“Merhaba Berk Çektir Bey, My husband and I own a two bedroom non-furnished apartment in Fethiye. In 2007 we set up a company to put this apartment into our company name. We only speak a little Turkish. We asked our estate agent (emlak) to find us a tenant. On June 22, 2009, our tenants signed a lease for one year and moved in to the apartment.“When the year was finished, we planned to move our furniture in and move in when the tenants moved out. I asked the emlak to telephone and ask what time on June 22, 2010 they would be moving out. No reply to mobile phone. I dropped in a note asking please can you telephone me or the emlak about moving out. She sent me a text message in broken English saying I would have to pay her expenses if she was to move out of her home! I rang the emlak and eventually he called and spoke with her. The man was not there. It seems he is no longer living there.
“The tenant said she had no work now and had money problems. She said she was going to stay another year! She only has a signed agreement for one year. That year is finished. She said she would pay the rent on July 22, 2010. No rent has been paid. She said to the emlak,” You can take me to court!” My emlak says we have to go to the notary to write a letter to her. Can you advise us what to do please? We are so upset about this that we now want to sell the apartment, as there is no income and no agreement for 2010/2011. She is there without permission. Her daughter is living there, too. We have flights booked to go back to Turkey on Saturday, Aug. 21. I checked the bank today and still no rent has been paid. I will check the bank again, but my emlak feels no rent will be paid. I attach the pages of the signed agreement. We anxiously await your reply.”
First ground for termination
The first ground for termination would have been the termination clause. However, this is now not applicable in a timely manner in your case.
I don’t like to give bad news to good people. However, the contract includes a renewal clause that says the contract will be renewed for one more year if one of the parties does not notify the other party of the termination of the contract one month prior the end of the contract term. In this case, you should have officially notified the tenant about the termination via public notary by May 21, 2010 (delivery date) at the latest in order to be able to have grounds for eviction.
You mentioned that you called her and asked her to leave the flat. This does not constitute compliance with the contract’s requirement. In other words, you have failed to notify the tenant and the contract is now renewed for another year.
If the tenant keeps paying the rent properly, you have to wait for another year and notify her of the termination of the contract at the latest by May 21, 2011 (date of delivery -- you should send the notification on May 10 to make sure that it is delivered on time).
Second ground for termination
You have mentioned that no rent has been paid. This is also ground for termination if the tenant is properly notified about the default (nonpayment). You should consult a lawyer to keep up with this process.
NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Send enquiries to b.cektir@todayszaman.com The names of the readers are disclosed only upon written approval of the sender.DISCLAIMER: The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this column.
