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Validity Conditions, Enforcement Proceedings and Eviction Case in accordance with Turkish Code of Obligations Article 352/1. This guide has been updated as of 2026, based on the Turkish Code of Obligations No. 6098 and the compulsory mediation regulation.
Summary: An eviction commitment is a written statement of intent in which the tenant undertakes to vacate the property on a certain date and provides the owner with a quick way to evacuate. To be valid, it must be in writing, signed by the tenant personally, given with free will, the issuance date must be a date after the lease agreement, and it must contain a clear eviction date. If action is not taken through enforcement proceedings or litigation within 1 month from the date of release, the right to rely on the undertaking is lost.
Why Are Commitments Signed on the Same Day Often Considered Invalid? Many landlords think that it is a safe method to sign an eviction notice at the same time as signing the rental agreement. However, according to the established approach of the Supreme Court, this is the most common mistake that makes the contract invalid from the beginning. It is assumed that the tenant signed under duress while having difficulty finding a house, and the document is deemed invalid in court.
In this guide, the validity conditions of the eviction commitment, the issue of signature on blank paper, enforcement and lawsuit processes, and the tenant's objection rights are discussed.
What is an Evacuation Commitment? The eviction undertaking is a unilateral statement of intent in which the tenant undertakes to deliver the rented property to the owner, empty and complete, on a certain date, without any conditions. Its legal basis is the first paragraph of Article 352 of the Turkish Code of Obligations. The law regulates that if the lessee makes such a commitment with his/her free will, the lessor may terminate the contract based on this document.
Validity Conditions If one of the following conditions is missing, the undertaking will be completely invalid. Written form: The commitment to evacuate must be in writing; Verbal promises of release have no legal validity. The document can be ordinary written or notarized.
Given by the tenant: The commitment must be signed personally by the tenant or his specially authorized representative in this regard. The signature of the guarantor or family members living with the tenant does not make the commitment valid. If there is more than one tenant, all signatures are required.
Free will: The commitment must be signed with the free will of the tenant; If it is proven that it was taken by force or fraud, it is deemed invalid. The issuance date is after the lease agreement: This is the most critical condition. The signature date of the commitment is a date after the date on which the rental agreement is made and the real estate is delivered.
should be. Commitments received on the same day as the contract are considered invalid, assuming that the tenant's difficulty in finding housing is taken advantage of. A clear evacuation date: The document must clearly indicate the day, month and year in which the property will be evacuated; Vague statements such as "I will vacate next year" are not considered valid.
Event Summary The property owner, Hakan Bey, signed a rental agreement with his tenant, Selim Bey, on January 1, 2025, and had an eviction undertaking signed on the same day. The release date is written on the document as January 1, 2026.
Legal Evaluation Since the date of issuance of the letter of undertaking and the date of the rental agreement are the same, if Mr. Selim does not leave the house when the time comes, Mr. Hakan cannot request eviction based on this document. The court accepts that the tenant signed under duress and considers the undertaking invalid. In order for the commitment to be protected, it should have been issued within a reasonable period of time after the contract.
Signature on Blank Paper and Dates Filled in Later It is a common situation for the tenant to sign a commitment with the date section left blank and for the landlord to fill in this date later. The established approach of the Supreme Court is that the consequences of the revealed signature must be endured. By signing a document with a blank date, the tenant is deemed to have given the landlord an implied authority to fill that date; The claim that "this area was empty when I signed" does not by itself invalidate the document. The tenant must prove with written and definitive evidence (e.g. messaging record) that the date was filled in violation of the agreement; No witnesses will be heard on this matter.
How to Perform Evacuation? If the tenant does not vacate the property with his/her consent when the promised date arrives, there are two ways that the landlord can follow, and in both cases, the 1-month blackout period must be taken into consideration.
The first way is to initiate enforcement proceedings. The owner initiates enforcement proceedings with a request for eviction at the authorized enforcement office within 1 month from the committed date; The enforcement office sends an eviction order to the tenant. The tenant has the right to object to this order within 7 days; If no objection is made, the proceedings become final and the immovable property is evacuated by bailiffs within 15 days.
The second way is to file an eviction case directly in the Civil Court of Peace; This is from the promised date
It must be done within 1 month from the date of application. However, since there is a mandatory mediation requirement in rental disputes, it is necessary to apply to the mediation office before filing a lawsuit. The 1 month period is absolute; If it is missed, the undertaking loses its ability to create rights. However, if the landlord sends a notice to the tenant through a notary, containing the will to evict, within this period, the period for filing a lawsuit is deemed to be extended until the end of that rental year. However, the safest approach is to start proceedings directly as soon as the eviction date passes.
Process in Case of Objection by the Tenant: If the tenant objects to the eviction order from the Enforcement Office within 7 days by denying the signature or the date of issue, the prosecution stops. In this case, the owner has two options. If the undertaking has been issued by a notary or the tenant does not deny the signature, the owner may request eviction through a speedy trial by filing a lawsuit to revoke the objection in the Enforcement Civil Court. If the tenant clearly denies the signature, the owner must file a lawsuit in the Civil Court of Peace, since the enforcement court with limited jurisdiction cannot review the signature; The court has the signature examined through the Forensic Medicine Institute or graphology experts. The tenant who is found to be wrong in his objection is also awarded enforcement denial compensation.
Stage Duration Result The document issued on a date after the Lease Agreement, on the same day as the written Agreement, is considered invalid. Legal action 1 month from the date of eviction. If the period is missed, the right to rely on the undertaking is lost. 7 days from the notification of the eviction order. If no objection is made, the prosecution becomes final, the objection is evacuated within 15 days. Case for annulment of the objection. A reasonable period after the cessation of the pursuit. Signature examination is carried out and compensation is charged to the wrongful party.
Is there a difference between a notarized undertaking and an ordinary written undertaking? Yes, it makes a difference, especially during the appeal process. The tenant cannot deny the signature on a notarized undertaking, and the owner can file an expedited annulment of objection directly in the Enforcement Civil Court. If the signature is denied on an ordinary written document, the process is transferred to the Civil Court of Peace and it takes longer.
If I miss the 1-month period, will I completely lose my right to release? For fast track based on commitment, yes, this period is derogatory. However, even in this case, the owner can file a separate lawsuit based on other general reasons for eviction in the lease agreement (need, reasons other than the commitment to evacuate).
Receiving a commitment on the same day as the contract: This is the most common mistake that makes the commitment invalid from the beginning. Failure to follow the 1-month period: Delay in taking action after the release date has passed may lead to complete loss of rights.
Filing a lawsuit in the wrong court: Attempting to take action in the Enforcement Civil Court on a file whose signature has been denied will not yield results due to the narrow jurisdiction of the court.
Conclusion: Transactions based on eviction commitment are technical processes in which formal conditions and limitation periods do not eliminate even the smallest error. The balance on the date of issuance of the commitment, the 1-month follow-up period after the date of release and the choice of the right court in the objection process directly determine the outcome of the process.
Important Legal Notice: The legal explanations and case studies in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. Since the unique conditions of each contract may change the outcome, it is recommended that the process be carried out with the support of a real estate and rental law lawyer. © 2026 Küheylan Law Firm. All rights reserved.
Author: Av. Mert Deniz Küheylan Küheylan Law Firm — Burhaniye Mh. Neşetbey Sk. No:12/5 Floor:5 Flat:3 Üsküdar/İstanbul — info@kuheylan.av.tr — kuheylanhukuk.com
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