Unpaid Rent Collection in Turkey Through Enforcement Proceedings

Unpaid rent collection in Turkey is one of the most common legal problems faced by landlords and commercial property owners in Turkey. When a tenant fails to pay their rent, it becomes important for the landlord to seek a solution without entering into a lengthy and costly lawsuit. At this point, Article 269 of the Turkish Enforcement and Bankruptcy Law (İcra ve İflas Kanunu) comes into play. This regulation allows the landlord (creditor) to unpaid rent collection in Turkey directly and rapidly through enforcement offices without first needing a court judgment.

In this article, we will systematically explain the process of unpaid rent collection in Turkey via enforcement proceedings, the conditions required for initiating such a process, application methods, and the rights both landlords and tenants hold under Turkish Law. Besides, a landlord who want to evict a tenant in Turkey must proceed a different proceedings.

Legal Basis for Unpaid Rent Collection in Turkey via Enforcement Proceedings in Turkey

Under Article 269 of the Enforcement and Bankruptcy Law in Turkey, the landlord (creditor) has the right to apply directly to the enforcement office to collect the tenant’s (debtor’s) unpaid rent, without first obtaining a court order or judgment. This provision is specifically designed to ensure that recurrent, periodic debts such as rent are collected quickly, cost-effectively, and efficiently under Turkish Law.

The scope of this article covers not only residential and covered commercial property rentals, but also ancillary debts arising from the operation of these properties. For example, debts such as service charges or common expenses linked to the rental contract can generally also be subject to enforcement proceedings. In this way, the rights of the landlord are protected, and payment orders can be sent directly to tenants through the enforcement offices, without the need for a court procedure in Turkey.

Legal Remedies for

Unpaid Rent Collection in Turkey

Under Turkish Law

There are two primary legal routes available in Turkey for the collection of rent debts:

• Summary Enforcement Proceedings (İlamsız İcra Takibi, Article 269 of the Enforcement and Bankruptcy Law): This is the most frequent and effective method for unpaid rent collection in Turkey . The landlord submits the rental contract to the enforcement office and requests the issuance and delivery of a payment order directly to the tenant. If the tenant does not object within seven days, or if their objection is procedurally invalid or groundless, the process becomes final and proceeds to the seizure phase.
• Lawsuit for Unpaid Rent Collection in Turkey : According to Article 315 of the Turkish Code of Obligations, the landlord can give the tenant a minimum of 30 days to pay and, if payment is not made within this period, notify the tenant of contract termination and file a lawsuit for unpaid rent collection in Turkey . If the landlord wins in court, they will have a final judgment, which can then be enforced via judgment enforcement proceedings. However, since this method requires litigation, it is slower and costlier compared to summary enforcement proceedings.

Conditions and Required Documents for Enforcement Proceedings for

Unpaid Rent Collection in Turkey

To initiate summary enforcement proceedings in Turkey (under Article 269 of the Enforcement and Bankruptcy Law), certain preconditions stipulated by Turkish legislation must be met. Non-compliance with these requirements may result in rejection of the creditor’s application or failure in court in the event of a tenant’s objection.

The Rental Contract (Lease Agreement) in Turkish Enforcement

To serve as a basis for unpaid rent collection in Turkey through enforcement proceedings and to make proof easier before Turkish authorities, the parties are strongly advised to enter into a written rental contract. However, even with an oral rental agreement, the landlord can still initiate an enforcement proceeding. If the tenant does not expressly object to the existence of the rental relationship as claimed in the application, they are deemed to have accepted it, and the landlord can proceed to request the removal or annulment of the tenant’s objection through a legal action.

• Oral contract: Unless the tenant openly and specifically denies the rental relationship in their objection, the contract is deemed accepted.
• Standard written contract: Agreements signed between the parties themselves are recognized as valid.
• Notarized contract: These are strongly preferred as they ease the burden of proof and prevent the tenant from disputing their signature.

Note: Tenants sometimes try to prolong the process by denying their signature. Having a notarized rental contract eliminates this risk in Turkish enforcement proceedings.

Existence of a Due and Payable (Matured) Debt

The rent amount that is the subject of enforcement proceedings must already be due for payment. Enforcement may not be initiated for rent claims that are not yet due.

• For example, for monthly rent, the contractual due date must have passed. If no specific due date is specified in the contract, the month in question must have ended.

Rental Contract Must Be Signed and Stamp Tax Paid According to Turkish Law

All written rental agreements are subject to stamp tax under Turkish Stamp Tax Law.

• Payment of stamp tax gives the contract official status before Turkish authorities.
• In practice, most enforcement offices in Turkey will not accept contracts unless the stamp tax has been paid, and will set a deadline for the creditor to remedy this deficiency.

How the Unpaid Rent Enforcement Process Works in Turkey

Unpaid rent collection in Turkey through Turkish enforcement offices begins with the landlord’s application to the enforcement office. The process typically involves the following phases:

Issuance of a Payment Order by the Enforcement Office

The process starts when the landlord applies to the enforcement office, presenting the written rental contract (if available) and necessary documents, and specifies the unpaid rent periods. Based on this application, the enforcement office issues a payment order to the tenant (debtor).

The payment order will detail the rent debt owed by the tenant and any applicable late fees. In practice, each unpaid monthly rent is listed individually by period, so the tenant can clearly see which months are overdue, the amounts owed, and the total debt. The tenant is given a seven-day period to pay, with a warning that if payment is not made within this time, assets may be seized.

Service (Delivery) of the Payment Order Under Turkish Notification Law

After the payment order is issued, it must be served on the tenant in accordance with the Turkish Notification Law (Tebligat Kanunu). Normally, service is conducted via the Turkish postal service (PTT), but if the tenant has an address registered with the National Electronic Notification System (UETS), the order may be sent electronically.

The primary address used for service is that stated in the rental contract. If the tenant has moved, service can be sent to the address listed in the MERNIS central population registry, or to a commercial tenant’s registered business address according to the trade registry.

Correct service of notice and its legal validity are critical for the progress of Turkish enforcement proceedings. This is because the tenant’s right to object and their payment deadline are triggered from the date of service. If service is improperly executed, the tenant may later file a complaint before Turkish authorities and request cancellation of the proceedings.

Tenant’s Right to Object and Time Limit Under Turkish Law

Once the payment order is served, the tenant has a right to file an objection with the enforcement office within seven (7) days. The objection does not need to be justified in detail; even a simple statement of “I object” will suspend the process. However, in practice, objections are generally raised under categories such as:

• Objection to the debt in the process of unpaid rent collection in Turkey : Claiming that the debt never arose, has been paid, or was calculated incorrectly.
• Objection to the contract or signature in the process of unpaid rent collection in Turkey : Denial of having signed or entered into a rental agreement.
• Objection to jurisdiction in the process of unpaid rent collection in Turkey : Claiming the enforcement was initiated in the wrong location.
• Objection to the amount or interest in the process of unpaid rent collection in Turkey : Disputing the amount of the debt or the calculation of interest.

If the tenant does not object within seven days, the proceedings become final and the landlord may request seizure of the debtor’s assets. Conversely, if the tenant files an objection, the process is automatically suspended. At this stage, the landlord must apply to court—either for “removal of the objection” or “annulment of the objection”—for the process to continue under Turkish procedure.

This stage is critical in Turkish enforcement proceedings: Where there is no objection, the process advances quickly to foreclosure; if there is an objection, the matter becomes a litigation issue.

Results of the Tenant Objecting or Not Objecting to the Payment Order in Turkey

If the tenant does not object to the payment order, the enforcement proceeding quickly becomes final in order to unpaid rent collection in Turkey . If the tenant pays, the file is closed; if not, and no objection is made, the landlord may request that the tenant’s assets be seized by the Turkish enforcement office. The process then moves to the seizure and liquidation stage.

If the tenant objects within seven days, the process is suspended. The landlord must then choose between two principal legal remedies under Turkish Law:

• Action for Removal of Objection: Filed before the enforcement (execution) court. The landlord must prove the debt—usually with a written rental contract. This method is generally faster.
• Action for Annulment of Objection: Where the landlord lacks documentary evidence, or removal of objection is unavailable, they may bring this action before a civil court of peace (Sulh Hukuk Mahkemesi). This route involves a longer trial.

Seizure and Liquidation of Assets Under Turkish Enforcement Law

After the enforcement proceedings become final, the landlord may apply to the Turkish enforcement office for seizure of the tenant’s assets. This is the most crucial stage for the actual unpaid rent collection in Turkey .

Types of Assets That Can Be Seized in Turkey

• Seizure of wages: Up to one-quarter of the tenant’s salary can be seized. If the tenant has multiple salaries or income sources, similar deductions apply.
• Bank accounts: The tenant’s bank deposits and financial accounts may be seized.
• Movable assets: Vehicles, valuables, or business assets may be seized by an enforcement officer.
• Immovable properties: Homes, land, or business premises may be subject to seizure in Turkey.
• Rights and Receivables: Any rights or debts owed to the tenant by third parties may also be seized.

After seizure, the assets are put up for auction by the Turkish enforcement office. The proceeds are first used to cover enforcement costs, with any remaining balance paid to the landlord.

Types of Assets Exempt from Seizure Under Turkish Law

To ensure humane living standards and the protection of the family’s essential needs, Turkish Law stipulates that certain assets cannot be seized. Exceptions are set out under Article 82 of the Enforcement and Bankruptcy Law and related legislation.

The main assets exempt from seizure include:

• The debtor and family’s indispensable personal items and daily use household goods.
• Household goods appropriate to the debtor’s standard of living (for example: sofa, bed, kitchen equipment).
• Tools and equipment required for the debtor’s profession (e.g. a doctor’s stethoscope, a lawyer’s computer, a taxi driver’s car), unless they are luxury or used outside their intended purpose.
• A sufficient amount of food and fuel for the debtor and their family for two months.
• A portion of the debtor’s wages: Only one-quarter of salary may be seized, with the remainder left for living expenses (subject to special exceptions for alimony claims).
• Farmers’ production equipment: Only to the extent required for subsistence.
• Government social assistance: Disability allowances, widow/orphan pensions, student grants, and similar state-provided income are exempt from seizure.

Important Note: These protections are governed by the principle of “proportionality.” Only those assets necessary for the debtor’s subsistence are protected; luxury goods are generally not covered. For example, if a home contains one basic refrigerator and one luxury refrigerator, only the luxury unit may be seized.

Enforcement Proceedings Against Guarantors (Sureties) for Rent Debts in Turkey

One of the most important ways for a landlord to secure their rights in rental agreements in Turkey is to require the tenant to provide a guarantor or surety. In practice, landlords frequently request a guarantor to ensure payment of the rent. If the tenant fails to pay, the landlord may then pursue the guarantor directly through Turkish enforcement proceedings for the unpaid rent collection in Turkey .

Formal Requirements for Guarantorship in Turkish Rental Agreements

Under the Turkish Code of Obligations, certain formalities are required for a guarantee to be valid:

• The guarantor must personally write the term “guarantor” and sign the rental contract in their own handwriting.
• The amount and scope of the guarantee must be explicitly stated in the agreement.
• If the guarantor is married, the written consent of their spouse is required; otherwise, the guarantee may be invalid.

Scope and Duration of Guarantor’s Liability in Turkey

The liability of the guarantor is generally limited to the period specified in the written rental contract.

• For example, if the rental contract is for one year, the guarantor is only responsible for rent debts arising during that year.
• If the lease is automatically (implicitly) renewed under the Turkish Code of Obligations, the guarantor’s liability does not continue unless contractually agreed. The landlord cannot pursue the guarantor for debts from extended periods unless it is expressly provided in writing.
• If the parties have explicitly agreed that the guarantee will cover extended lease periods as well, the guarantor’s liability can also extend to those periods.

Enforcement Proceedings Against the Guarantor in Turkey

If the tenant does not pay, the landlord may present the rental contract to the Turkish enforcement office and start proceedings against both the tenant and the guarantor for the unpaid rent collection in Turkey .

• Under Turkish Law, the guarantor is jointly and severally liable with the tenant, and the landlord may demand the full amount of the outstanding debt from the guarantor.
• The payment order will be served on both the tenant and the guarantor.
• The guarantor has the same right as the tenant to object to the debt, contract, or jurisdiction within 7 days.

Practical Issues to Consider in Turkey

• If the guarantee does not fulfill the formal requirements, the guarantor may be released from liability.
• Notarized rental contracts help prevent future disputes about validity.
• Landlords should be aware that the guarantor cannot be held liable for periods after the original contract term unless expressly agreed. Therefore, the duration and scope of the guarantee should always be clearly specified in the rental agreement.

In summary, the guarantor remains liable for the tenant’s debts only for the period stated in the contract. In the absence of clear provisions, their liability does not extend to renewed or extended lease periods. Thus, while a guarantor is a robust security for the landlord in Turkey, its scope and timeframe must be established with due care in the contract for the unpaid rent collection in Turkey .