EVICTION AGREEMENT

Article 352 of the Turkish Code of Obligations stipulates that a written eviction undertaking is required to be valid. Therefore, eviction undertakings not made in writing are invalid. A written undertaking must be signed. The tenant must sign the eviction undertaking voluntarily and without any coercion. If the tenant claims to have signed the undertaking under duress, the eviction undertaking may be deemed invalid. The date on which the leased property will be vacated must be clearly stated in the undertaking. Vague expressions may lead to invalidity. Furthermore, the date the eviction undertaking was signed must also be included in the text. The undertaking should be drawn up after and independently of the lease agreement. This is to prevent the tenant from being forced to sign the undertaking in exchange for signing the lease agreement. The tenant must be informed about the undertaking they have signed and its consequences. Incomplete or incorrect information will result in invalidity.

Knowing when the property will be vacated allows the landlord to make informed decisions about the future. Similarly, knowing the date the tenant will vacate the property allows them to act with awareness of this responsibility. If the property is not vacated despite the undertaking, the landlord has the right to directly initiate enforcement proceedings without having to file a lawsuit. This saves the landlord time and money. Furthermore, the landlord can easily adapt to market conditions after signing the undertaking.