What Is an Eviction Action Based on an Eviction Undertaking? Conditions, One-Month Period, Signature Objection and Legal Process

What Is an Eviction Action Based on an Eviction Undertaking? Conditions, One-Month Period, Signature Objection and Legal Process An eviction undertaking is a document in which the tenant accepts in writing that the leased property will be vacated on a specified date. Under the first paragraph of Article 352 of the Turkish Code of Obligations No. 6098, where the tenant, after delivery of the leased property, undertakes in writing to vacate the property on a specified date but fails to do so, an eviction process based on the undertaking may become relevant. According to the uploaded source, the landlord may, within one month following the agreed eviction date, initiate enforcement proceedings under Article 272 of the Enforcement and Bankruptcy Law or file an eviction action before the Civil Court of Peace. However, not every eviction undertaking is valid. The source particularly emphasises three principal requirements: the undertaking must be in writing, it must have been given after the date of the lease agreement, and the eviction action must be filed within one month from the agreed eviction date. For this reason, in matters involving lease lawyers in Istanbul, Ümraniye, Ataşehir, Üsküdar and Çekmeköy, the existence of the document alone should not be considered sufficient. The date on which it was executed, whether it is written, whether the eviction date is determinable, whether the signature belongs to the tenant, who is entitled to bring the action and whether the one-month period has been observed should all be examined together. What Is Lease Law? Lease law regulates the rights and obligations arising from the lease relationship between the landlord and the tenant. Lease law includes matters such as: Eviction undertakings, Eviction actions, Termination of lease agreements, Rent receivables, Eviction through enforcement proceedings, Eviction based on need, Two justified notices, Rent determination actions, Rights of landlords and tenants. Eviction actions based on an eviction undertaking differ from other grounds for eviction because they are based on the tenant's written declaration that the property will be vacated on a specified date. What Is an Eviction Undertaking? An eviction undertaking is a commitment by which the tenant accepts in writing that the leased property will be vacated on a specified date. According to Article 352/1 of the Turkish Code of Obligations as cited in the uploaded source, where the tenant, after delivery of the leased property, agrees in writing to vacate the property on a certain date but does not do so, the landlord may pursue eviction. The basis of the undertaking is therefore the tenant's intention to leave the property on a specified or determinable future date. What Is an Eviction Action Based on an Eviction Undertaking? An eviction action based on an eviction undertaking is an action filed for the purpose of obtaining the tenant's removal from the leased property where the tenant fails to vacate on the date specified in a valid written undertaking. According to the source, after the agreed eviction date the landlord may: Initiate an enforcement procedure for eviction, File an eviction action before the Civil Court of Peace. However, the eviction undertaking must satisfy the validity conditions described in the uploaded source. What Are the Conditions for an Eviction Action Based on an Eviction Undertaking? The uploaded source expressly identifies three principal elements: The eviction undertaking must be in writing. The eviction undertaking must have been given on a date later than the lease agreement. The eviction action must be filed within one month from the agreed eviction date. Accordingly, a tenant's mere oral statement that they will leave on a particular date is not sufficient to bring an eviction action based on an eviction undertaking. Must an Eviction Undertaking Be in Writing? Yes. The uploaded source expressly states that an eviction action cannot be filed on the basis of an oral eviction undertaking. The undertaking must therefore be established in writing. This written-form requirement is also important for later examination of: The eviction date, The content of the undertaking, The signature, The identity of the person who issued the document. Is an Oral Eviction Undertaking Valid? Not for the purpose of an eviction action based on the undertaking. The source expressly states that an oral eviction undertaking cannot be relied upon as the basis of such an action. Accordingly, the existence of an orally agreed date on which the tenant intends to leave does not replace the written undertaking contemplated under Article 352/1 in the uploaded source. Must an Eviction Undertaking Be Executed Before a Notary? No. According to the uploaded source, an eviction undertaking does not have to be executed before a notary. A privately executed written undertaking, prepared between the parties without an official form, may also be valid. Notarial execution is therefore not an absolute requirement for validity. However, the source also emphasises that privately executed undertakings may cause certain practical difficulties. Is a Privately Executed Written Eviction Undertaking Valid? Yes. According to the source, an ordinary written undertaking prepared by the parties without official form is valid. However, where the tenant objects to the signature or objects to the eviction order in enforcement proceedings, the dispute may become more complicated. The source therefore states that although privately executed written undertakings are legally possible, they may create practical difficulties. Is There a Difference Between a Notarial Undertaking and a Privately Executed Written Undertaking? Under the uploaded source, both may satisfy the written-form requirement; notarial execution is not a condition of validity. However, the source particularly emphasises that privately executed undertakings may give rise to issues such as: Objection to the signature, Objection to enforcement proceedings, Examination of whether the signature belongs to the tenant. Accordingly, the validity of the document and the evidential issues that may arise when a dispute occurs are separate matters. Can an Eviction Undertaking Be Obtained on the Same Day as the Lease Agreement? According to the uploaded source, an eviction undertaking obtained at the time the lease agreement is concluded is invalid. The source states that, under established Court of Cassation practice, an undertaking obtained on the date the lease agreement is signed is regarded as not being the product of the tenant's free will. The date of the undertaking in relation to the lease agreement is therefore one of the principal issues affecting validity. Can an Eviction Undertaking Be Obtained Before the Lease Agreement? According to the source, no. An eviction undertaking obtained before conclusion of the lease agreement is also invalid. Under the established Court of Cassation approach described in the source, an undertaking obtained before or on the date of signing the lease is considered not to be the product of free will. The relationship between the execution date of the undertaking and the date of the lease agreement is therefore particularly important. When Should an Eviction Undertaking Be Given? Under Article 352/1 as quoted in the uploaded source, the undertaking must be given after delivery of the leased property. The source also identifies the requirement that the undertaking be given on a date later than the lease agreement as one of the fundamental conditions for an eviction action. The execution date is therefore a fundamental element when evaluating the legal validity of the undertaking. Must an Eviction Undertaking Contain a Date? The uploaded source states that the absence of a date does not automatically invalidate the undertaking. However, an important condition applies: the eviction date must be specified or capable of being determined. Accordingly, the relevant issue is not merely whether a date box has been completed but whether the time at which the tenant is required to leave can be determined. Must the Eviction Date Be Specific? According to the source, the eviction date must be specified or determinable. The purpose of an eviction undertaking is to establish when the tenant has committed to vacating the property. Whether a document that does not allow the eviction time to be determined satisfies the conditions described in the source must therefore be separately assessed. Can an Eviction Undertaking Be Conditional? The uploaded source states that the eviction undertaking must be unconditional. It also states that the tenant must expressly undertake and accept that the leased property will be vacated on a specified date. The intention to vacate must therefore be clearly expressed. Must the Tenant's Intention to Vacate Be Explicit? Yes. According to the source, the tenant must expressly undertake and accept that the leased property will be vacated on a specified date. Accordingly, when reviewing the document, it is necessary to consider not only the tenant's signature but also whether the wording genuinely contains a commitment to vacate. When Must an Action Based on an Eviction Undertaking Be Filed? One of the most important requirements identified by the uploaded source is the one-month filing period. According to the source, the eviction action must be filed within one month following the date on which the tenant undertook to vacate the property. The existence of a valid undertaking is therefore not sufficient by itself; the eviction request must also be pursued within the period specified in the source. When Does the One-Month Period Begin? According to the source, the one-month period begins following the agreed eviction date. Where the tenant has undertaken to leave on a particular date but does not do so, the landlord must pursue the eviction remedy within the one-month period described in the source. What Happens If the One-Month Period Is Missed? The uploaded source identifies filing the eviction action within one month following the agreed date as one of the fundamental requirements of an action based on an eviction undertaking. The source does not separately explain every possible legal consequence of missing that period. Accordingly, rather than adding a consequence that is not stated in the source, it is appropriate to note that the one-month period is expressly presented in the uploaded material as a required element of an eviction action based on the undertaking. Can Enforcement Proceedings Be Initiated on the Basis of an Eviction Undertaking? Yes. According to the uploaded source, where the tenant fails to vacate on the agreed date, the landlord may, within one month following that date, initiate enforcement proceedings under Article 272 of the Enforcement and Bankruptcy Law and send an eviction order. Alternatively, an eviction action may be filed before the Civil Court of Peace. Can the Landlord Choose Between an Eviction Action and Enforcement Proceedings? The source identifies both legal routes. The landlord may: Initiate enforcement proceedings and send an eviction order, File an eviction action before the Civil Court of Peace. However, the source highlights specific difficulties that may arise where a privately executed undertaking is used and the tenant objects during enforcement proceedings. What Happens If the Tenant Objects During Enforcement Proceedings Based on a Privately Executed Undertaking? The uploaded source states that where enforcement proceedings are initiated on the basis of a privately executed written undertaking and the tenant objects to the eviction order, removal of the objection and eviction cannot be sought from the enforcement court, and it may become necessary to pursue the matter through an action before the Civil Court of Peace. The source also states that the tenant may object to the signature appearing on the eviction undertaking. Can the Tenant Object to the Signature on an Eviction Undertaking? Yes. The uploaded source includes a Court of Cassation decision demonstrating that the tenant may deny the signature on an eviction undertaking and that the question of authorship must then be determined through expert examination. The authenticity of the signature may therefore become an important legal and technical issue in disputes concerning eviction undertakings. Is Expert Examination Used When the Signature Is Disputed? According to the Court of Cassation decision cited in the source, where the tenant denies the signature on the undertaking, an expert or expert panel must examine whether the signature belongs to the relevant person. The Court of Cassation found it improper for the judge to make an independent determination on a matter requiring specialist expertise. Can a Signature Be Examined from a Photocopy of the Eviction Undertaking? According to the Court of Cassation approach cited in the uploaded source, signature examination cannot be performed on the basis of a photocopy. The source states that original documents containing suitable comparison signatures must be obtained and the examination must be conducted on the basis of those originals. This also demonstrates the practical importance of preserving the original eviction undertaking. What Does the Court of Cassation Require in Signature Examination? The Court of Cassation decision quoted in the source states that examination of whether a signature or handwriting belongs to a particular person should be carried out: By an expert in the relevant field, In an environment with adequate technical equipment, Using the necessary optical and technical instruments, Using graphological and graphometric methods. The source also states that features such as the movement, pressure, inclination and direction of the signature or handwriting should be compared and set out in a reasoned report capable of judicial review. Is a Blank Eviction Undertaking Valid? The uploaded source contains a Court of Cassation decision concerning this issue. According to the cited decision, even where the execution date and eviction date portions of the undertaking were blank when the tenant signed and delivered the document to the landlord, the tenant was considered to have authorised completion of the document by signing it in blank and was required to bear the consequences. The source therefore states that an allegation that “I gave the undertaking blank and it was later completed” does not by itself render the undertaking invalid. What If the Tenant Claims That the Eviction Date Was Filled in Later? According to the Court of Cassation decision cited in the uploaded source, even if it is accepted that the execution and eviction dates were blank when the tenant signed the document, the tenant who signed in blank was regarded as having authorised the other party to complete it. The later completion of the dates was therefore not treated as affecting the result by itself. The source states that this approach is consistent with established case law also adopted by the General Assembly of Civil Chambers of the Court of Cassation. Does an Allegation That the Undertaking Was Signed Under Pressure Automatically Make It Invalid? The Court of Cassation decision cited in the source involved a tenant who alleged that the undertaking had been obtained under pressure. However, because the tenant stated that the undertaking had been given while already occupying the property as a tenant and together with a renewed lease agreement, the Court of Cassation considered that the undertaking could no longer be characterised as having been obtained under pressure. This assessment also demonstrates why it is important that the undertaking be given after the initial lease agreement. Can an Eviction Undertaking Be Given Together with a Renewed Lease Agreement? In the factual situation addressed in the Court of Cassation decision cited in the source, the tenant stated that the undertaking had been given while already occupying the property and together with a renewed lease agreement. The Court of Cassation considered that the undertaking could not in that situation be regarded as having been obtained under pressure and held that it should be treated as valid. The initial establishment of the tenancy and an undertaking given while the tenancy is already continuing are therefore treated differently in the source. Who Can File an Eviction Action Based on an Eviction Undertaking? According to the uploaded source, an eviction action based on an undertaking must be filed by the landlord. The source also states that an owner who is not the landlord does not acquire the right to bring the action merely because of ownership. Accordingly, where the property owner and the person identified as landlord under the lease are different, the claimant's legal status must be considered carefully. Can the Owner Always File an Action Based on the Eviction Undertaking? According to the source, no. The uploaded document states that an owner who is not the landlord does not have the right to bring the action on this basis. The title deed alone may therefore not be sufficient; it is also necessary to determine who holds the status of landlord in the lease relationship. Can a New Owner Rely on an Eviction Undertaking Given to the Former Owner? Yes. According to the uploaded source, the new owner succeeds to the position of the former owner and landlord and may therefore rely on an eviction undertaking given during the former owner's period. A transfer of ownership therefore does not, under the approach described in the source, automatically make a previously valid eviction undertaking ineffective. Does an Eviction Undertaking Become Invalid If the Property Is Sold? The uploaded source does not recognise such an automatic consequence. On the contrary, it states that the new owner may, as successor to the former owner and landlord, rely on an undertaking given during the former owner's period. The new owner's succession and the validity of the existing undertaking should therefore be assessed together in the specific case. How Is the Signature Examined Where the Tenant Is a Company? One Court of Cassation decision cited in the uploaded source concerned whether the signature on an undertaking issued on behalf of a corporate tenant belonged to the company's representative. The Court of Cassation held that where the signature is denied, an expert or expert panel should determine whether it belongs to the company representative. Where a company is the tenant, the identity and representative capacity of the person who signed the undertaking may therefore also be important. Which Court Hears an Eviction Action Based on an Eviction Undertaking? The uploaded source identifies the Civil Court of Peace where the landlord chooses to file a direct eviction action based on the undertaking. The source also recognises the possibility of pursuing eviction through enforcement proceedings. The procedure may therefore differ according to the legal route selected in the individual case. What Documents Are Important in an Eviction Undertaking Case? Based on the contents of the uploaded source, particularly relevant documents include: The lease agreement, The original eviction undertaking, The date on which the undertaking was executed, The agreed eviction date, The tenant's signature, Original documents containing signatures suitable for comparison, Documents establishing ownership and succession where the property has been transferred to a new owner. The Court of Cassation decisions cited in the source particularly demonstrate the importance of the original document where the signature is disputed. Why Is the Original Eviction Undertaking Important? According to the Court of Cassation practice cited in the source, signature examination cannot be performed from a photocopy, and original documents must therefore be obtained for examination. Where a dispute concerning the signature on the undertaking may arise, preservation of the original document is therefore important for technical examination. Why Is an Eviction Undertaking Important for the Tenant? Because an eviction undertaking contains the tenant's written declaration that the property will be vacated on a specified date, it may have significant legal consequences. The fact that the source includes Court of Cassation decisions concerning: Blank signatures, Dates completed later, Signature objections, The date on which the undertaking was given, demonstrates the significance of the circumstances in which the document is signed. The wording and execution conditions should therefore be considered carefully by both the tenant and the landlord. What Are the Most Important Issues for the Landlord? Under the framework of the uploaded source, particular attention should be given to: Ensuring that the undertaking is in writing, Ensuring that it is given after the initial lease agreement, Ensuring that the eviction date is specified or determinable, Ensuring that the undertaking is unconditional, Ensuring that it contains an express intention to vacate, Observing the one-month period, Preserving the original document. Why Are Court of Cassation Decisions Important in Eviction Undertaking Cases? The uploaded source includes several Court of Cassation decisions concerning the application of eviction undertakings. These decisions particularly address: Expert examination where the signature is denied, The inability to conduct signature examination from a photocopy, Later completion of a blank signed undertaking, Allegations that the undertaking was obtained under pressure. Eviction undertaking disputes should therefore be assessed not only according to the wording of the document but also according to the circumstances of execution and proof. How Long Does Eviction Based on an Eviction Undertaking Take? The uploaded source does not specify a fixed duration for the eviction action or enforcement proceedings. It only explains that enforcement proceedings or an eviction action must be pursued within one month following the agreed eviction date. Accordingly, no fixed total duration for the proceedings can be stated solely on the basis of the uploaded source. How Are Lease Lawyer Fees Determined? The uploaded source refers to the importance of obtaining legal assistance in eviction proceedings but does not specify a fixed amount for legal fees. It states that information concerning litigation costs and legal assistance may be obtained from lawyers practising in lease law. The scope of the legal service, the nature of the dispute, whether enforcement proceedings or litigation are pursued and whether additional disputes such as a signature objection exist may therefore affect the scope of the legal work. Eviction Actions Based on Eviction Undertakings in Istanbul In disputes based on an eviction undertaking, particular attention should be given to: Whether the document is written, Whether it was obtained before or at the same time as the lease agreement, Whether it was executed after delivery of the leased property, Whether the eviction date is determinable, Whether the one-month period has been observed, Whether the signature is disputed, Whether there is an allegation of a blank undertaking, Whether the claimant is the landlord or the landlord's successor. For this reason, in matters involving lease lawyers in Istanbul, Ümraniye, Ataşehir, Üsküdar and Çekmeköy, it is important to examine not merely the existence of an eviction undertaking but also the manner in which it was prepared and relied upon. What Should Be Considered When Choosing a Lease Lawyer? When selecting a lawyer practising in lease law, relevant considerations may include: Experience in actions based on eviction undertakings, Knowledge of eviction and lease law, Experience with enforcement procedures for eviction, Ability to assess signature objections and expert examination, Ability to monitor the one-month period correctly, Ability to assess the status of the new owner and the landlord, Familiarity with Court of Cassation practice. Conclusion An eviction action based on an eviction undertaking may arise where the tenant, after delivery of the leased property, accepts in writing that the property will be vacated on a specified date but fails to leave on that date. According to the source, the landlord may, within one month following the agreed eviction date, initiate enforcement proceedings or file an eviction action before the Civil Court of Peace. The undertaking must be in writing, must have been given on a date later than the lease agreement and the eviction request must be pursued within the one-month period. Notarial execution is not compulsory and a privately executed written undertaking may also be valid. By contrast, an undertaking obtained at the same time as or before conclusion of the lease agreement is considered invalid under the established Court of Cassation approach described in the source. Regarding allegations that an undertaking was signed blank and the dates were later completed, the Court of Cassation decisions cited in the source consider that a tenant who signs a blank document has authorised its completion. Where the signature is denied, expert examination is required and the examination must be carried out using original documents rather than photocopies. The source further states that an action based on an eviction undertaking must be brought by the landlord, while a new owner may rely on an undertaking given during the former owner's period as successor to the former owner and landlord. Accordingly, issues such as eviction undertaking, eviction action based on an eviction undertaking, blank eviction undertaking, signature objection to an eviction undertaking, lease lawyer in Istanbul, lease lawyer in Ümraniye, lease lawyer in Ataşehir, lease lawyer in Üsküdar and lease lawyer in Çekmeköy should be assessed according to the specific lease agreement, eviction undertaking and legal status of the parties.