What is the Purpose of an Eviction Undertaking?
An Eviction Undertaking is a declaration of intent by the tenant to vacate a specific leased property voluntarily. The Eviction Undertaking allows the lessor to terminate the lease agreement without needing any reason and without incurring any compensation liability.
According to Article 351/1 of the Turkish Code of Obligations, “If the tenant, after delivery of the leased property, has undertaken in writing to vacate the property by a certain date but fails to do so, the lessor may terminate the lease agreement within one month from that date by applying to enforcement offices or filing a lawsuit.”
As clearly stated in this provision of the Code of Obligations, through the Eviction Undertaking, the lessor can directly apply to the enforcement office for compulsory eviction or file an eviction lawsuit. However, certain conditions must be met for the leased property to be evicted based on the Eviction Undertaking.
What Are the Validity Requirements of an Eviction Undertaking?
In our legal system, the validity of an Eviction Undertaking is subject to certain conditions. Eviction Undertakings that do not meet these conditions or lack a legal basis are considered invalid.
First and foremost, the Eviction Undertaking must be in written form, and the declaration regarding the eviction of the relevant property must be given in writing without fail. The Eviction Undertaking may be made in a simple written form. Additionally, the commitment to vacate the property must be made either by the tenant personally or by a representative specifically authorized by the tenant. Therefore, Eviction Undertakings given by anyone other than the tenant (such as family members, etc.) are invalid.
Another essential condition for the validity of the Eviction Undertaking is that the date on which the property will be vacated must be clearly specified. Eviction Undertakings that do not clarify when the eviction will take place, or that use ambiguous language, are considered invalid.
The most important and practically challenging condition regarding the Eviction Undertaking is that it must be obtained after the delivery of the leased property. Eviction Undertakings made at the time of signing the lease agreement or before the lease agreement is concluded are considered invalid. According to our law, an Eviction Undertaking can only be obtained after the leased property has been delivered to the tenant and with the tenant’s consent. The purpose of this provision is to protect the tenant, who is considered the weaker party in the contract.
The Eviction Undertaking has the nature of a contract; therefore, if it is obtained through fraud, deception, or intimidation, it will be deemed defective in will and invalid.
It should also not be forgotten that if the landlord wishes to evict the tenant based on the Eviction Undertaking, the landlord must take legal action within one month from the agreed-upon date stated in the undertaking.How to Object to an Eviction Undertaking?
As mentioned above, an Eviction Undertaking is considered invalid unless it meets certain conditions. A tenant who believes that the Eviction Undertaking is invalid has the right to raise objections at any time. The tenant may file a lawsuit to have the invalidity of the undertaking recognized. The tenant also has the right to prove the invalidity of the undertaking with any kind of evidence.
Can an Eviction Undertaking Be Canceled?
Eviction Undertakings can always be canceled, provided that there is mutual consent between the parties. However, if any case of defect in consent occurs, the Eviction Undertaking can be unilaterally canceled. For example, an Eviction Undertaking given under coercion can be canceled within one year. It should be noted that this period is a statute of limitations.
Antalya Tenant Lawyer – Antalya Enforcement Lawyer
In tenant evictions based on an Eviction Undertaking, missing deadlines or performing invalid and incorrect procedural actions can lead to significant loss of rights and time. Therefore, it is extremely important to work with a lawyer during the relevant process.
As Antalya legal services, our law firm provides you with professional follow-up services in the field of Rental Law.
