What is a Notice to Tenant?
A notice to tenant is an official warning sent by the landlord to tenants who violate the lease agreement or fail to fulfill certain obligations, in order to initiate legal proceedings. The notice is usually served in cases such as late rent payments, misuse of the property or eviction requests.
The cease and desist letter can be sent through a notary public, through a lawyer or via PTT with registered mail. Since it is an official written warning, it can be used as evidence in legal proceedings.
Under which circumstances is a notice sent to the tenant?
The main situations where a notice should be sent to the tenant are as follows:
- Non-payment of rent: If the tenant fails to make rent payments on the specified dates, a warning notice may be issued.
- Behaviors against the lease agreement: Situations such as the tenant’s misuse of the immovable property, disturbance to neighbors are grounds for warning.
- Damage to the immovable property: A notice may be sent if the tenant intentionally damages the immovable property or fails to fulfill the maintenance obligation.
- Eviction of the tenant: A notice is required if the lease expires or if the landlord demands eviction on certain legal grounds.
- Transfer by the tenant in violation of the contract: If the lessee has rented the immovable property to another person without permission, a warning notice may be served.
The Process of Serving a Notice to the Tenant
In order to send a notice to the tenant, it is necessary to follow the steps below:
Preparation of the Cease and Desist Letter:
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- The name, surname and address of the tenant must be added.
- The breach of the lease agreement must be clearly stated.
- What is demanded from the tenant (debt payment, eviction, etc.) must be clear and unambiguous.
- A legal deadline must be given (e.g. 30 days for rent arrears).
The notice is sent through a Notary Public:
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- The issuance of a cease and desist letter through a notary public is evidence for the legal process.
- A notarized notice constitutes conclusive evidence that the tenant has been notified.
Sending via PTT or Lawyer:
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- The notice may also be sent by registered mail.
- Issuing a cease and desist letter through a lawyer ensures that the legal process proceeds in a healthier way.
Giving Time to the Lessee and Follow-up:
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- When the period specified in the notice expires, it should be checked whether the tenant has fulfilled its obligation.
- If the rent arrears have not been paid or eviction has not taken place, the next stage of the legal process begins.
Legal Consequences of Sending a Notice to the Lessee
Sending a notice to the tenant may have the following legal consequences:
- Initiation of Legal Proceedings for Rent Debt: If the tenant does not pay the debt, enforcement proceedings can be initiated.
- Right to bring an eviction action: If the tenant does not vacate the property within the specified period, the landlord can apply to the court and file an eviction lawsuit.
- Termination of the Contract: If the tenant’s behavior contrary to the contract continues, the lease agreement may be terminated.
Example of a Notice to be sent to the Lessee
SAMPLE NOTARY NOTICE
SENDER OF CEASE AND DESIST LETTER [Landlord’s Name, Surname and Address]
CEASE AND DESIST LETTER FIELD: [Tenant’s Name, Surname and Address]
SUBJECT: [Notice for Rent Debt, Eviction or Breach of Contract]
Dear [Kiracının Adı],
[Adres] Regarding the real estate located at [Tarih] and allocated to your use in accordance with the lease agreement signed on , I hereby notify you of the following matters:
- [Kira borcunuzun [Tutar] TL and has not been paid as of [Son Ödeme Tarihi] ].
- [Kira sözleşmesine aykırı olarak taşınmazı izinsiz bir şekilde üçüncü kişilere devrettiğiniz belirlenmiştir.]
- [Apartman veya site kurallarına uymadığınız ve komşuların huzurunu bozduğunuz yönünde şikayetler alınmıştır.]
With this notice, you are given a period of [30 Days for Payment] or [Tahliye İçin 15 Gün]. Within the specified period [borcunuzu ödemeniz/tahliye etmeniz] is required. Otherwise, enforcement proceedings will be initiated against you and legal action will be taken.
This notice has been notified to you through a notary public and will be used as evidence in the legal process.
Yours sincerely,
[Ev Sahibinin Adı ve İmzası]
Things to Consider Before Serving a Notice to the Tenant
- Review the terms of the lease: Check that the terms set out in the lease are being followed.
- Create Written Evidence: Provide evidence in the legal process by sending written notices instead of verbal notices.
- Research Legal Procedures: Familiarize yourself with the legal procedures that need to be followed after the cease and desist letter.
- Get Professional Support: Seek advice from a lawyer for a healthier process.
Sending a notice to the tenant is one of the most important legal rights of landlords in cases such as non-payment of rent, eviction requests or breach of the lease agreement. The notice is sent through a notary public or by registered letter with return receipt and becomes legal evidence.
If the tenant does not fulfill its obligations despite the notice, enforcement proceedings may be initiated or an eviction lawsuit may be filed. In order for the legal process to proceed in a healthy manner, it will be useful to get the support of a lawyer.
