In the rapidly developing business world in Antalya, commercial leases and their potential disputes are inevitable. The success of a commercial business depends on a suitable and secure business lease agreement. However, for various reasons, the lease agreement may need to be terminated and the eviction process initiated. In this article, we will discuss in detail the path to be followed in the eviction cases in commercial lease agreements in Antalya, the legal processes and the points to be considered. As Attorney Billur Güler Aslım and her team, we are specialized in commercial lease cases in Antalya and are ready to offer you the most effective strategy.
Grounds for Eviction Case
There are a variety of reasons why a commercial lease may end in termination and eviction. The most common reasons include:
Non-Payment of Rent:
One of the most basic conditions of a lease is that the rent be paid on time. If the tenant does not pay the rent within the specified time periods, the landlord may file an eviction lawsuit. In this case, the landlord must send a notice and give the tenant time to make payment. If payment is not made despite the notice, an eviction lawsuit may be filed.
Breach of Contract Terms:
The lease agreement determines the parties’ mutual rights and obligations. If the tenant violates the terms set forth in the agreement (e.g., the purpose of using the business premises, permission to renovate, etc.), the landlord has the right to file an eviction lawsuit. Depending on the nature of the violation, the landlord may be required to send a notice.
Expiration of Lease Agreement:
If the lease is for a specific period of time, when the lease expires, the landlord may not renew the lease and may file an eviction lawsuit. However, in this case, the tenant must be notified in advance that the lease will not be renewed.
Change of Workplace Use:
If the workplace is used in a way that is contrary to the purpose of use specified in the lease agreement, the lessor may file an eviction lawsuit. For example, if a workplace rented as a restaurant is used as a warehouse, this is an example of this situation.
Eviction Case Process
A commercial lease eviction case in Antalya involves the following steps:
Pink slip:
Before an eviction lawsuit can be filed, a notice must usually be sent. The notice gives the tenant the violation and a period to fix it. If the violation is not fixed within this period, a lawsuit can be filed. The content of the notice and the method of service are very important from a legal perspective.
Filing a Lawsuit:
If the problem is not resolved despite the notice, the landlord files an eviction lawsuit in the Antalya Civil Court of First Instance. In the lawsuit, the lease agreement, notice and other evidence are presented along with the eviction request.
Litigation Process:
The trial process involves the court reviewing evidence, presenting arguments to the parties, and making a decision. This process can take several months, depending on the complexity of the case.
Court order:
After evaluating the evidence, the court decides to evict the tenant or dismiss the case. Once the court decision is final, the eviction proceedings begin.
Evacuation Procedures:
After the court decision becomes final, the landlord initiates eviction proceedings by applying to the enforcement office. The enforcement office evicts the tenant from the workplace with the help of the police.
Points to Consider
In commercial lease eviction cases, it is important to pay attention to the following points:
* Carefully review the contract: The lease agreement should clearly define all rights and obligations.
* Warning letters must be prepared and served in accordance with legal requirements.
* Collecting and preserving evidence: It is important to collect and safely store the evidence (lease agreement, payment documents, witness statements, etc.) to be used in the litigation process.
* Getting support from an expert lawyer: Commercial lease cases can be complex. Therefore, getting support from an expert lawyer is important to protect your rights.
In Antalya, eviction cases in commercial lease agreements are a very complex process. In this process, complying with legal procedures and determining the right strategy are very important to win the case. As Attorney Billur Güler Aslım and her team, we are ready to provide you with legal support in commercial lease cases in Antalya. With our experience and expertise, we are by your side to protect your rights and achieve the best result. You can contact us for detailed information.