Eviction Undertaking (Tahliye Taahhütnamesi) in Turkey: Validity and Enforcement
An eviction undertaking (tahliye taahhütnamesi) is a written document in which a tenant undertakes to vacate the rented property on a specific date. It is one of the fastest eviction routes available to landlords in Turkey, but an undertaking that does not meet the legal requirements can be held invalid. The most common problem in practice is a tenant being asked to sign an undated undertaking together with the lease agreement.
This article by Yetkiner Law Firm explains the legal basis of the eviction undertaking in Turkey, its validity requirements, how eviction is carried out on the basis of an undertaking and how a tenant can object.
Legal Basis of the Eviction Undertaking
Under Article 352/1 of the Turkish Code of Obligations, if a tenant has undertaken in writing, after the property was handed over, to vacate the property on a specific date but fails to do so, the landlord may terminate the lease by applying to the enforcement office or filing a lawsuit within one month from that date.
This rule applies to residential and covered commercial leases. Eviction based on an undertaking does not require the landlord to prove any other ground for eviction, such as personal need or rent arrears.
Validity Requirements of an Eviction Undertaking
1. It Must Be in Writing
The undertaking must be made in writing. A verbal promise to leave does not allow the landlord to use the undertaking-based eviction procedure. The undertaking must be signed by the tenant.
2. It Must Be Given After the Property Is Handed Over
The law requires the undertaking to be given after the property has been handed over to the tenant. The purpose of this requirement is to prevent tenants from being pressured into signing an undertaking in order to rent the property. According to the case law of the Turkish Court of Cassation, undertakings signed on the same date as the lease agreement or before handover are deemed to have been signed under pressure and are considered invalid.
3. The Vacating Date Must Be Specific
The undertaking must clearly state the date on which the property will be vacated. Undertakings signed with the date left blank and later filled in by the landlord are the most frequent source of disputes. If the tenant proves that the date was filled in afterwards, the undertaking may lose its validity.
4. It Must Be Given Freely
The undertaking must reflect the tenant’s free will. Undertakings obtained through fraud, threat or pressure may be invalid due to defective consent.
How Is Eviction Carried Out Based on an Undertaking?
If the tenant does not vacate the property on the date undertaken, the landlord has two options:
- Eviction through the enforcement office (Enforcement and Bankruptcy Law, Article 272): Within one month from the date undertaken, the landlord may apply to the enforcement office and request that an eviction order be sent to the tenant. If the tenant does not object within seven days of service, the eviction can be carried out. Mediation is not mandatory for this enforcement procedure.
- Eviction through a lawsuit: Within the same one-month period, the landlord may file an eviction lawsuit before the civil court of peace. Before going to court, the mandatory mediation stage must be completed.
If the One-Month Period Is Missed
The one-month period is a strict time limit. If no enforcement application or lawsuit is made within this period, the lease generally continues and the landlord can no longer rely on that undertaking. Eviction can then only be sought on other legal grounds, such as personal need, rent arrears or two justified notices. It is therefore important to keep track of the undertaking date and not to miss the deadline.
How Can a Tenant Object to an Eviction Undertaking?
The tenant may object to the eviction order before the enforcement court within seven days. The most common grounds for objection are:
- The undertaking was signed on the same date as the lease agreement or before handover,
- The undertaking was signed with a blank date that was later filled in,
- The signature does not belong to the tenant,
- The undertaking was obtained through pressure or threat,
- The one-month application period was missed.
Where the signature is disputed, the enforcement court orders a signature examination. Other grounds may need to be proven with written evidence. For more on tenants’ rights in Turkey, see Tenant Rights in Turkey.
Frequently Asked Questions
Is an eviction undertaking signed together with the lease valid in Turkey?
According to the case law of the Court of Cassation, undertakings given on the same date as the lease agreement or before the property is handed over are deemed to have been signed under pressure and are considered invalid.
Does an eviction undertaking have to be notarised?
No. The law does not require notarisation; a simple written document is sufficient. However, a notarised undertaking makes it easier to prove the signature and the date in case of an objection.
Is mediation required for enforcement based on an eviction undertaking?
No. Mediation is not required for eviction proceedings through the enforcement office under Article 272 of the Enforcement and Bankruptcy Law. If the landlord chooses to file a lawsuit instead, mediation is a precondition.
What other grounds for eviction exist in Turkey?
Other grounds include the landlord’s personal need, the need of a new owner, unpaid rent and two justified notices. For eviction based on the landlord’s need, see Eviction for Landlord’s Need in Turkey.
Can foreign landlords or tenants rely on an eviction undertaking?
Yes. The same rules apply regardless of the nationality of the landlord or tenant, provided the lease concerns a residential or covered commercial property in Turkey. A foreign tenant who signs an undertaking in Turkish should make sure the content and date are understood before signing.
Conclusion
When drawn up in accordance with the law, an eviction undertaking gives the landlord a fast way to recover the property. However, undertakings signed before handover, together with the lease or with a blank date are often held invalid. Both landlords and tenants should pay attention to the circumstances in which the undertaking was signed and to the one-month deadline.
Yetkiner Law Firm provides legal support in İzmir in English, French and Turkish in enforcement proceedings and objections based on eviction undertakings. Information on annual rent increases is available in Rent Increase in Turkey. The firm can be reached through the channels on the contact page.
The information on this page has been prepared for general informational purposes and does not constitute legal advice. It is recommended to obtain legal support from a lawyer in specific cases.
