Eviction Undertaking: The "Fastest" Eviction Ground in Rental Law?

An eviction undertaking is a document in which the tenant undertakes in writing to vacate the leased property on a specific date . In residential and commercial property leases, it allows the landlord to demand eviction based on this written undertaking . The relevant provision is Article 352/1 of the Turkish Code of Obligations: If the tenant undertakes in writing to vacate the leased property on a specific date after its delivery, the landlord is obliged to apply for enforcement or file a lawsuit within one month from that date

In practice, a false sense of security arises, such as "there's a commitment, eviction is certain." However, an eviction commitment form, timing, clarity of date, and freedom of will . Therefore, drafting the document "according to the file" is critically important for both landlords and tenants.

1) Legal Basis and Time Limit: Why is the 1-Month Clause in Article 352/1 of the Turkish Code of Obligations Crucial?

The one-month period stipulated in Article 352/1 of the Turkish Code of Obligations is often considered a forfeiture period in practice : If enforcement proceedings or legal action are not initiated within one month from the eviction date stated in the undertaking, the possibility of requesting eviction based on the same undertaking may be lost.

The second important point here is Article 353 of the Turkish Code of Obligations (TBK). In practice, in some cases, discussions about "prolongation of the lawsuit period" may arise due to previously issued warnings or filed lawsuits; there are assessments/decisions indicating that TBK 353 is a general regulation regarding grounds for eviction and can also be considered in relation to Article 352/1.

Practical advice: Mark the eviction date stated in the commitment as a "red day" on your calendar; plan the enforcement/legal action within a maximum of one month , not the next day

2) Validity Requirements: What Makes a "Valid Commitment"?

A) Written form requirement

The eviction undertaking in writing ; Article 352/1 of the Turkish Code of Obligations cannot be invoked with an oral undertaking. The written form is considered a condition for validity; notarization is not required, but it makes a difference in terms of proof/objection management.

B) It must be arranged after the leased property has been delivered

In practice, this is the most common reason for cancellation: The fact that the eviction undertaking on the same date as the lease agreement or before the tenant has actually taken possession of the leased property broadens the debate on "free will." While there are examples in the Supreme Court's rulings where eviction undertakings issued on the same date as the contract are deemed invalid, different interpretations may also be seen for renewed lease periods.

Rule of thumb: The commitment should ideally be drawn up after the tenant receives the keys, and on a separate date if possible.

C) The evacuation date must be clear and specific

The date specified in the commitment, "I will vacate the premises on this date," clear . If the eviction date is not specified, it cannot be considered a valid commitment within the meaning of Article 352 of the Turkish Code of Obligations; the "clarity of the date" is also critical in the enforcement phase, as reflected in the decisions of the 12th Civil Chamber of the Supreme Court of Appeals.

D) Freedom of signature and will

The undertaking must be signed by the tenant; allegations of coercion/deception/misleading actions will alter the course of the case. In practice, tenants frequently offer defenses such as "I signed a blank paper" or "the date was filled in later." The Supreme Court's rulings also include assessments that completing certain fields in the document later does not necessarily render it invalid; however, this area is highly sensitive to concrete evidence.

3) Is a Notary Required? (No) But What are the Advantages?

It is not mandatory for a lease termination agreement to be notarized or for the signatures to be notarized. However, if the tenant the signature/date , the nature of the document will affect the speed of the process. In cases where objections such as denial of signature arise in unnotarized/uncertified termination agreements, the landlord's options for "removing the objection" in enforcement law may be limited, and a more extensive litigation may be required.

On the other hand, the idea that "a notarized document is like a judgment, I can evict them through enforcement proceedings based on that judgment" is also incorrect; in discussions about whether a notarized undertaking can be considered a document with the nature of a judgment, the general consensus is that it cannot be automatically subjected to enforcement proceedings based on that judgment.

Summary: Notarization is not mandatory; however, it provides significant "proof insurance" in cases where there is a risk of signature/date disputes.

4) Eviction by Undertaking to Evict: Lawsuit or Enforcement Proceedings?

Article 352/1 of the Turkish Code of Obligations gives the landlord two options: eviction proceedings or eviction through enforcement actions.

A) Enforcement procedure (Articles 272 and subsequent articles of the Enforcement and Bankruptcy Law)

If the tenant has undertaken in writing to vacate the premises on a specific date, an eviction proceeding based on can be initiated within one month of that date. The tenant may object to the eviction order within seven days; the objection will suspend the proceeding.

The advantage of the enforcement process is speed; the disadvantage is that when an objection is raised, the process evolves into "removal of objection/eviction" stages, and disputes regarding document validity and signature objections escalate.

B) Eviction case (Practice of the Civil Court of Peace)

The landlord can request eviction by filing a lawsuit within one month of the commitment date. This method may be more "reliable" in cases with objections and evidence; however, the process may take longer due to the workload of the courts.

Which path should be chosen?

• If the document is "very clean" and the likelihood of an objection is low, enforcement proceedings may be practical.

• If a dispute over signature/date/intent is expected: litigation may offer a more secure framework.

  5) Most Common Reasons for Invalidity/Errors in Practice

  1. The evacuation date is written vaguely (no month/day, ambiguous expression)

  2. the commitment simultaneously with the lease agreement or before delivery (discussion of free will)

  3. The commitment being signed not by the tenant, but by someone other than the actual occupant (representation/power of attorney issues)

  4. Using a photocopy instead of the original document (difficulty proving proof)

  5. Missing the one-month deadline

  6) The "Family Home" Issue: The Spousal Consent Debate

  If the rented property is a family home, spousal consent may be required for termination of the lease agreement or actions resulting in similar consequences. Academic studies in legal doctrine suggest that eviction undertakings, due to their effect of termination, can also be considered within the framework of a family home; and that the claim of "family home" may gain importance in enforcement proceedings based on such undertakings.

  Implementation effect: The claim of family home can strengthen the “free will/protection” aspect of the commitment; this should be managed from the outset in the case file.

  7) "Solid Commitment" Checklist for Landlords

  • The commitment on a separate date and, if possible, after delivery.

  • Evacuation date (day/month/year net)

  • Tenant name – Turkish Republic ID/passport – address correct

  • The address of the rented property and a reference to the lease agreement are available

  • Tenant's signature is clear; supported by a copy of signature specimen/ID if possible

  • The original document is being preserved

  • Enforcement/legal action is planned within 1 month of the eviction date.

    8) Tenant's Defense Perspective: Which Objections Will Be Successful?

    For the tenant, the defense of "I signed it, but..." is not sufficient on its own; the objection by concrete evidence . The prominent defense arguments in practice are:

    • The undertaking was received on the same date as the contract/signed before delivery (claim of defect of consent – ​​invalidity)

    • Uncertainty about the evacuation date

    • Denial of signature or allegations of later additions to documents (the evidentiary regime varies depending on the case)

    • The family home and spousal consent debate

    Conclusion

    An eviction undertaking, when properly drafted, is one of the most effective eviction tools in residential and commercial property leases ; however, an error in the three elements of "clarity of the date," "arrangement after delivery," and "1-month period" can render the undertaking ineffective. The possibility granted by Article 352/1 of the Turkish Code of Obligations is conditional upon initiating enforcement proceedings (Article 272 of the Enforcement and Bankruptcy Law) or litigation within one month