Precedent decision from the Supreme Court: Tenants who fail to pay ancillary expenses may be evicted
MUSA CAN ÇAYAN- Enforcement proceedings without a judgement, with a request for eviction, were initiated against a workplace tenant in Yalova on the grounds that he did not pay the rent and ancillary expenses for the period February-June 2022.
Following the payment order, the tenant paid the rent but failed to pay the electricity, water, and common expenses clearly stated in the contract. The First Instance Court ruled that these ancillary expenses could not be considered part of the rent debt and denied the eviction request. This decision was upheld by the Regional Court of Justice. Following the creditor's attorney's appeal, the case was referred to the 12th Civil Chamber of the Supreme Court of Appeals .
'SIDE EXPENSE IS ALSO RENT DEBT'
The 12th Civil Chamber of the Supreme Court of Appeals, citing Articles 314 and 315 of the Turkish Code of Obligations, ruled that the tenant is obliged to pay not only the rental fee but also the ancillary expenses expressly stated in the contract.
"If the tenant defaults on rent or any additional expenses, the legal consequences are the same. In this case, the default is considered to have occurred, and an eviction order is issued."
However, the local court did not comply with this decision. The case was then referred to the General Assembly of Civil Chambers of the Supreme Court of Appeals for a final decision.
DECISION BY MAJORITY OF VOTES FROM THE BOARD
The General Assembly of Law adopted the opinion of the Chamber in its decision dated July 2, 2025. The majority of the Assembly emphasized that non-payment of ancillary expenses included in the lease agreement would also be considered a reason for default.
The leased property is a roofed workplace, and the lease stipulates that electricity, water, and common expenses are the tenant's responsibility. Since the debtor did not object to the payment order, the ancillary expense debt has been finalized. According to Article 315 of the Turkish Code of Obligations, failure to pay an ancillary expense also constitutes default. Since payment has not been made within the thirty-day period, an eviction order should be issued.
The minority of board members argued that the Enforcement and Bankruptcy Law only covers the concept of "rent debt" and that "ancillary expenses" cannot be considered grounds for eviction. However, the majority voted that ancillary expenses should also be considered within the scope of rent debt. Consequently, the tenant was evicted.
EXEMPLARY
This Supreme Court decision has ushered in a new era in tenancy law. The "I've paid the rent, I'll deal with the incidentals later" mentality is no longer valid. If any item explicitly stated in the contract—electricity, water, common expenses, or maintenance—is not paid on time, the tenant will face eviction.
"IT IS CLEARLY STATED THAT THE TENANT IS RESPONSIBLE"
Attorney Dilek Yüksel commented on the matter as follows: "In a precedent case brought before the General Assembly of Law, the landlord initiated enforcement proceedings against the tenant to demand payment of rent and incidental expenses, and the tenant paid only the rent to the enforcement file but not the bills. The General Assembly of Law clarified the matter by issuing an appropriate decision in light of legal regulations."
For example, Article 314 of the Turkish Code of Obligations clearly states that the tenant is responsible for incidental expenses unless there is a contract or local custom to the contrary. Similarly, Article 315 of the Code of Obligations grants the landlord the right to terminate the contract if the tenant is not paid by the end of the written period for incidental expenses such as bills and dues . In light of these legal regulations and court decisions, and most recently , the Supreme Court of Appeals' General Assembly's decision numbered 2024/785 and 2025/426, we can clearly state that the tenant cannot claim, "I've already paid my rent, so if I don't pay the bills, the landlord can't evict me." Landlords have the right to demand payment of the bills from the tenant and evict the tenant who fails to pay, following formal rules. I would particularly like to draw attention to Article 314 of the Code of Obligations, which states, "Unless there is a contract to the contrary," that the drafting of a lease agreement is crucial for both landlords and tenants.
milliyet
