Üsküdar Rental Lawyer - Tenant Eviction Based on a Written Eviction Undertaking

Üsküdar Rental Lawyer - Tenant Eviction Based on a Written Eviction Undertaking In residential and roofed workplace leases, eviction of the tenant is subject to specific conditions under the Turkish Code of Obligations. One of these grounds for eviction arises where the tenant, after delivery of the leased property, undertakes in writing to vacate the property on a specific date but fails to do so on the agreed date. In practice, this document is referred to as a written eviction undertaking or eviction commitment. In an eviction based on a written eviction undertaking, it is highly important that the document is in writing, is given after delivery of the leased property, specifies a certain eviction date and that legal action is taken within the statutory periods. Matters such as the date of execution of the undertaking, the eviction date, whether the signature belongs to the tenant and, in agreements involving multiple tenants, who provided the undertaking may directly affect the outcome of the dispute. Therefore, in assessments made within the scope of an Üsküdar rental lawyer, Istanbul rental lawyer, eviction undertaking lawyer, tenant eviction lawyer, eviction action or enforcement proceedings based on an eviction undertaking, not only the existence of the document but also whether it satisfies the validity requirements of the Turkish Code of Obligations and whether the proceedings were conducted within the statutory periods must be examined together. What Is a Written Eviction Undertaking? A written eviction undertaking is a document by which the tenant, after delivery of the leased property, undertakes in writing to vacate the property on a specific date. Under Article 352 of the Turkish Code of Obligations, where the tenant has undertaken in writing, after delivery of the leased property, to vacate it on a certain date but has failed to do so, the landlord may terminate the lease agreement through the methods prescribed by law. This provision constitutes one of the statutory grounds upon which a landlord may evict a tenant, particularly in residential and roofed workplace leases. What Conditions Are Required for a Written Eviction Undertaking to Be Valid? For a tenant to be evicted on the basis of a written eviction undertaking, the document must satisfy the statutory requirements. The principal conditions include: the undertaking must be in writing, it must be given by the tenant, it must be executed after delivery of the leased property, the tenant must undertake to vacate the property on a specific date, the eviction date must be determinable. Depending on the circumstances, the signature, authority of representation, existence of multiple tenants and the conditions under which the document was executed may also be relevant. Must the Eviction Undertaking Be in Writing? Yes. Under Article 352 of the Turkish Code of Obligations, the eviction undertaking must be in writing. A tenant's oral statement that “I will leave on this date” does not by itself constitute the written eviction undertaking regulated under Article 352. Therefore, written form is one of the fundamental requirements for using the special eviction procedure based on an eviction undertaking. When Should the Eviction Undertaking Be Signed? One of the most important issues concerning the validity of an eviction undertaking is when the document was given. The law expressly requires the undertaking to be given after delivery of the leased property. The purpose underlying this provision is to prevent tenants from being forced to give an eviction undertaking while entering into the lease relationship or before they have taken delivery of the property. Accordingly, the date on which the eviction undertaking was executed is one of the fundamental matters examined in disputes. Is an Eviction Undertaking Signed on the Same Day as the Lease Agreement Valid? For an eviction undertaking to be valid, the Turkish Code of Obligations requires it to be given after delivery of the leased property. Therefore, the date on which the lease agreement was entered into, the date on which the property was actually delivered and the date on which the eviction undertaking was given must be assessed together. Where the same date appears on the lease agreement and the eviction undertaking, the date on which the leased property was delivered and whether the undertaking was genuinely given after delivery may become disputed. Accordingly, no automatic conclusion should be drawn for every case solely because the documents bear the same date; the delivery and undertaking dates must be assessed together with the evidence in the file. Is an Eviction Undertaking Given Before Delivery of the Leased Property Valid? Article 352 of the Turkish Code of Obligations requires the eviction undertaking to be given after delivery of the leased property. Therefore, an eviction undertaking given before the leased property has been delivered to the tenant does not satisfy the requirement under Article 352. This is one of the fundamental conditions regarding the validity of an eviction undertaking. Must the Eviction Date Be Specific? Yes. The date on which the tenant undertakes to vacate the property must be certain or determinable in the eviction undertaking. This is because the period granted to the landlord under Article 352 for commencing proceedings or filing an action runs from the promised eviction date. Determination of the eviction date is therefore important not only for the contents of the document but also for identifying the period within which the landlord must pursue legal remedies. Why Is the Execution Date of the Eviction Undertaking Important? The execution date is important for assessing whether the undertaking was given after delivery of the leased property. The eviction date, on the other hand, indicates the date on which the tenant undertakes to vacate the property. These two dates have different legal functions. Particularly in disputes concerning whether the undertaking was obtained when the lease agreement was entered into or after delivery of the property, the execution date may become an important evidentiary issue. Must the Eviction Undertaking Be Executed Before a Notary? Article 352 of the Turkish Code of Obligations requires the eviction undertaking to be in writing but does not impose a general requirement that it must be executed before a notary. Accordingly, a privately executed written eviction undertaking may also be legally assessed where it satisfies the other conditions. However, different consequences may arise between documents executed or signatures certified before a notary and privately executed documents, particularly regarding proof and disputes over signatures. Who Should Sign the Eviction Undertaking? The eviction undertaking must be given by the tenant. Where more than one person is named as tenant in the lease agreement, whether the eviction undertaking produces consequences for all parties to the lease must be separately assessed. Where another person provides an eviction undertaking on behalf of the tenant, the issue of representation and authority becomes important. Therefore, the relationship between the person signing the undertaking and the tenant or tenants named in the lease agreement must be examined. Who Must Give the Eviction Undertaking Where There Are Multiple Tenants? The existence of multiple tenants in a lease agreement may make a dispute based on an eviction undertaking more complex. Where the undertaking is signed by only one of the tenants, whether the document produces consequences for the other tenants and the proper party structure of the eviction request must be assessed according to the particular agreement and document. Therefore, in lease relationships involving multiple tenants, merely examining whether a signature exists is not sufficient. The parties to the lease agreement, signatures on the undertaking and any representation relationships must be considered together. Can an Agent Sign an Eviction Undertaking? Where an eviction undertaking is given through an agent or representative, the scope of the representative's authority is important. The fact that a person is authorised to conduct certain transactions on behalf of the tenant does not necessarily mean that the person is also authorised to give an eviction undertaking. The scope of the power of attorney or representation relationship must therefore be examined in the particular case. Must the Tenant Necessarily Leave After Signing an Eviction Undertaking? Under a valid eviction undertaking, the tenant undertakes to vacate the property on the specified date. However, where the tenant does not vacate on that date, the landlord cannot personally remove the tenant or use force. The landlord must pursue the legal remedies prescribed by law. Article 352 of the Turkish Code of Obligations allows the landlord to terminate the lease agreement by commencing enforcement proceedings or filing an action within one month from the promised eviction date. What Is the Time Limit for Eviction Based on an Eviction Undertaking? Time is extremely important in an eviction based on an eviction undertaking. Under Article 352 of the Turkish Code of Obligations, where the tenant fails to vacate on the promised date, the landlord may terminate the lease agreement by commencing enforcement proceedings or filing an action within one month from that date. Accordingly, the existence of an eviction undertaking does not grant the landlord an unlimited right to seek eviction. The statutory one-month period must be observed. When Does the One-Month Period Begin? The one-month period begins from the eviction date stated in the written eviction undertaking. For example, where the tenant has undertaken to vacate the property on a certain date but does not leave on that date, the landlord must pursue the legal remedies specified by law within the prescribed period beginning from that date. Correctly identifying the eviction date in the document is therefore highly important for calculating the period. What Happens If the One-Month Period Is Missed? The special eviction mechanism based on an eviction undertaking is subject to a statutory period. Where the landlord wishes to act under Article 352 on the basis of the eviction undertaking, the one-month period beginning from the promised eviction date must be observed. If the period is missed, a legal issue arises regarding the use of this special eviction mechanism on the basis of the same undertaking. However, whether another ground for eviction exists within the lease relationship is a separate matter, and any other statutory grounds for eviction must be assessed according to their own requirements. Can Enforcement Proceedings Be Commenced Directly Based on an Eviction Undertaking? Article 352 of the Turkish Code of Obligations gives the landlord the options of commencing enforcement proceedings or filing an action within one month where the tenant does not vacate on the promised date. Accordingly, where the conditions are satisfied, an eviction process through enforcement without judgment may be commenced on the basis of an eviction undertaking. However, where the tenant objects to the signature or the undertaking, the subsequent legal process may vary according to the nature of the dispute. Can an Eviction Action Be Filed Based on an Eviction Undertaking? Yes. Where the tenant does not vacate the property on the promised date despite a valid eviction undertaking, the landlord may file an eviction action within the statutory period. The validity of the document, execution and eviction dates, signature, parties and compliance with statutory periods may be among the fundamental issues in the eviction action. Is Mediation Mandatory Before an Eviction Action? An important change concerning disputes arising from lease relationships has applied since 1 September 2023. Under Article 18/B added to the Law on Mediation in Civil Disputes No. 6325, except for provisions concerning eviction of leased immovable properties through enforcement without judgment under the Enforcement and Bankruptcy Law No. 2004, applying to a mediator before filing an action is a condition of action in disputes arising from lease relationships. Accordingly, where a direct eviction action is to be filed on the basis of an eviction undertaking, mandatory mediation requirements must be taken into account. By contrast, the law expressly excludes eviction of leased immovable properties through enforcement without judgment under the Enforcement and Bankruptcy Law from this requirement. Is Mediation Mandatory in Enforcement Proceedings Based on an Eviction Undertaking? Article 18/B of Law No. 6325 excludes the provisions concerning eviction of leased immovable properties through enforcement without judgment under the Enforcement and Bankruptcy Law No. 2004 from mandatory pre-action mediation. Therefore, commencement of eviction proceedings through enforcement without judgment on the basis of an eviction undertaking and filing a direct eviction action should not be assessed in the same manner in terms of mediation. Depending on the nature of the dispute arising after the enforcement proceedings and the type of action subsequently brought, the applicable procedural provisions must be separately examined. Can the Signature on an Eviction Undertaking Be Challenged? The tenant may claim that the signature on the eviction undertaking does not belong to them. In such circumstances, the dispute concerning the signature may affect the legal route to be followed, particularly in eviction proceedings conducted through enforcement. Whether the document was privately executed or prepared through a notary may also be relevant to proof and signature disputes. Accordingly, where the signature is denied, the nature of the document and applicable procedural provisions must be separately assessed. Is a Blank Eviction Undertaking Valid? One of the most common disputes in practice arises where the tenant claims that the execution date or eviction date was left blank when the undertaking was signed. In such disputes, the circumstances in which the document was given, when and with what intention the blank sections were completed and the evidence supporting the parties' allegations become important. Accordingly, absolute approaches such as “an eviction undertaking signed in blank is always invalid” or “where a blank document was signed, every date subsequently inserted is automatically valid” should not be adopted. The circumstances of the particular case and evidentiary position must be assessed together. Can It Be Claimed That the Eviction Date Was Filled in Later? Yes. The tenant may claim that the dates appearing on the eviction undertaking were inserted after the document was signed. However, the legal consequences of this allegation are determined according to the circumstances in which the document was executed and the evidence in the file. An allegation that the document was obtained before delivery or together with the lease agreement and an allegation that the eviction date was subsequently inserted may raise different legal and evidentiary issues. What Happens If the Tenant Says the Eviction Undertaking Was Signed Under Pressure? For an eviction undertaking to be valid, the declaration of intention must have been legally formed. The tenant may allege that the document was signed under pressure, threat, mistake or another defect of consent. However, the legal consequences of such allegations are assessed according to the circumstances and evidentiary rules. A later statement merely saying “I signed it unwillingly” is not the same as a legally provable allegation of defective consent. Can the Landlord Personally Remove the Tenant Using the Eviction Undertaking? No. An eviction undertaking does not authorise the landlord to forcibly remove the tenant from the property. Where the tenant does not leave on the promised date, the landlord must commence enforcement proceedings or file an action within the statutory period. Eviction must be carried out through legal procedures. Does an Eviction Undertaking Automatically Terminate the Lease Agreement? Where the date stated in the undertaking arrives and the tenant continues to occupy the property, the landlord must use the periods and procedures prescribed by law. Accordingly, the existence of an undertaking alone is not sufficient for the tenant's physical eviction. The landlord must timely pursue one of the legal remedies prescribed under Article 352. Does an Eviction Undertaking Continue to Be Valid Under a Renewed Lease Agreement? The lease relationship for which the undertaking was given and the eviction date to which it relates must be assessed through the particular document. The legal effect of an undertaking containing a specific eviction date is also directly connected with the statutory one-month application period. Therefore, a general assumption should not be made that an old eviction undertaking can be used indefinitely in subsequent periods. What Happens to the Eviction Undertaking If the Landlord Changes? Where ownership of the leased property changes, the legal position of the new owner within the lease relationship and the effect of the existing eviction undertaking must be assessed together. The date of transfer of ownership, the lease agreement, the contents of the eviction undertaking and the eviction date may be relevant. Whether the new owner may rely on the eviction undertaking must be assessed according to the particular lease relationship and document. How Is an Eviction Undertaking Assessed Where the Leased Property Is a Family Residence? Where the leased property constitutes a family residence, the provisions of the Turkish Civil Code concerning family residences may also become relevant. In such cases, the parties to the lease agreement, the legal status of the spouses, the family-residence character of the property and by whom and under what circumstances the eviction undertaking was given must be considered together. Disputes concerning family residences must be assessed according to their individual circumstances, and no automatic conclusion should be drawn solely from the existence of an eviction undertaking. Which Court Has Jurisdiction Over an Action Based on an Eviction Undertaking? Disputes arising from lease relationships generally fall within the jurisdiction of the civil court of peace. Where a direct eviction action is filed on the basis of an eviction undertaking, the provisions concerning disputes arising from lease relationships are also considered in determining the competent court. In proceedings conducted through enforcement, depending on the nature of the objection and the legal remedy pursued, separate assessment may be required regarding the enforcement court or competent general court. What Evidence Can Be Used in an Action Based on an Eviction Undertaking? Depending on the nature of the dispute, relevant evidence may include: the lease agreement, the written eviction undertaking, documents showing the date of delivery of the property, bank records, correspondence between the parties, notarial documents, the enforcement file, documents concerning the signature, the final mediation report, other lawful evidence supporting the parties' claims and defences. Particularly where it is disputed whether the eviction undertaking was given after delivery of the property, evidence concerning the delivery date and circumstances in which the document was executed becomes important. How Long Does an Eviction Based on an Eviction Undertaking Take? It is not possible to provide a fixed period applicable to every eviction proceeding. Whether enforcement proceedings or court action are chosen, whether the tenant objects, whether there is a signature objection, the mediation process, the court's workload, collection of evidence and appellate proceedings may affect the duration. Therefore, statements on the internet suggesting that “a tenant can definitely be evicted within a specific number of days using an eviction undertaking” should not be considered applicable to every case. Can an Eviction Action Based on Need Be Filed Where There Is an Eviction Undertaking? An eviction undertaking and eviction based on need are different legal grounds. A landlord may, depending on the particular circumstances, have more than one statutory ground for eviction. However, the conditions, periods and evidentiary requirements for each ground are different. Accordingly, the possibility of relying on an eviction undertaking and the conditions for eviction based on need must be assessed separately. Is Non-Payment of Rent Also Relevant Where an Eviction Undertaking Exists? Non-payment of rent and eviction based on an eviction undertaking are separate legal grounds. Where the tenant fails to pay rent, the landlord may have different legal remedies for collection of rent and, where the conditions are satisfied, eviction. The existence of an eviction undertaking constitutes a separate ground for eviction under Article 352. Each legal route must be assessed according to its own conditions and time limits. Does an Eviction Undertaking Eliminate All Rights of the Tenant? No. Where it satisfies the statutory requirements, an eviction undertaking provides the landlord with a specific ground for eviction. However, the document does not mean that the tenant has waived all procedural and substantive rights. Depending on the circumstances, the tenant may raise objections concerning the validity of the document, signature, dates, statutory periods or other legal matters arising in enforcement or court proceedings. Can the Parties Reach a New Agreement Despite an Eviction Undertaking? Yes. The existence of an eviction undertaking does not prevent the parties from subsequently agreeing to continue the lease relationship. The parties may establish new conditions or resolve the dispute through mediation. Indeed, mandatory pre-action mediation applies to disputes arising from lease relationships other than the statutory exception concerning eviction through enforcement without judgment. What Is the Purpose of Mandatory Mediation in Eviction Disputes? Article 18/B was added to Law No. 6325 through Law No. 7445 to allow disputes arising from lease relationships to be negotiated and potentially resolved before litigation. Under the provision, except for provisions concerning eviction of leased immovable properties through enforcement without judgment under the Enforcement and Bankruptcy Law, applying to a mediator before filing an action is a condition of action in disputes arising from lease relationships. Therefore, the legal route selected in proceedings based on an eviction undertaking is important when assessing the mediation requirement. What Should Be Considered When Preparing an Eviction Undertaking? To reduce the risk of future disputes, particular attention should be paid to ensuring that the undertaking: is executed after delivery of the leased property, is in writing, clearly identifies the tenant, sufficiently identifies the leased property, clearly specifies the eviction date, is signed by the correct person, takes the party structure into account where there are multiple tenants, is executed under clear and provable circumstances. The document must not merely be formally prepared; it must satisfy the statutory requirements. What Should the Landlord Consider in Proceedings Based on an Eviction Undertaking? One of the most important matters for the landlord is the statutory period. Where the tenant does not vacate on the promised date, the landlord must commence enforcement proceedings or file an action within one month under Article 352. It must also be assessed whether the undertaking was given after delivery, is in writing and contains a specific eviction date. Where court proceedings are to be commenced, mandatory mediation requirements must also be considered. The mandatory mediation provisions introduced for disputes arising from lease relationships expressly exclude the provisions concerning eviction through enforcement without judgment. What Should the Tenant Consider in Proceedings Based on an Eviction Undertaking? For the tenant, the date and circumstances under which the eviction undertaking was signed are important. In particular: whether the document was given before or after delivery of the leased property, whether the signature belongs to the tenant, how the execution and eviction dates were determined, whether there is a dispute alleging that the document was subsequently completed, whether the landlord applied within the statutory period, whether procedural steps in enforcement or litigation were properly carried out are among the matters that should be assessed in the particular case. Tenant Eviction Based on an Eviction Undertaking in Üsküdar Disputes based on written eviction undertakings may arise in residential and roofed workplace leases in Üsküdar. A tenant's written undertaking to vacate the property on a specific date does not by itself result in eviction in every case. The undertaking must have been given after delivery of the property, the eviction date must be specific, the document must satisfy the validity requirements and the landlord must pursue legal remedies within the statutory period. Accordingly, in assessments made within the scope of an Üsküdar rental lawyer, Üsküdar eviction lawyer, Istanbul rental lawyer, eviction undertaking lawyer, tenant eviction action lawyer or rental law lawyer, the lease agreement and eviction undertaking should be examined together. Üsküdar Rental Lawyer Assistance Legal assistance concerning eviction undertakings may include assessment of the validity requirements of the undertaking, examination of the lease agreement and delivery date, calculation of the eviction date and statutory period, conducting mandatory mediation where applicable, assessment of eviction litigation or enforcement proceedings and examination of disputes concerning signatures or dates. For the landlord, it is important to exercise the right of eviction within the statutory period and through the correct legal procedure, while for the tenant it is important to assess the validity of the undertaking and whether the process has been conducted lawfully. Conclusion A written eviction undertaking is one of the important legal mechanisms that may enable eviction of a tenant in residential and roofed workplace leases. However, the mere existence of an eviction document bearing the tenant's signature does not mean that the tenant can be evicted in every case. Under Article 352 of the Turkish Code of Obligations, the tenant must have undertaken in writing, after delivery of the leased property, to vacate the property on a specific date. If the tenant fails to vacate on the promised date, the landlord may terminate the lease agreement by commencing enforcement proceedings or filing an action within one month from that date. In a direct court action based on an eviction undertaking, mandatory pre-action mediation rules applicable to lease disputes must also be considered. Under Article 18/B of Law No. 6325, applying to a mediator before filing an action is generally a condition of action in disputes arising from lease relationships; however, provisions concerning eviction of leased immovable properties through enforcement without judgment under the Enforcement and Bankruptcy Law are excluded from this scope. Accordingly, matters such as written eviction undertaking, eviction based on an eviction undertaking, tenant eviction, eviction action, enforcement proceedings for eviction, mandatory mediation in lease disputes, Üsküdar rental lawyer, Istanbul rental lawyer and tenant eviction lawyer must be assessed according to the particular characteristics of each lease relationship, the parties' documents and the statutory periods.