Eviction by Execution (Sample 13 Payment Order): 30-Day Rule

The “Sample 13” Weapon

When a tenant stops paying rent, landlords often think they need a lawsuit that takes years. Wrong. The Turkish law offers a specialized, fast-track weapon: Proceedings for Eviction of Leased Immovables (Sample No. 13).

It is initiated directly through the Execution Office (İcra Dairesi), not a court.

The Critical Timeline

The Sample 13 Payment Order gives the tenant two distinct deadlines:

1. 7 Days to Object: The tenant must state if they don’t owe the money or if the contract is fake.
2. 30 Days to Pay: The tenant is given a “cure period” of 30 days.

Scenarios

Scenario A: Tenant Pays Within 30 Days

• Result: The execution stops. You cannot evict them.
• Silver Lining: This counts as a “Justified Warning” (Haklı İhtar). If this happens twice in one rental year, you can file an eviction lawsuit at the end of the year anyway.

Scenario B: Tenant Does Neither (Silence)

• If 30 days pass without payment AND without objection:
• Result: The lease contract is legally deemed TERMINATED.
• Action: You apply to the Enforcement Court for a formal “Eviction Decision” (takes 1 hearing) and the officer comes to remove the tenant.

Scenario C: Tenant Objects (“I Paid”)

• The proceeding stops.
• You must file a lawsuit to “Lift the Objection.”
• If the tenant cannot prove payment with bank receipts, they are evicted AND fined 20% denial compensation.

Partial Payment Trap

If the tenant pays some of the rent within 30 days but leaves even 1 TL unpaid:

• The default is complete.
• You can still proceed with eviction for the remaining balance.

Service Issues

The 30-day clock starts ticking when the notification is officially served (Tebligat). If the tenant refuses to accept it, or is not home, the notification is deemed served under Article 21/Procedure Law.

Legal Support: We prepare flawless Sample 13 applications and calculate authorized interest to ensure the tenant has no loophole to object. Contact us.

Professional Legal Support

Contact us for professional legal assistance on this matter.

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⚖️ Attorney Fevzi Yaşkir - Licensed attorney at Konya Bar Association providing legal consultation and case management services for international clients.