Third party residing in the property subject to evacuation

Today, as a result of the increase in disputes between the landlord and the tenant, the issue of evacuation of the real estate has gained a lot of importance. It should not be forgotten that the immovable will have to be evacuated as a result of the title deed cancellation and registration or the prevention of confiscation cases, even if it is initially thought of as an executive action to be followed as a result of the termination of the lease relationship between the parties. In other words, the evacuation of the immovable will be carried out as a result of the termination of the rental relationship in accordance with the articles regulated in the Turkish Code of Obligations and the Execution and Bankruptcy Law, in the Turkish Civil Code, in the cases of cancellation and registration of title deeds and the prevention of confiscation cases. Our thesis has been prepared in the focus of the evacuation of the immovable and the regulations in the Execution and Bankruptcy Law in terms of procedural law and enforcement and bankruptcy law. In this context, within the scope of our thesis, first of all, the concept of evacuation, the history of the evacuation concept, its legal consequences, what should be understood from the concept of the third person in the immovable during the evacuation, the reasons for evacuation, and then the eviction proceedings with and without a verdict in accordance with the enforcement bankruptcy law and the tenderer's responsibility in the sale of the immovable by tender. The legal regulations regarding the right to demand the evacuation of the immovable have been discussed. Finally, the study was completed by emphasizing the rights and debts of the owner of the immovable and the third parties who were evicted after the eviction. The thesis study has been prepared with the aim of making use of the directors and enforcement clerks in the Enforcement and Bankruptcy Offices of the Ministry of Justice, and the enforcement investigation judges, who will examine the objection review brought forward during the eviction. Keywords: Evjctjon, Concept of Evjctjon, Thjrd Party, Tender, Prosecutjon wjth and wjthout Judgment