Can a Tenant Who Does Not Pay Dues Be Evicted?

A tenant's failure to pay dues creates problems for both the landlord and the apartment management. The question "the tenant is not paying the dues, can I evict them?" comes onto the agenda at this point. In this guide we explain the position of a tenant who does not pay dues, the landlord's rights and the eviction process under Article 315 of the Turkish Code of Obligations (TBK).

Is the tenant liable for dues?

In a lease relationship, dues are generally considered an "ancillary expense" and, according to the lease agreement, are usually paid by the tenant. The tenant is obliged to bear this regular expense arising while using the leased property. There is an important distinction here, however: routine operating expenses (dues) belong to the tenant, and major/structural expenses of an investment nature belong to the landlord.

Is failure to pay dues a ground for eviction?

Yes. Because dues are considered an "ancillary expense" within the meaning of TBK Art. 315, their non-payment is a ground for eviction due to default. Under the law, if the tenant does not pay a due rent or ancillary expense after the delivery of the leased property, the lessor can terminate the contract by following a certain procedure. According to the current approach of the Court of Cassation, even if the principal rent debt is paid, non-payment of a finalised dues debt alone may be sufficient for eviction.

Process: At least 30-day notice

Eviction of a tenant who does not pay dues is a graduated process. The law requires the lessor to give the tenant at least 30 days in writing and to notify them that the contract will be terminated if the debt is still not paid within this period (TBK Art. 315, in residential and roofed workplace leases). The landlord must therefore send a proper formal notice to the tenant, giving at least 30 days to pay the debt. If the debt is not paid in full during this period, the way to eviction is open.

Does partial payment remove the default?

No. The tenant's payment of part of the debt does not remove the default. The law requires the debt to be paid fully and completely at the end of the period. If partial payment is made and the rest is left, the default continues and the eviction process may proceed. The judge has no discretion on this issue; the rule is clear.

Does "two justified notices" apply here?

This is a frequently confused topic. Eviction based on "two justified notices" (TBK Art. 352/2) is a route specific to non-payment of rent; the term "ancillary expense" does not appear in that article. Therefore, notices sent only for a dues debt cannot be used in an eviction action based on the two justified notices procedure. The correct route for dues debt is the default provisions in TBK Art. 315.

Will the landlord end up paying?

An important fact: even if the tenant does not pay the dues, the primary person responsible to the apartment management is the unit owner (landlord). The management can turn both to the tenant and to the owner for unpaid dues (KMK Art. 22 — the tenant is also liable up to the amount of the rent). For this reason, the landlord may have to pay the management first when the tenant does not pay and then recover from the tenant and, if necessary, pursue eviction.

Summary

Dues are considered an ancillary expense in the lease relationship and are usually paid by the tenant. Their non-payment is a ground for eviction due to default under TBK Art. 315. The process runs with an at least 30-day written notice; partial payment does not remove the default. The two justified notices route does not apply to dues. The primary person responsible to the management is the landlord; if the tenant does not pay, the owner may pay and recover from the tenant.

Tracking dues debt separately for tenant and owner is complex. Apt Yönet tracks the tenant/owner debt status of each independent unit separately, providing the management with clear, documented collection control.

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Frequently Asked Questions

Can a tenant who does not pay dues be evicted?

Yes. As dues are considered an ancillary expense, their non-payment is a ground for eviction due to default under TBK Art. 315.

How much time must be given to the tenant?

In residential and roofed workplace leases, at least 30 days must be given in writing (TBK Art. 315).

Does eviction stop if the tenant pays part of the debt?

No. Partial payment does not remove the default; the debt must be paid fully and completely at the end of the period.

Is the landlord liable if the tenant does not pay?

The primary person responsible to the management is the landlord. The owner may pay, then recover from the tenant and, if necessary, pursue eviction.

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This content is for general information only and does not constitute legal advice. You are advised to consult a legal expert about your specific situation.