What is an Eviction Commitment and How to Use it in Tenant Eviction?

One of the frequently raised issues in the real estate sector is tenant eviction. In this process, the Turkish Code of Obligations (TCO) provides important regulations to protect the rights of both tenants and landlords. In particular, the eviction undertaking regulated under Article 352 of the TCO is of great importance in terms of preventing disputes between the tenant and the owner.

What is an Eviction Commitment?
An eviction undertaking is an official document in which the tenant declares in writing that he/she will vacate the immovable property on a certain date. This document is prepared by the will of the tenant and must be made in writing. Article 352 of the Turkish Code of Obligations contains legal regulations on this subject:

“If the lessee undertakes in writing to evacuate the leased property on a certain date, the evacuation of the immovable property may be requested on this date.”

Conditions for the Eviction Commitment to be Valid
In order for an eviction undertaking to be legally valid, the following conditions must be fulfilled:

Being in Writing:
The eviction commitment must be in writing. Verbal agreements are not valid.

Signed by the Tenant:
The document must be signed only by the tenant and must be of his/her own volition.

Contain a Specific Date:
The eviction commitment must clearly state the date on which the immovable property will be vacated.

Issuance After the Delivery of the Leased Property:
The eviction commitment must be issued after the lease agreement is signed and the immovable is delivered. Otherwise, it may be deemed invalid.

Things to be Considered by the Landlord in the Eviction Process
Despite the existence of an eviction undertaking, it is not possible for the owner to evict the tenant directly. A legal process must be initiated for eviction. In this case, an eviction request can be made through the enforcement office or the court.

Advantages of Eviction Commitment
Prevents disputes between the tenant and the owner.
Allows the legal process to proceed faster.
Provides the landlord with a legal basis for eviction.