Is the Rental Year Determined?
A rental year does not always mean a calendar year.
The commencement date of the lease agreement is taken as the basis for determining the rental year.
For example, where the lease agreement begins in the middle of the year, the assessment should not automatically be made on a January-to-December basis.
Therefore, the commencement date of the agreement is particularly important in cases involving two justified notices.
Must the Notice Be Served on the Tenant?
For the notice to produce legal consequences for the tenant, it is important that it properly reaches the tenant.
Therefore, notarial service records, electronic service records or service documents in enforcement files may be among the important evidence in an eviction action.
Merely preparing a notice is not the same as notifying it to the tenant.
If There Is More Than One Tenant, to Whom Should the Notice Be Sent?
Where more than one tenant is named in the lease agreement, the addressees of the notice and the status of the parties in the eviction action should be assessed separately.
In joint tenancy relationships, notification to only one of the tenants may not be sufficient in every case.
Therefore, it should be examined who is listed as tenant in the lease agreement and to whom the notices were addressed.
What Happens to Previous Notices If the Landlord Changes?
Where the leased property changes ownership, continuation of the lease relationship and the legal position of the new owner are assessed under the provisions of the Turkish Code of Obligations.
For eviction based on two justified notices, whether notices from the previous period have an effect should be assessed by considering the dates of the notices, the rental period and the date of the change of ownership.
Therefore, the date of sale of the property and the dates of the notices should be examined together.
Can the Tenant Be Evicted Immediately Once Two Justified Notices Exist?
No.
The existence of two justified notices does not authorise the landlord to directly remove the tenant from the property.
After the conditions prescribed by law have been fulfilled, court proceedings must be initiated for eviction.
The landlord removing the tenant's belongings, changing the locks or preventing access to the property by their own means may give rise to separate legal issues.
When Is an Eviction Action Based on Two Justified Notices Filed?
The time limit for filing an eviction action based on two justified notices is particularly important.
The landlord must initiate court proceedings within one month beginning from the end of the relevant lease period or rental year specified by law.
Because this period is critical for exercising the right to eviction, the commencement and expiry dates of the lease agreement and the dates of the notices should be calculated together.
What Happens If the One-Month Time Limit for Filing the Action Is Missed?
An eviction action based on two justified notices must be filed within the period prescribed by law.
Failure to comply with the one-month period may affect the ability to request eviction based on the relevant two notices.
Therefore, the existence of two justified notices alone is not sufficient; the filing period must also be correctly calculated.
Is Mediation Important in Relation to the One-Month Period?
Yes.
Disputes arising from lease relationships, except for provisions concerning eviction through execution proceedings without judgment, are subject to mandatory mediation before a lawsuit is filed. The practice began on 1 September 2023.
Therefore, in an eviction claim based on two justified notices, the litigation period and the legal effect of the mediation application must be assessed together.
Incorrect calculation of time limits may result in loss of rights, making the date on which the rental year ends and the date of the mediation application particularly important.
Is Mandatory Mediation Required in an Eviction Action Based on Two Justified Notices?
Yes.
Eviction based on two justified notices is a dispute arising from a lease relationship and does not fall within the exception relating to eviction through execution proceedings without judgment. Therefore, mandatory mediation must be initiated before filing the lawsuit. The Ministry of Justice also explains that disputes arising from lease relationships, except for the eviction-through-execution exception, are subject to mandatory mediation.
If no agreement is reached in mediation, an eviction action may then be filed.
Can the Parties Agree on Eviction During Mediation?
During mediation, the parties may discuss resolution of the dispute on matters such as rent debt, a payment plan, continuation of the lease relationship or evacuation of the property on a specified date.
Ministry of Justice data also demonstrate that mediation is actively used in lease disputes. The Ministry's 2025 activity report states that 148,599 disputes arising from rental law have resulted in settlement through mediation since 1 September 2023.
Which Court Has Jurisdiction Over an Eviction Action Based on Two Justified Notices?
Eviction disputes arising from lease relationships generally fall within the subject-matter jurisdiction of civil courts of peace.
Accordingly, the rules concerning disputes arising from lease relationships apply to the competent court in an eviction action based on two justified notices.
As regards territorial jurisdiction, the circumstances of the particular case and the jurisdictional provisions of the Code of Civil Procedure should be assessed separately.
Where Is an Eviction Action Filed for a Property Located in Ümraniye?
Where the leased property is located in Ümraniye, the location of the property, the residences of the parties and rules concerning the place of performance of the rent obligation should be assessed in determining territorial jurisdiction in the particular case.
Therefore, other possible jurisdictional rules should not be disregarded merely because the property is located in Ümraniye.
Which Documents Are Important in an Eviction Action Based on Two Justified Notices?
The lease agreement, bank records showing rent payment dates, notices, service documents, enforcement files and other documents demonstrating the payment dispute between the parties may be important in the eviction action.
For the court to determine whether the two notices were genuinely justified, it should be clearly established when the rent debt became due and when it was paid.
Are Bank Receipts Evidence in an Eviction Action?
Yes.
Bank receipts and account movements may constitute important evidence in determining the dates and amounts of rent payments.
Particularly where the tenant argues that “the rent was paid on time,” the payment date becomes important in determining whether the notice was justified.
How Are Cash Rent Payments Proven?
Where rent is alleged to have been paid in cash, an issue of proof may arise.
Whether a payment receipt or written document exists is important.
Therefore, making rent payments through methods that can be proven may help prevent disputes for both the tenant and the landlord.
Can the Tenant Claim That There Is No Rent Debt?
Yes.
The tenant may argue that the rent subject to the notice was previously paid, that the amount demanded is incorrect, that the rent increase was incorrectly calculated or that the notice is unjustified for another reason.
The court assesses these defences in light of the lease agreement, payment documents and other evidence in the file.
Can the Tenant Argue That the Notices Belong to the Same Period?
Yes.
Failure of the two justified notices to satisfy the period requirement specified by law may constitute an important defence in the eviction action.
The tenant may argue that the notices relate to different rental years or that the same debt was demanded repeatedly.
Therefore, not only the number of notices but also which debt and rental period they concern is examined.
What Happens If the Notice Contains an Incorrect Rent Amount?
Where the rent debt demanded in the notice differs from the amount actually owed, a dispute may arise regarding whether the notice is justified.
Particularly where the rent increase rate has been incorrectly applied, a payment already made has not been taken into account or the entire debt has been incorrectly stated, a detailed calculation may be required.
Therefore, in an eviction action, not only the existence of the notice but also whether the rent claim underlying the notice is legally correct is important.
Are Eviction Due to Two Justified Notices and Eviction Due to Default the Same?
No.
Eviction based on two justified notices and eviction based on the tenant's default due to non-payment of rent are different legal procedures.
In the two-justified-notice procedure, two separate justified notices must arise within a specified period and the action is filed at the end of the relevant period.
In eviction based on default, different requirements apply, such as granting the tenant a period in accordance with the law and the debt not being fulfilled within that period.
Therefore, the same rent debt incident should be separately assessed under the different eviction provisions.
Are Two Justified Notices and an Eviction Undertaking the Same?
No.
Eviction based on an eviction undertaking is based on the tenant's written commitment to vacate the leased property on a specified date.
Eviction due to two justified notices is based on the tenant causing two separate justified notices by failing to pay rent on time.
The conditions and time limits for these two grounds for eviction are different.
Can Two Justified Notices and Eviction Due to Need Be Assessed in the Same Case?
Two justified notices and eviction due to need are based on different legal grounds.
Whether the landlord has more than one ground for eviction in the particular case may be assessed separately. However, the statutory requirements of each ground for eviction must be fulfilled.
A deficiency in one ground for eviction does not automatically complete the requirements of another ground.
Can a Tenant Be Evicted If They Pay Late Every Month?
A tenant's repeated payment of rent after the due date may bring the two-justified-notice mechanism into consideration.
However, merely alleging that “the rent is always paid late” is not sufficient for eviction.
Justified written notices must arise in the manner required by law, the period requirement must be satisfied and the action must be filed within the prescribed period.
What Happens If the Landlord Has Accepted Late Payments for a Long Time?
Long-standing payment practices between the parties may become an issue in assessing the particular case.
Particularly where there is a difference between the payment date stated in the agreement and the payment practice consistently followed by the parties, a detailed examination may be required regarding whether the notice is justified.
Therefore, depending on the circumstances of the dispute, not only the text of the agreement but also the manner in which the parties have conducted the lease relationship may be important.
How Long Does an Eviction Action Based on Two Justified Notices Take?
The duration of an eviction action may vary depending on the court's workload, service procedures, the parties' claims and defences, collection of evidence and the scope of the dispute.
The mandatory mediation process must also be completed before the lawsuit. Mandatory mediation in lease disputes has been applied since 1 September 2023.
Therefore, it is not possible to provide a definite litigation period for every case.
Is the Tenant Removed on the Same Day an Eviction Decision Is Issued?
Issuance of an eviction decision and actual enforcement of that decision are not the same stage.
The legal nature of the decision, legal remedy process and enforcement stage must be taken into account when implementing the eviction decision.
It is not a lawful method of eviction for the landlord to remove the tenant by their own means while disregarding court and enforcement procedures.
Can the Tenant's Belongings Be Removed by the Landlord?
Even if the landlord believes that the conditions for eviction have been fulfilled, the landlord should not carry out the eviction by unilaterally removing the tenant's belongings from the property.
Eviction must be carried out within the applicable legal procedures.
Conduct to the contrary may give rise to new civil and criminal disputes between the parties.
Is It Lawful for the Landlord to Change the Locks?
The tenant's failure to pay rent or the existence of two justified notices does not directly authorise the landlord to change the locks.
The judicial or enforcement procedures prescribed by law must be used for eviction of the tenant.
Attempts by the parties to resolve a lease dispute through force or their own means may result in separate legal liabilities.
What Are the Tenant's Most Important Defences in a Two-Justified-Notice Case?
The tenant may argue that the rent was paid on time, that no debt existed on the date the notice was sent, that the notices occurred in different rental years, that two separate notices were sent for the same debt, that the amount of rent demanded was incorrect or that the action was not filed within the prescribed period.
Whether the mandatory mediation process was properly completed is also important for the proceedings.
Each defence must be assessed on the basis of concrete documents.
What Are the Most Important Points for the Landlord?
For the landlord, it is important that the date on which rent must be paid is clear, delays are documented, notices are made in writing and for the correct debt, service records are retained and the notices fall within the same relevant rental period.
In addition, the time limit for filing the action and the mandatory mediation process must be carefully followed.
A procedural or time-limit deficiency may affect the eviction request even in a case where two justified notices are believed to exist.
Ümraniye Rental Lawyer Assistance in Eviction Due to Two Justified Notices
Legal assistance in eviction actions based on two justified notices may include reviewing the lease agreement, determining payment dates, assessing bank records, preparing and reviewing notices, assessing enforcement proceedings, calculating the rental year and litigation period, following the mandatory mediation process and conducting the eviction action.
From the tenant's perspective, the justification of the notices may be examined, payments may be proven, the correctness of the rent calculation may be assessed, period and time-limit requirements may be reviewed and defences against the eviction request may be prepared.
Therefore, in assessments within the scope of an Ümraniye rental lawyer, Ümraniye real estate lawyer, Istanbul rental lawyer, tenant eviction lawyer and two justified notices lawyer, it is important to examine not merely the number of notices but the entire lease relationship and payment history.
Conclusion
Eviction of a tenant due to two justified notices is a specific eviction procedure under which failure to pay rent on time may, subject to certain conditions, result in termination of the lease agreement.
It is not sufficient for the tenant merely to have made two late payments. The notices must be justified and written, must occur within the rental period specified by law, must be based on separate payment breaches and the eviction action must be filed within the statutory period.
Furthermore, disputes arising from lease relationships have been subject to mandatory mediation since 1 September 2023, except for the eviction-through-execution exception.
Therefore, when assessing eviction due to two justified notices, eviction due to rent debt, tenant eviction actions, mandatory mediation, Ümraniye rental lawyer, Ümraniye real estate lawyer and Istanbul rental lawyer, the lease agreement, rental year, payment dates, content and service of the notices and time limits for filing the action should be considered together.