Eviction Undertaking in Turkish Law

Introduction

Lease agreements define the legal relationship between a tenant and a landlord, outlining the rights and responsibilities of both parties. However, in order to prevent future disputes or to secure possession of the property, landlords often request a written document known as an eviction undertaking ("tahliye taahhütnamesi") from the tenant.

In this article, we will explain the legal nature of eviction undertakings in Turkish law, under which conditions they are valid or invalid, their advantages and disadvantages for both parties, and how Özocak & Altun Law Office provides legal assistance in this area.

What Is an Eviction Undertaking?

An eviction undertaking is a written declaration by which the tenant agrees to vacate the rented property on a specific future date. It is regulated under Article 352 of the Turkish Code of Obligations.

If the tenant fails to leave the property on the agreed date, the landlord may apply to the civil (peace) court for an eviction order through a non-litigious legal procedure (summary eviction).

Legal Requirements for Validity

To be considered legally valid, an eviction undertaking must meet the following conditions:

1. It must be in written form.

2. It must be signed personally by the tenant, or officially through a notary.

3. It must be dated after the original lease agreement.

   An undertaking signed on the same day as the lease is invalid.

4. It must specify a clear and definite date of eviction.

Advantages and Disadvantages

For Landlords

Advantages:

• Legal assurance of regaining possession of the property on a specific date.

• Quick and less costly eviction process through the court.

• Possibility to proceed with enforcement through bailiffs if the tenant resists.

Disadvantages:

• Risk of invalidation if the undertaking fails to meet formal requirements.

• Tenants may challenge it in court, claiming lack of consent or duress.

For Tenants

Advantages:

• Allows the tenant to plan relocation in advance.

• Avoids litigation if parties act in good faith.

Disadvantages:

• Tenant is legally bound to vacate the property on the stated date.

• Even without further breach, the landlord may initiate eviction if the undertaking is valid.

When Is It Invalid?

An eviction undertaking will be deemed invalid if:

• It is signed on the same date as the lease contract.

• It was not voluntarily signed by the tenant.

• The date of eviction is vague or missing.

• Someone other than the tenant signed the document.

• It is conditional or indefinite, such as “I will vacate if the house is sold”.

How Özocak & Altun Law Office Can Assist

At Özocak & Altun Law Office, our experienced attorneys offer professional legal services to both landlords and tenants in the field of rental law, including:

• Drafting legally valid eviction undertakings,

• Examining the enforceability of existing documents,

• Filing non-litigious eviction procedures based on a valid undertaking,

• Representing tenants in defending against unlawful eviction attempts,

• Conducting negotiations or court processes for dispute resolution.

We provide fast, reliable, and results-oriented legal solutions, especially in the Alanya region, with nationwide legal support when necessary.

Conclusion

When drafted correctly, an eviction undertaking is a powerful tool for preventing future disputes. However, when improperly executed, it can lead to complex legal battles. For both landlords and tenants, it is crucial to consult a legal expert before signing or relying on such a document.

For legal advice or assistance regarding lease agreements and eviction matters, feel free to contact Özocak & Altun Law Office.