WHAT IS AN EVICTION COMMITMENT UNDER TURKISH LAW?

IS THE EVICTION UNDERTAKING IN TURKEY LEGAL?

The eviction undertaking in Turkey is a legally binding document that plays a significant role in the process of terminating a lease relationship. Pursuant to Article 352, paragraph 1 of the Turkish Code of Obligations, if the tenant has provided a written declaration stating that they will vacate the property on a specific date but fails to do so, the landlord may initiate enforcement proceedings or file a lawsuit within one month from that date to commence the eviction process in Turkey.

Additionally, Article 7/1-a of the now-repealed Law No. 6570 on Real Estate Leases contained a similar provision. According to this article, if the tenant, despite having provided a written notice of eviction through an eviction undertaking in Turkey, does not vacate the property, the landlord may apply to the enforcement office to request eviction or resort to legal action.

In this context, the eviction undertaking in Turkey constitutes a legal basis that provides landlords with security in planning the use of their property and serves as a preventive measure against potential disputes. However, for the document to be valid, it must be signed by the tenant of their own free will, have a specific date, and not be executed under any form of coercion. Otherwise, the validity of the eviction undertaking in Turkey may become subject to dispute before judicial authorities.

VALIDITY CONDITIONS OF THE EVACUATION LETTER IN TURKEY

The validity conditions of the evacuation letter in Turkey depend on the complete fulfillment of the requirements set forth in Article 352, paragraph 1 of the Turkish Code of Obligations No. 6098. If any of these conditions are not met, eviction based on the letter will not be legally enforceable. For the Evacuation Letter in Turkey to be legally binding, it must meet the following requirements:

1. The Evacuation Letter In Turkey Must Be In Writing

According to Article 352/1 of the Turkish Code of Obligations, the Evacuation Letter in Turkey must be in written form. This written requirement is one of the most fundamental conditions for its legal validity.

The Evacuation Letter in Turkey may be prepared in an ordinary written form and does not require approval by an official authority. However, evacuation letters prepared or certified before a notary public provide stronger evidence in case of a legal dispute. Therefore, to strengthen the legal foundation and increase mutual trust between the parties, it is recommended that the evacuation letter be notarized.

Additionally, certain essential details must be explicitly stated in the letter, including:

• The tenant’s full name
• The full address of the leased property
• The landlord’s full name
• The evacuation date
• The date of issuance

If any of these details are missing or ambiguously stated, the validity of the Evacuation Letter in Turkey may become legally questionable.

2. The Evacuation Letter in Turkey Must Be Issued by the Tenant or an Authorized Representative

The validity of the evacuation letter in Turkey heavily depends on who has issued it. Only the tenant or their authorized representative can execute this document.

An eviction commitment signed by persons residing in the same property or using the workplace without being the official tenant has no legal validity. For example, an employee working at a leased business or a family member living with the tenant in a rented residence cannot issue a binding evacuation letter in Turkey for the landlord.

If the lease agreement is signed by multiple tenants (e.g., in a joint tenancy situation), the evacuation letter in Turkey must also be signed by all tenants. Otherwise, the document will be deemed legally incomplete, and the eviction request may be rejected.

If one of the tenants has been granted notarized authorization, only the authorized tenant’s signature may suffice, provided that this authority is explicitly stated.

If the tenant is a legal entity in Turkey (such as a company or association), the Evacuation Letter in Turkey must be signed by the company’s authorized representatives or governing bodies. An tenant’s move-out commitment signed by an unauthorized person is legally invalid.

3. The Evacuation Date Must Be Clearly and Definitively Stated

For the Evacuation Letter to be valid, the specific date of eviction must be explicitly and definitively stated.

• If the evacuation date is left blank or is uncertain, the letter may be deemed legally invalid.
• The evacuation date is generally set before or after the lease agreement expires. However, it must be written clearly to prevent misinterpretation.
• Phrases such as “eviction will take place within the first month after the lease agreement ends” may render the letter invalid due to ambiguity. Instead, the exact day, month, and year must be explicitly written.

Example of a valid eviction date statement:
“The tenant agrees and undertakes to vacate the leased property on June 30, 2026, based on this Evacuation Letter.”

If the date is not explicitly stated, the landlord’s eviction request in Turkey may lack legal grounds and could be dismissed by the courts.

4. The Agreement of Eviction in Turkey Must Be Issued After the Property Has Been Delivered to the Tenant

For the agreement of eviction in Turkey to be legally valid, it must be issued after the tenant has taken possession of the leased property.

• If the letter is issued before the property is delivered to the tenant or simultaneously with the lease agreement, it will be considered legally invalid.
• According to Supreme Court precedents, an Evacuation Letter in Turkey obtained at the time of signing the lease agreement may be deemed null and void, as it could be seen as signed under duress.

Therefore, the issuance date of the agreement of eviction in Turkey must be explicitly stated, and it must be proven that the letter was signed after the tenant had taken possession of the property.

For example, if a lease agreement starts on January 1, 2025, an Evacuation Letter issued after this date (e.g., January 10, 2025) strengthens its legal validity.

HOW TO DRAFT AN EVACUATION LETTER IN TURKEY?

For an agreement of eviction in Turkey to be valid, the following elements must be explicitly and clearly stated in the document:

• Drafting the Document in Ordinary Written Form

Tenant’s Move-Out Commitment in Turkey must be prepared in an ordinary written form. Notary approval is not mandatory; however, notarizing the document provides ease of proof in case of disputes. Whether it is handwritten or prepared on a computer does not affect its validity, but the tenant must sign it in their own handwriting.

• Tenant’s Identification Information

The tenant’s full name must be accurately and completely written on the document. If there are multiple tenants, all tenants’ names and signatures must be included.

• Details of the Leased Property

The full address of the leased property must be stated in detail to avoid any confusion. Information such as the apartment name, unit number, neighborhood, city, and district must be provided without omission. Including the title deed details of the property can further prevent potential misunderstandings.

• Landlord’s Identification Information

The landlord’s full name and Turkish ID number must be explicitly mentioned. If the property belongs to multiple owners, the names of all landlords should be included.

• Evacuation Date

The eviction undertaking in Turkey must specify a definite evacuation date. Documents with vague or open-ended statements are not considered valid. Instead of ambiguous expressions such as “the property will be vacated at the end of the lease period,” the exact day, month, and year must be clearly written.

• Issuance Date

The document must indicate the date it was issued. It should not be prepared on the same date as the lease agreement; otherwise, it may be deemed legally invalid. The issuance date must be explicitly stated, and it must be after the tenant has taken possession of the property.

• Declaration by the Tenant or an Authorized Representative

The Evacuation Letter in Turkey must be issued only by the tenant or a legally authorized representative. If the tenant is a legal entity (such as a company or association), the document must be signed by an authorized representative. Declarations made by unauthorized persons are not legally valid.

• Signatures of All Tenants if There Are Multiple Tenants

If the lease agreement was signed by multiple tenants, the agreement of eviction in Turkey must include the signatures of all tenants. If only one tenant signs the document in a joint tenancy situation, the document may be considered incomplete, and the eviction request may be rejected.

When filling out an Evacuation Letter in Turkey, the elements mentioned above must be included without omission. An incomplete or incorrectly drafted document may prevent the eviction of the tenant in Turkey and lead to legal disputes. To avoid potential legal issues, landlords and tenants are advised to carefully draft their rental agreement termination document and seek legal advice in Turkey if necessary.

IS SIGNING THE TENANT’S MOVE-OUT COMMITMENT IN TURKEY AT THE SAME TIME AS THE LEASE AGREEMENT VALID?

The timing of the Tenant’s Move-Out Commitment in Turkey is crucial for its legal validity. According to the Turkish Code of Obligations (TCO) and Supreme Court precedents, the commitment must be signed after the tenant takes possession of the leased property to prevent an unfair situation against the tenant.

The legislator deems an eviction undertaking in Turkey signed at the same time as the lease agreement invalid to ensure that the tenant provides this commitment of their own free will.

At the time of signing the lease, the tenant is often in urgent need of housing or commercial space and may feel compelled to sign an eviction commitment under pressure to secure the lease. To protect the tenant’s freedom of will, the law requires that the agreement of eviction in Turkey must not be signed on the same date as the lease contract. This legal provision aims to safeguard tenants who are in a weaker bargaining position.

For the tenant’s move-out commitment in Turkey to be valid, it must be freely executed by the tenant after taking possession of the property. If it is signed simultaneously with the lease, its validity becomes questionable, increasing the risk of legal disputes. Therefore, both parties must adhere to these legal requirements to maintain the document’s enforceability.

CAN A TENANT BE FORCED TO SIGN AN EVACUATION LETTER BEFORE RENTING A HOUSE IN TURKEY ?

The agreement of eviction is not a document that the tenant is legally obligated to sign. The Turkish Code of Obligations (TCO) and judicial precedents emphasize that a tenant can not be coerced into signing such a commitment due to their necessity for housing or commercial premises.

Key legal principles regarding the tenant’s rights in Turkey:

• The tenant must sign the agreement of eviction in Turkey voluntarily and without coercion.
• No individual or institution has the legal right to force a tenant to sign this document.
• If the tenant does not wish to issue such a declaration after taking possession of the property, they are not obligated to do so.
• Any Evacuation Letter in Turkey obtained through pressure or coercion may lose its legal validity.

In summary, tenants cannot be forced to sign an eviction undertaking in Turkey, and such a requirement does not exist under the law. This document is only valid if the tenant freely signs it after taking possession of the property. If an evacuation letter in Turkey is signed before the tenant takes possession or under duress, it is legally invalid, and the tenant retains their full legal rights regarding their lease.

HOW LONG IS AN EVICTION COMMITMENT VALID IN TURKEY?

The legal validity and duration of an eviction commitment in Turkey are subject to specific rules designed to protect the rights of both the tenant and the landlord. Under the Turkish Code of Obligations (TCO) and related regulations, the validity of this document depends on the following conditions:

1. Right to Object Within One Year in Case of Defects in Consent

• If the tenant believes that the commitment was signed under duress, fraud, misrepresentation, or undue influence, they must challenge it within one year.
• According to precedents set by the Court of Cassation, objections based on defects in consent must be proven with written evidence within this one-year period.
• If the tenant fails to object within one year, the Eviction Undertaking becomes legally binding, and they lose the right to dispute its validity.

2. One-Month Period to Initiate Legal Proceedings If the Tenant Fails to Vacate

• The tenant is legally obligated to vacate the premises on the eviction date stated in the commitment.
• If the tenant does not move out by the agreed date, the landlord must initiate legal proceedings within one month.
• If the landlord fails to take legal action within this period, they lose the right to enforce the Tenant’s Move-Out Commitment, and the tenant cannot be evicted based on it later.

Both tenants and landlords should carefully monitor these legal deadlines and take timely action to protect their rights.

IS IT MANDATORY FOR THE EVICTION UNDERTAKING IN TURKEY TO BE SIGNED BEFORE A NOTARY?

The notarization of the eviction undertaking in Turkey is not mandatory. According to the Turkish Code of Obligations (TCO), for the letter to be valid, it only needs to be drafted in writing. However, notarization can serve as an additional measure to increase the legal reliability of the document.

Advantages of Notary Approval:

• Legal Strength and Ease of Proof: Evacuation Letters prepared or approved by a notary are considered stronger evidence in court because their content and signature cannot be disputed.
• Protection of the Declaration of Will: Notary approval ensures that the parties signed the document freely, without any pressure.
• Reduction of Objections to Validity: It makes it more difficult for the tenant to object to the Eviction Commitment in Turkey on the grounds of lack of consent.
• Eliminating Uncertainty About the Date: Notarization confirms the exact date of the document, preventing claims of retroactive changes in the case of disputes.
• Prevention of Signature Objections: Once the tenant has signed the eviction commitment in Turkey in front of a notary, they cannot later object to the signature. Since the signature is made in front of the notary, it is presumed to be valid.

WHAT ARE THE CONSEQUENCES OF SIGNING A BLANK EVICTION COMMITMENT IN TURKEY?

If a tenant signs a blank evacuation letter in Turkey, it can lead to serious legal consequences later. These types of documents are signed by the tenant without filling in the date and other details, allowing the landlord to add a date later and use it at their discretion.

1- Is a Blank Evacuation Letter Valid in Turkey?

The landlord has the right to add a date to the blank evacuation letter and initiate the eviction process in Turkey. In this context, legal actions such as starting enforcement proceedings or filing an eviction lawsuit are possible.

According to the Court of Cassation, a blank Evacuation Letter in Turkey signed and submitted by the tenant is considered a valid legal document. These letters are categorized as “blank signatures” and can be deemed valid even if filled in later.

The Court of Cassation clearly states in various rulings that the tenant is responsible for the legal consequences of a blank Evacuation Letter they signed and submitted. Therefore, the tenant must bear the legal consequences of the document and the landlord has the right to use it to initiate the eviction process in Turkey through legal means.

2- Under What Circumstances Can a Tenant Object To a Blank Evacuation Letter in Turkey?

If the tenant can prove with written evidence that they signed the agreement of eviction in Turkey under pressure or before the rental agreement was signed, or at the time it was signed, they can claim the invalidity of the letter.

According to the rule of evidence against documents, if the tenant claims that they signed the tenant’s move-out commitment in Turkey under pressure or before the rental agreement was made or at the same time, they must prove this with written evidence. Testimonies or verbal statements cannot prove the tenant’s claim of signing a blank Evacuation Letter in Turkey.

VALIDITY OF THE EVACUATION LETTER IN THE CASE OF THE SALE OF THE LEASED PROPERTY IN TURKEY

Under the Turkish Code of Obligations (TCO) and related judicial decisions, the transfer of ownership of the leased property does not affect the validity of the evacuation letter made between the tenant and the previous owner (landlord). The new owner, upon purchasing the property, becomes the successor to the lease agreement between the previous owner and the tenant.

In this context, if the property being rented is sold, the Tenant’s Move-Out Commitment remains valid for the new owner after the transfer of the property. The new owner gains the legal status of a successor to the previous landlord. In this case, the new owner can request the tenant’s eviction in Turkey based on the Evacuation Letter, which is still valid.

THE MEDIATION PROCESS FOR TENANT EVICTION IN TURKEY BASED ON THE EVACUATION LETTER

When a landlord wants to initiate a lawsuit for tenant eviction in Turkey based on the eviction undertaking, an important aspect to consider is the mandatory mediation process. According to Law No. 7445, effective as of September 1, 2023, mediation has become a prerequisite for eviction lawsuits filed by landlords against tenants. In other words, before the tenant can be evicted, the landlord must initiate the mediation process in Turkey. If this process is not carried out and the lawsuit is filed directly, the court will reject the case.

The mediation process aims to resolve disputes between the parties. If an agreement cannot be reached between the parties, a report is prepared at the end of the mediation process, which does not prevent the filing of a lawsuit. With this report, the landlord can proceed with tenant eviction in Turkey based on the evacuation letter.

The mediation process in Turkey can resolve disputes without the need for a lawsuit, providing a quicker and more cost-effective way to settle disagreements. Managing this process correctly is important, especially for the smooth termination of the relationship between the tenant and the landlord. Seeking the assistance of a specialized real estate attorney at the beginning of the process can be helpful to successfully navigate the mediation stage and gain an advantageous position in any potential lawsuit.

HOW TO EVICT A TENANT USING AN EVICTION UNDERTAKING IN TURKEY?

If the tenant does not vacate the property on the date specified in the Eviction Undertaking in Turkey, the landlord has two options: initiating enforcement proceedings based on the Eviction Undertaking or filing an eviction lawsuit based on the Evacuation Letter.

A) ENFORCEMENT PROCEEDINGS BASED ON THE EVICTION UNDERTAKING IN TURKEY

If the landlord wants to evict the tenant by initiating enforcement proceedings, they must start the process within one month from the agreed date. According to Article 272 of the Enforcement and Bankruptcy Law, the enforcement office will issue an eviction notice for the tenant to vacate the property within 15 days.

• Preparation of Enforcement Proceedings Based on the Eviction Undertaking in Turkey

The landlord prepares the enforcement file based on the eviction undertaking in Turkey and submits it to the relevant enforcement office. Once enforcement proceedings are initiated, an eviction notice is sent to the tenant. The tenant has the right to object to the eviction notice within seven days of receiving it. If the tenant objects to evition notice, the enforcement process will be suspended.

If the tenant does not object to eviction notice within the seven-day period, they must vacate the property within 15 days. After this period, if the tenant fails to comply, the property can be evicted through enforcement proceedings.

• Objection to the Evacuation Letter in Turkey

The evacuation letter in Turkey is a written document in which the tenant commits to vacating the property by a specific date. However, the tenant can object to the terms of this undertaking, which is their right. The tenant has two main avenues for objecting to the eviction commitment in Turkey.

First, the tenant can object to the content of the undertaking, requesting that the document be considered invalid due to non-compliance with legal requirements. Second, the tenant may object to the signature, questioning the validity of the document or specific parts of it. In both cases, the tenant’s objections will be reviewed in court, and the validity of the undertaking will be contested.

1- Objection to the Content of the Eviction Undertaking in Turkey

The tenant can object to the validity of the eviction undertaking in Turkey based on its content. The tenant may claim that the undertaking does not meet the legal requirements, such as not being signed by the tenant or their representative, being made simultaneously with the rental agreement, or lacking a specified evacuation date. Additionally, the tenant might argue that the conditions for eviction have not been met, and vacating the property is unnecessary.

If the tenant raises such an objection during the eviction lawsuit in Turkey, the judge will evaluate the objection. If the objection is deemed valid, the tenant eviction in Turkey based on the eviction undertaking cannot proceed. In this case, ensuring that the undertaking is legally valid is crucial. If an invalid undertaking is drafted, the tenant can block the process of tenant eviction in Turkey.

2- Objection to the Signature on the Eviction Undertaking in Turkey

The tenant has the right to object to the signature on the agreement of eviction in Turkey. The tenant may claim that the undertaking was signed without their consent, by an unauthorized person, or that the signature is not theirs. If the tenant can prove this claim with concrete evidence, the undertaking will be deemed legally invalid. However, it is important to note that in the case of an evacuation letter in Turkey signed in front of a notary, the tenant cannot object to the signature.

In cases where an objection to the signature on the undertaking arises, the landlord does not have the right to request the removal of the objection from the Enforcement Court. In such cases, the landlord must apply to the Civil Court of Peace to request eviction based on the agreement of eviction in Turkey.

B) EVICTION LAWSUIT BASED ON THE EVICTION COMMITMENT IN TURKEY

There are two different ways to file an eviction lawsuit based on the Eviction Commitment in Turkey:

• Filing an Eviction Lawsuit Directly at the Civil Court of Peace

According to Article 352 of the Turkish Code of Obligations (TBK), the landlord must file an eviction lawsuit within one month from the date specified in the commitment. This lawsuit can be filed at the Civil Court of Peace either in the jurisdiction where the property is located or in the jurisdiction of the defendant’s residence. If the lawsuit is not filed within this period, the landlord loses the right to request eviction.

• Eviction through Enforcement Proceedings Based on the Eviction Commitment in Turkey

The landlord can also initiate enforcement proceedings for tenant eviction in Turkey within one month based on the evacuation letter. If the tenant objects to the signature or content of the undertaking, two different paths can be followed depending on the nature of the objection:

1. Removing the Objection at the Enforcement Court: If the tenant objects to the content or validity of the undertaking, the landlord can apply to the Enforcement Court to request the removal of the objection.
2. Filing an Eviction Lawsuit at the Civil Court of Peace: If the tenant’s objection is related to the signature on the undertaking, the landlord must file an eviction lawsuit at the Civil Court of Peace.

In both methods, the one-month period should be observed, and the legal process should be conducted correctly. If the time limit is exceeded, the landlord loses the right to request tenant’s eviction in Turkey.

TIMEFRAMES TO BE FOLLOWED IN THE PROCESS OF TENANT EVICTION IN TURKEY BASED ON THE EVICTION COMMITMENT

HOW LONG DOES THE PROCESS OF TENANT EVICTION IN TURKEY BASED ON AN EVACUATION LETTER TAKE?

When the tenant’s eviction in Turkey based on an evacuation letter and there is a dispute between the tenant and the landlord, the landlord can resort to legal means to evict the tenant. The enforcement office grants the tenant 15 days to vacate the property after serving the eviction notice. If the tenant objects to the eviction notice, the objection must be resolved in court, which can delay the process. If the objection is rejected and the tenant still refuses to vacate the property, a forcible eviction order will be issued.

The process of tenant eviction in Turkey based on the evacuation letter typically takes between 6 months and 1 year. However, this timeframe can vary. For example, if the tenant objects to the signature, the file may be sent for signature verification, which may prolong the process. Additionally, if the documents required for the lawsuit are incomplete, the court may provide time for the completion of these documents, and the case may be postponed to the next hearing.

It is important to consult with a rental lawyer in Turkey for a correct and efficient process of tenant eviction in Turkey.

OBJECTION TO EVICTION BASED ON FAMILY RESIDENCE

If the rented property is used as a family residence, the non-tenant spouse can become a party to the lease agreement by notifying the landlord before the enforcement or lawsuit date. In this case, an objection based on family residence may invalidate the evacuation letter in Turkey. Specifically, if the non-tenant spouse in a divorce case is intentionally harmed by the undertaking, the eviction commitment in Turkey may be considered invalid due to the family residence status.

A family residence refers to the home where a person lives with their family; ownership is not a requirement. A rented property can also be considered a family residence. In such cases, the tenant spouse cannot terminate the lease agreement without the consent of the other spouse. Since the tenant’s move-out commitment in Turkey is a termination act, a commitment made without the consent of the other spouse is not valid. (Court of Cassation 12th Chamber, 2012/629 E, 2012/19408 K.)

The family residence status can be legally proven through a determination decision obtained from the family court. This decision enables the registration and annotation of the family residence status on the property deed (Court of Cassation General Assembly, 2005/12-676 E, 2005/600 K.). If the non-tenant spouse did not sign the evacuation letter in Turkey, the lack of their consent can be raised during the lawsuit. In this case, the burden of proving the consent lies with the landlord. To avoid this situation, the landlord should request the consent of both spouses, including the non-tenant spouse.

WHEN IS THE TENANT’S MOVE-OUT COMMITMENT INVALID?

An eviction commitment in Turkey can be canceled by mutual consent of the parties. The parties may agree to request rental agreement termination. Additionally, if the party signing the commitment is deceived, threatened, or coerced into signing, the commitment will be invalid.

According to Article 39 of the Turkish Code of Obligations (TCO), if a party has been deceived, threatened, or coerced, they will not be bound by the commitment. However, this situation must be reported to the other party within 1 year. The tenant must prove that they were deceived, threatened, or coerced. If the tenant fails to notify within the time frame, the eviction undertaking in Turkey will be considered valid, and the tenant can be evicted.

Furthermore, for the commitment to be valid, certain conditions must be met. The commitment must be in writing, include the date of preparation, and be signed by the tenant or their authorized representative. If any of these conditions are missing, the commitment will be considered invalid. Additionally, a commitment made before the property is handed over is also invalid. If there is any willful defect, such as being misled or deceived, the tenant must notify the other party within 1 year and provide proof.

CONSEQUENCES OF AN INVALID TENANT’S MOVE-OUT COMMITMENT IN TURKEY

If the commitment are not prepared in compliance with the legal requirements, the property owner loses the right to initiate enforcement proceedings or file an eviction lawsuit.

• Eviction lawsuits based on an incomplete or incorrectly prepared commitment may be rejected by the court.
• If a tenant is asked to vacate based on an invalid commitment, they can legally object by providing written evidence to support their defense.
• In this case, the landlord will need to initiate an eviction lawsuit based on other legal grounds, such as the expiration of the lease agreement or the tenant’s failure to pay rent.

Therefore, it is crucial for both property owners and tenants to comply with legal requirements when preparing the evacuation letter in Turkey and to carefully manage the process.

To ensure the legal validity of the Eviction Undertaking in Turkey, the following points must be observed:

• The signing date of the document must be after the date of the lease agreement.
• The tenant must sign the undertaking voluntarily after receiving possession of the property.
• The date of preparation and the evacuation date must be clearly stated.
• The tenant must be able to prove that they signed the commitment without any pressure.