Author: Att. Ahmet Bertuğ Dönmez Date: 17 July 20261 min read
A formal notice (ihtarname) is a written notification served through a notary, asking a person to perform an obligation or informing them of a situation. Since the law requires notification in a certain form in some cases, a formal notice is often the first step in exercising a right.
Why does it matter?
- Default: the debtor of a due debt falls into default upon the creditor's notice (TBK Art. 117). Default triggers liability for interest and damages.
- Lease: if the tenant does not pay the rent, the landlord may give a written deadline and state that the contract will be terminated if payment is not made; for residential and roofed commercial leases the period is at least thirty days (TBK Art. 315).
- Proof: a notice served through a notary is proven by official record of dispatch and service.
How is it served?
The text is prepared and submitted to any notary; the notary serves it on the addressee and records the service. The text should clearly state the parties' identities and addresses, what is requested, the deadline given and the steps to be taken if it expires.
The deadline and request in the notice must comply with the legal requirements; a notice with too short a deadline may not have the intended effect.
Sources
- Turkish Code of Obligations No. 6098, Arts. 117, 315
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