Eviction Undertakings in Türkiye: Validity, Deadlines and Enforcement
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An eviction undertaking (tahliye taahhütnamesi) can provide a landlord with a legal basis to seek possession of leased residential or roofed commercial premises. Its validity depends on statutory requirements, and a signed document does not always justify immediate eviction. Article 352(1) of the Turkish Code of Obligations No. 6098 governs the principal conditions and procedures.
1. What Is an Eviction Undertaking?
A written commitment by a tenant to vacate leased premises on a specified date. If statutory conditions are satisfied, a landlord may seek eviction following failure to vacate without necessarily proving a separate personal need. Not every document labelled an undertaking is legally effective.
2. Requirements for Validity
| Requirement | Significance |
|---|---|
| Written document | An oral promise is insufficient for this statutory route |
| Tenant’s commitment | Undertaking must be attributable to tenant |
| Prior delivery | Undertaking must be given after delivery of leased premises |
| Specified vacation date | Date to vacate must be identified |
| Valid consent and execution | Disputed signature or authority requires review |
Timing of possession and signature can be decisive. An undertaking obtained at the initial lease signing before delivery raises different legal issues than one executed after delivery. Undated, incomplete or later-completed documents require fact-specific analysis of evidence and judicial practice.
3. Does the Tenant Have to Leave Automatically?
No. If the tenant does not vacate or disputes enforceability, the landlord must use applicable judicial or enforcement procedures. An undertaking does not entitle the landlord to change locks, disconnect utilities or remove belongings unilaterally.
4. The One-Month Deadline
Article 352(1) provides a one-month period following the promised vacation date to use the prescribed eviction remedy. Depending on circumstances, a landlord may initiate applicable enforcement proceedings or file an eviction lawsuit. The relevant procedural act, precise dates and effects of other steps must be evaluated. Informal correspondence should not be assumed to preserve the statutory deadline.
5. Is Mediation Required?
| Route | General mediation position |
|---|---|
| Eviction lawsuit relying on undertaking | Pre-litigation mediation generally required |
| Applicable non-judgment enforcement eviction | Statutory exception applies |
| Separate rental claims | Assess claim classification individually |
Article 18/B of Law No. 6325 establishes mediation for tenancy litigation while excluding eviction through non-judgment enforcement under enforcement law. Deadlines and possible suspension rules require case-specific review.
6. Can the Tenant Challenge the Document?
Yes. A tenant may raise legally available objections concerning execution timing, authenticity, identity of signer, authority or other circumstances affecting validity. Proof and available defences depend on claim and procedural route. Enforcement objections differ from defences in judicial litigation.
7. Documents to Review
Review the original lease, proof of delivery, original undertaking, signature history, correspondence and formal notices. Establish actual possession date, signature date and promised vacation date before proceedings.
Frequently Asked Questions
Can the landlord require an undertaking when the lease is signed? A commitment given before delivery does not satisfy Article 352(1)’s delivery requirement; disputed validity depends on evidence.
Does an undertaking immediately terminate occupancy? Not necessarily; enforceable possession requires prescribed procedures if disputed.
Can the tenant challenge the signature? Authenticity and validity can be contested in the appropriate procedure, under applicable evidentiary rules.
Conclusion
Eviction undertakings are important but enforceability depends on form, timing and procedure. Both parties should distinguish the undertaking from an eviction order and assess deadlines before taking action.
G&K Partners Law Firm — Real Estate and Tenancy Law. General information, not individual legal advice.
Primary legal references: Turkish Code of Obligations No. 6098, Article 352(1); Mediation in Civil Disputes Law No. 6325, Articles 18/A and 18/B; Enforcement and Bankruptcy Law No. 2004.
Related legal guidance
landlord–tenant disputes, rent determination and adjustment. See also property due diligence and contact information.
Official sources: Turkish Code of Obligations No. 6098; Mediation Law No. 6325.