Eviction of the Tenant Based on a Lease Termination Undertaking

Introduction

Lease agreements play a vital role not only in meeting housing needs but also in maintaining stability in commercial life. While the law provides tenants with broad protection, it also grants landlords certain guarantees. One of these guarantees is the possibility of evicting the tenant if they have signed a lease termination undertaking.

According to Article 352/1 of the Turkish Code of Obligations, if the tenant, after taking possession of the leased property, provides a written undertaking to vacate on a specific date and fails to do so, the landlord may, within one month, initiate eviction proceedings either through the courts or by enforcement proceedings.

Definition and Importance of the Lease Termination Undertaking

A lease termination undertaking is a written document in which the tenant commits to vacating the leased premises on a certain date. It provides the landlord with the legal ability to unilaterally terminate the tenancy. For this reason, it has become one of the most commonly used eviction mechanisms in rental law.

Conditions of Validity

Written Form

For validity, the undertaking must be in writing. While notarization is not mandatory, a notarized undertaking significantly reduces legal disputes and eases the burden of proof in court.

Specific Date

The document must include a clearly stated date of eviction. An undertaking without a date or with vague references to time is invalid.

After the Lease Agreement

The undertaking must be executed after the lease agreement has been signed and the property delivered to the tenant. Any undertaking obtained at the same time as the lease contract is deemed invalid.

Free Will

The tenant must sign the document voluntarily. Any undertaking signed under duress, coercion, or with defects of consent is legally unenforceable.

Signed by All Tenants

If there is more than one tenant, all must sign the undertaking. Otherwise, eviction cannot be based on such a document.

Effect of a New Lease Agreement

If the parties sign a new lease after a valid undertaking, the prior undertaking becomes void.

Enforcement of the Undertaking

One-Month Forfeiture Period

If the tenant does not vacate on the agreed date, the landlord must act within one month. Missing this deadline extinguishes the landlord’s right to rely on the undertaking.

Eviction Through Enforcement Proceedings

The landlord may apply to the enforcement office for eviction without filing a lawsuit. If the tenant does not object within 7 days and fails to vacate within 15 days, the enforcement office may proceed with eviction. In case of an objection, the landlord may file a lawsuit for annulment or removal of the objection depending on the circumstances.

Eviction Lawsuit

Instead of initiating enforcement proceedings, the landlord may directly file an eviction lawsuit before the Civil Court of Peace within one month from the agreed date of eviction.

Extension of the Lawsuit Deadline

If the landlord sends a formal notice ( ihtarname ) within one month after the due date of eviction, warning the tenant to vacate or face legal action, the right to file a lawsuit may be extended until the end of the following rental period. This method often gives landlords more time in practice.

Common Issues in Practice

Blank Undertakings

It is not uncommon for landlords to obtain undertakings signed in blank. If the tenant later claims that the date or content was filled in contrary to their agreement, they can only prove this allegation with written evidence.

Undated Undertakings

An undertaking without a date is invalid. However, undertakings containing a determinable date—such as “the first day of Eid al-Adha in 2030”—are considered valid since the date can be precisely established.

Mediation Requirement

For disputes arising from lease agreements, mediation is a mandatory precondition before filing a lawsuit. Therefore, before initiating eviction proceedings based on an undertaking in court, the landlord must apply to a mediator. However, this requirement does not apply to enforcement proceedings or lawsuits for annulment of objections.

Conclusion

The tenant’s lease termination undertaking, regulated under the Turkish Code of Obligations, provides landlords with significant legal protection. For validity, the undertaking must be in writing, contain a specific date, be executed after the lease agreement, and be signed voluntarily.

If the tenant fails to comply, the landlord may seek eviction through enforcement proceedings or file a lawsuit, provided the one-month statutory period is respected.

Therefore, when drafting such undertakings, both landlords and tenants should proceed carefully to ensure legal validity and to balance the rights and interests of both parties.