What Should Be Done If a Foundation's Tenant Is Not Paying?

Real Estate and Assets

Prepared by: Constantinople

If a tenant is not paying, first establish the debt and contractual relationship correctly. Determine whether the property belongs to a new foundation, community foundation or another foundation category. Special procedures for property administered by the Directorate General of Foundations cannot be applied unchanged to every private-law foundation's lease. Sending a template eviction notice before understanding the foundation's legal status risks incorrect deadlines and demands.

Collect the lease and annexes, handover record, rent-increase arrangements, bank statements, formal notices and tenant correspondence. Unpaid periods, partial payments, deposits and ancillary expenses should be calculated separately. If the tenant is a company, its registered name and the signatory are important. The authority of the person commencing enforcement or settling for the foundation is also checked. An allegation that the tenant left is assessed alongside whether keys and possession were actually returned.

Mandatory pre-action mediation rules are considered in private-law tenancy disputes; the statutory exception for eviction through enforcement without judgment is assessed separately. Rent recovery and eviction do not depend on identical conditions, and timing of multiple remedies is planned for the file. Changing locks or removing belongings cannot replace legal proceedings.