One of the most powerful tools a landlord can use to evict a tenant is an eviction undertaking. However, for this document to be valid, numerous formal and substantive requirements must be met correctly. Otherwise, the undertaking will be invalid, and eviction may not be possible.
What is an Eviction Undertaking?
An eviction undertaking is a written document in which the tenant agrees to vacate the property on a specific date. This document enables the landlord to initiate enforcement proceedings directly and have the property vacated without obtaining a court decision.
Validity Requirements
- It must be in writing.
- The leased property and the tenant must be clearly stated.
- The eviction date must be definite and specific.
- It must be signed voluntarily by the tenant.
- It must be prepared after the lease agreement has been signed.
The most common mistake is signing the eviction undertaking on the same date as the lease agreement. In such cases, the undertaking may be considered invalid. Additionally, claims that the tenant was forced to sign can halt the eviction process.
Legal Remedies Based on an Eviction Undertaking
Pursuant to Article 352/1 of the Turkish Code of Obligations (TCO), if the tenant does not vacate the property on the agreed date, the landlord has an alternative right. The landlord can either initiate enforcement proceedings against the tenant or file a lawsuit.
Statute of Limitations
According to TCO Article 352, the limitation period is 1 month. If the landlord fails to initiate enforcement proceedings or file an eviction lawsuit within 1 month from the date stated in the undertaking, the landlord's right to request eviction based on the undertaking will lapse.
Eviction Process with Sayın Hukuk
At Sayın Hukuk, we:
- Ensure a valid eviction undertaking is properly prepared,
- Initiate enforcement proceedings in compliance with the law,
- Represent our clients in enforcement courts against any objections.
A properly prepared eviction undertaking saves time and spares the landlord from exhausting litigation processes.