Enforcement & bankruptcy · Legal information

An Eviction Order Arrived. What Does the Tenant Do?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

The question of what the tenant does when an eviction order arrives is answered by separating the vacation paper from a rent payment order. The period and the day of leaving are written on the order that was served. An objection to the money debt does not stop the eviction in every file. If the eviction day is not on the order, it is not added. The objection does not postpone the day of leaving by itself. A number of days is not spoken without the original of the order.

The name of the paper that arrived

The heading inside the envelope is read. If it says payment order, what is asked is the rent. If it says eviction order, what is asked is vacation. Money and eviction may have been asked together in the same file. If both exist, two periods run separately. An answer to one does not meet the other by itself. In eviction under a judgment, an enforcement order goes to the debtor. A petition of objection without a judgment is not pasted onto that order.

The tenant separates from the heading whether the paper in hand asks eviction or money. The door of objection is not chosen before the heading is read. The contract may show the ground of the debt. The contract does not change the name of the order. The service annotation shows from which day the period runs. If there is no annotation, the day is not built with a delivery that is remembered. An invoice or a receipt should write which month was paid. A receipt that does not write it does not drop the eviction order.

The objection is within the period of the order

In eviction without a judgment, the objection goes to the enforcement court. The period is read from service of the order and from the order's own text. An order based on an undertaking to vacate and an order issued because the rent was not paid do not have to carry the same number of days. The eviction day is read from whatever is written on the order. If there is no day in the file or on the order, this text does not add a day. The tenant also writes, in the objection, the date of the undertaking, the signature, and the vacation record.

A sentence of "I paid the rent" does not stand in for the objection to the signature and the date of an order based on an undertaking. On an order of default, if the payment was made within the period and the conditions the order recognises, the eviction may stop. A payment made after the period has passed does not take the eviction back in every file. The receipt is read side by side with the period of the order. An objection left at the enforcement office may not be treated as "I objected" before it receives a court merits number. If the service is irregular, the date of learning is shown separately. A date that is not shown does not shift the period by itself.

The day of leaving, and the goods

The order writes when the immovable will be vacated. The objection period and the leaving period may not be the same figure. The objection does not postpone the day of leaving by itself. A postponement happens by a court decision or by a record the office entered. A message of "I objected" that has no record does not stop the day of leaving. During the eviction, the goods are delivered by a record.

A claim of "my goods went" is not proved before a record is kept. Delivery of the key does not show that the rent debt closed. The debt is a separate door. The petition cannot build a day of leaving that is not written on the order as if it existed. The decision is not announced while the order and the service do not stand. The application should write openly which paper it is made against.

How the order is read

The eviction order, the service annotation, and the underlying contract are read together. An Ankara lawyer separates, from the eviction order, that the office being in Çankaya does not change the competent authority. If the eviction day is not on the order, it is not added to this text.

A day is not built while the order does not stand

The tenant asks whether the heading is eviction or money, the date of service, and the leaving record the order writes. If these three lines are absent, the day does not run by a guess. Depositing money does not drop every eviction order. On an order based on an undertaking, the objection to the signature and the date stands apart from the sentence of payment. In a file under a judgment, the document that arrived may be an enforcement order. A petition without a judgment is not pasted onto that order. The pasted paper is not treated as having changed the authority.

A payment order arrived, a rent claim, an enforcement order arrived, an eviction judgment, and an undertaking to vacate stand under separate headings. These five headings do not stand in for the eviction order in the tenant's hand. If the eviction day is not written on the order, it is not added. The competent authority is read not from the office's district, but from the office and the court the order was sent to. The record of the goods does not show that the debt closed.

If two periods are running together in the same file, one answer does not close the other. An assumption that closes it does not have the day of leaving treated as postponed by itself. If the receipt does not write which month it belongs to, the eviction is not accepted as having stopped. If the vacation sentence in the contract differs from the text of the order, the two are kept. One does not silently erase the other. The decision is not announced as a day while the original of the order does not stand. A day from memory produces the wrong authority, and it is not written into this text.

Conclusion

An eviction order is not a copy of a rent payment order. The period and the day of leaving are on the order. If the eviction day is not on the order, it is not added. An objection to the money does not drop the eviction in every file. The frame stands on the enforcement and bankruptcy law page. The basis is the eviction provisions of the Enforcement and Bankruptcy Code No. 2004. A number of days is not spoken without the original of the order.

Legislation

Frequently asked questions

Are an eviction order and a rent payment order the same?

No. A payment order for the rent money asks the unpaid amount. An eviction order asks the tenant to vacate the immovable. In both, the period is read from the entry on the paper that arrived. Depositing money does not drop every eviction order by itself.

Where is the objection made?

On an eviction order without a judgment, the objection is made to the enforcement court within the period the order writes. A petition left at the enforcement office may not stand in for a court record. In eviction under a judgment, the document that goes is, in most files, an enforcement order. A petition of objection without a judgment is not pasted onto that order.

If the period is not written on the order, how many days are assumed?

They are not assumed. An undertaking to vacate, default, and eviction under a judgment carry different periods. The period is read from the text of the order that was served and from the underlying document. A day from memory produces the wrong authority.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Enforcement & bankruptcy

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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