An eviction commitment can be defined as a document given in writing by the tenant, containing a commitment to vacate the rented property on a specific date. Under Article 352 of the Turkish Code of Obligations, with an eviction commitment, the tenant is obliged to vacate the property on the specified date. To learn the answer to the question what is an eviction commitment and in which cases is it valid?, you can continue reading our article. Additionally, for more information about tenant eviction and details on legal processes, you can review our article titled Legal Reasons for Tenant Eviction.
Legal Basis for Eviction Commitment
An eviction commitment is a legal transaction regulated under the Turkish Code of Obligations (TCO), and specifically Article 352 of the TCO constitutes the main basis on this subject. This article clearly defines the conditions and processes regarding the eviction of the rented property with an eviction commitment.
Turkish Code of Obligations Article 352
“If the tenant, after the delivery of the rented property, has undertaken in writing to the landlord to vacate the rented property on a certain date, the landlord can ensure the eviction of the rented property by applying to enforcement or filing a lawsuit within one month from that date.”
This provision regulates the written requirement for an eviction commitment and the one-month application period after the date on which the eviction will take place.
Enforcement and Bankruptcy Law (EBL) Article 272 and Following
The enforcement proceedings process based on an eviction commitment is carried out in accordance with the relevant provisions of the Enforcement and Bankruptcy Law. With an eviction commitment, eviction can be requested by directly applying to the enforcement office. This is a fast way for the landlord to achieve eviction without filing a lawsuit.
Enforcement and Bankruptcy Law (EBL) Article 272 and following articles contain regulations regarding the eviction of rented properties.
What Are the Validity Conditions for an Eviction Commitment?
What are the conditions for an eviction commitment to be valid? For an eviction commitment to be valid, the following conditions must be met:
- Written Requirement: The eviction commitment must be prepared in writing. This condition directly affects the validity of the document. Eviction commitments made verbally are not considered legally valid. It is sufficient for the written document to be a signed text without being subject to any special form requirement.
- Signed by the Tenant: The eviction commitment must be signed by the tenant personally. If both spouses are co-tenants in the property, both spouses must sign the eviction commitment. This situation is particularly important in family residences.
- Given with Free Will: The eviction commitment must not have been obtained under pressure, threat, or coercion. It is important that the tenant can prove that they signed the commitment of their own free will. Otherwise, the tenant can take this matter to court and claim the invalidity of the eviction commitment. The question what does free will mean in an eviction commitment? frequently arises in this process.
- Containing a Specific Date: The eviction commitment must absolutely contain a specific date. The commitment must clearly state on which date the tenant will vacate the property. Eviction commitments that do not contain a specific date or are prepared with an uncertain date may be considered invalid.
- Commitment Obtained After Delivery of the Rented Property: The eviction commitment must be obtained after the rented property has been delivered to the tenant. Eviction commitments obtained before the property is delivered may be considered invalid on the grounds that they do not reflect the tenant’s true will.
- No Elements Contrary to Law and Morality: The eviction commitment must comply with general legal rules and morality. If the commitment contains clauses that excessively restrict the tenant’s rights or are contrary to public order or the principle of good faith, this situation may affect the validity of the commitment.
How is enforcement proceedings conducted after an eviction commitment? If the tenant does not vacate the property on the specified date, the landlord can initiate enforcement proceedings to achieve eviction.
Tenant Eviction Commitment Sample
EVICTION COMMITMENT
TENANT:
(Committing Party)
ID NUMBER:
LANDLORD:
(Property Owner)
ID NUMBER:
PROPERTY ADDRESS:
COMMITMENT DATE:
EVICTION DATE:
I hereby declare, accept, and commit that I will vacate the above-mentioned property, where I am currently a tenant, empty and in good condition on the specified date, without the need for any notice or warning, unconditionally, in accordance with Articles 350, 351, and 352 of the Turkish Code of Obligations No. 6098, and that I will pay in cash and in advance, without the need for notice, all expenses incurred by the above-mentioned property owner in initiating enforcement proceedings and any damages suffered due to my delay in eviction. … / … / …..
Tenant (Committing Party)
Signature
How Is a Tenant Evicted with an Eviction Commitment?
The question how is a tenant evicted with an eviction commitment? is a matter of curiosity for both landlords and tenants. Here are the steps of the process:
- Giving the Eviction Commitment: The tenant signs a document committing to vacate the property. This document must be prepared with free will and in writing.
- Arrival of the Specified Date: The date specified in the eviction commitment is awaited. Enforcement proceedings cannot be initiated before this date.
Enforcement Proceedings or Eviction Lawsuit: If the tenant objects to the eviction order, the landlord can file an eviction lawsuit to have this objection removed.
- The court examines the validity of the eviction commitment.
- If it is determined that the commitment complies with legal requirements, the court rejects the tenant’s objection and the eviction process continues.
What Happens If the Eviction Commitment Is Not Valid?
Can an eviction commitment be considered invalid? Yes, there are situations where an eviction commitment can be considered invalid. For example:
- If the eviction commitment was signed under pressure,
- If the commitment was obtained before the delivery of the rented property,
- If it is not in writing or no date is specified.
In these cases, courts may reject the eviction request.
Eviction Commitment: Validity and Invalidity Situations
An eviction commitment is a written document made between the tenant and the landlord in which the tenant accepts to vacate the property on a specific date. However, for this document to be considered valid, certain conditions must be met. In this article, you can learn details about valid and invalid eviction commitments.
Valid Eviction Commitment
A valid eviction commitment must be prepared in accordance with the relevant provisions of the Turkish Code of Obligations. Here are important points regarding a valid eviction commitment:
- Eviction Commitment Given After the Rental Agreement:
The written eviction commitment must be given after the signing of the rental agreement and while the rental relationship continues. - Eviction Commitment Given During the Extension Period:
An eviction commitment given during the extension (temdit) period following the initial rental agreement is considered valid. - Claim That Dates Were Written Later:
In an eviction commitment signed blank by the tenant and delivered to the landlord, it cannot be claimed that the dates were filled in later. - Preparation and Eviction Date:
The eviction commitment must include the preparation date and eviction date in writing. However, if it is clearly understood that the eviction commitment was given while the tenant was residing in the property, the absence of the preparation date does not affect the validity of the document. - Eviction Commitment Signed by an Attorney:
The tenant’s attorney can sign the eviction commitment if explicitly authorized by the tenant. In this case, the commitment is valid. - Conditional Eviction Commitment:
Conditionally prepared eviction commitments can also be considered valid. For example, commitments containing conditions such as “The property will be vacated when a main road is opened in front of the rented property” are valid.
Invalid Eviction Commitment
Eviction commitments prepared in the following situations are considered invalid:
- Eviction Commitment Given When Signing the Rental Agreement:
If the eviction commitment was given at the time of signing the rental agreement, it becomes invalid. For example, if the rental agreement is dated 01.01.2023 and the eviction commitment is also prepared on the same date, this commitment is not considered valid. - Only One of Multiple Tenants Signing:
If there is more than one tenant and the eviction commitment is signed by only one tenant, this document is invalid. - Eviction Commitment Given by Unauthorized Attorney or Company Official:
- Eviction commitments prepared by an unauthorized attorney are invalid.
- An eviction commitment obtained on behalf of a company by an unauthorized partner is also considered invalid.
- Defect of Will (Pressure, Threat, or Deception):
Eviction commitments obtained by vitiating the tenant’s will (for example, through threat or deception) are invalid. However, in this case, the tenant must file a lawsuit for the cancellation of the eviction commitment in accordance with Article 39 of the Turkish Code of Obligations. - Signing a New Rental Agreement:
If a new rental agreement is signed for the same property after the eviction commitment is signed, the previous eviction commitment becomes invalid.
Notarized and Simple Eviction Commitment
- Notarized Eviction Commitment:
In an eviction commitment prepared by a notary, the signature cannot be objected to. - Simple Eviction Commitment:
In a simple eviction commitment, the tenant can object to the signature. In this case, it is necessary to file a lawsuit for the removal of the objection and eviction in the Civil Court of Peace for eviction.
Eviction Commitment and New Rental Agreement
If a new rental agreement is prepared for the same property after an eviction commitment is given, the eviction commitment becomes invalid. For example:
- If an eviction commitment was given based on a rental agreement with a start date of 01.05.2019 and a duration of 5 years, this commitment becomes null and void if a new rental agreement is made between the same parties.
Eviction Commitment and Court Process
Details of eviction commitment and court process include many elements that need to be considered legally. Courts examine in detail whether the eviction commitment is valid. It is recommended that the eviction commitment be prepared with the help of a lawyer to prevent disputes between the landlord and the tenant.
Advantages and Disadvantages of Eviction Commitment
Advantages:
- The landlord can request eviction based solely on the eviction commitment without showing any other reason.
- The eviction process proceeds faster compared to other methods.
Disadvantages:
- The question what happens if the eviction commitment is not valid? can prolong the process. The court may invalidate the commitment due to missing elements.
- The tenant can claim that they signed under pressure.
What Should Be Considered When Preparing an Eviction Commitment?
How is an eviction commitment prepared? Here are important points to consider:
- The eviction commitment must be obtained after the property has been delivered to the tenant.
- When the tenant will vacate the property must be clearly stated.
- There should be no incomplete or misleading information in the document.
For the answer to the question how to write an eviction commitment sample?, you can contact our law office.
Points to Consider in the Eviction Process with Eviction Commitment
One of the most problematic issues in the relationship between landlord and tenant is eviction processes. How does the eviction process work with an eviction commitment? Taking the right steps in this process is critically important for the parties to protect their rights.
If you have questions such as how is a tenant evicted with an eviction commitment? or what are the conditions for an eviction commitment to be valid?, our office is pleased to provide you with legal support.
Conclusion
An eviction commitment is a document that facilitates the eviction of a property. However, to prepare a valid eviction commitment, it is necessary to act in accordance with legal requirements. Especially eviction commitments obtained before signing the rental agreement are invalid. It is important to consult a lawyer for the legal process to proceed smoothly.
Why Should You Choose Us?
- Expertise and Experience:
With our years of experience in eviction commitment, tenant eviction, and rental law processes, we offer you the most accurate solutions. We carefully follow every step to secure your rights. - Personalized Legal Solutions:
Every rental relationship is different and requires a special approach. We develop customized strategies for you and manage processes quickly and effectively. - Fast and Effective Solution Processes:
We professionally take all the necessary legal steps to achieve the tenant’s eviction with an eviction commitment in the shortest time. We are with you throughout the process. - Mastery of Supreme Court and Precedent Decisions:
We follow the most current Supreme Court decisions and precedent cases related to rental law and create the best legal strategy accordingly. - Strong Communication:
We inform you at every stage of the process and answer your questions. With our transparent and open communication policy, we make you feel that the legal process is under your control. - Result-Oriented Work:
Our goal is not only to manage legal processes but also to achieve positive results for our clients. We provide you with the best service with our success-oriented approach. - Local Knowledge and Experience:
We have extensive knowledge in the field of rental law in Ankara. We provide you with an advantage with our mastery of regional legislation and local practices. - Technical Support and Innovative Solutions:
We manage your processes with the most current methods by utilizing digital tools and technical support systems in rental law and eviction processes.
For detailed information about disputes between tenants and landlords, rental agreements, and eviction lawsuits, you can review our Ankara Rental Law and Eviction Lawyer page.
When you have any problems with eviction commitment, tenant eviction, or rental law, we are with you with our professional team. By choosing us, you can benefit from our expertise in the field of law and our result-oriented service approach. You can contact our office for detailed information!
