The Eviction Process With A Written Eviction Agreement

A written eviction undertaking is a special legal mechanism whereby the tenant declares in writing to the landlord that they will vacate the leased property on a specific date after taking possession of it, thereby granting the landlord the right to unilaterally terminate the lease agreement.

The eviction undertaking is a unilateral declaration of intent independent of the lease agreement and grants the landlord the right to directly initiate enforcement proceedings or file a lawsuit.

CONDITIONS FOR THE VALIDITY OF THE UNDERTAKING

For a written eviction undertaking to produce legal effects, it must fully meet the following conditions in accordance with the law and Supreme Court precedents:

1. Written Form Requirement (Turkish Civil Code, Art. 352/1):

o The undertaking must be in writing; oral undertakings are legally invalid. o A simple written form is sufficient (notarization is not required). However, execution through a notary public facilitates proof in practice, as it precludes objections regarding the signature.

2. Dated After Delivery (Mandatory Element):

o The commitment letter must be signed on a date after the leased property has been delivered to the tenant. o Commitments dated the same day as the lease agreement or made before the agreement is executed are definitively deemed invalid by the Court of Cassation, as it is presumed that the tenant’s free will was under duress.

3. Inclusion of a Specific Vacancy Date:

o The text of the commitment must clearly specify the day, month, and year by which the property is to be vacated. Vague expressions such as “will be vacated at a later date” or “will be vacated as needed” render the commitment invalid.

4. Signature by Authorized Persons:

o If There Are Multiple Tenants: The written commitment must be signed by all tenants. Otherwise, the commitment with missing signatures is invalid. o Family Residence Status: If the property is a family residence, obtaining the explicit consent/signature of the other spouse—even if they are not a party to the contract—ensures legal certainty.

APPLICATION PERIOD AND STATUTE OF LIMITATIONS

o 1-Month Statute of Limitations: The landlord must initiate enforcement proceedings or file an eviction lawsuit no later than 1 month from the agreed-upon eviction date. Failure to Meet the Deadline: If the 1-month period is missed, eviction cannot be sought for that period based on the relevant eviction commitment.

o Extension of the Period (Reservation of the Right to Sue): If the landlord notifies the tenant in writing (by issuing a formal notice) within the 1-month period that they intend to file a lawsuit, the deadline for filing the lawsuit is extended until the end of that rental year (Turkish Civil Code, Art. 353).

CONCLUSION

Care should be taken to ensure that eviction commitment letters are drawn up at a date subsequent to the date the lease agreement was signed (for example, 2–3 weeks after the property is handed over).

To facilitate proof and expedite the litigation process, it is recommended that the eviction undertaking be executed through a notary public.

When the eviction date arrives, enforcement proceedings should be initiated or the mediation/litigation process should be pursued without missing the one-month statute of limitations.