What is an Evacuation Undertaking?
Contract to Evacuate is a declaration of intent by which the tenant undertakes to vacate a particular leased property with his/her consent. The evacuation letter provides the lessor with the opportunity to terminate the lease agreement without any reason and without any indemnity burden.
In our Law, Turkish Code of Obligations Article 351/1 states that "If the lessee has not vacated the leased property on a certain date, after the delivery of the leased property, despite the fact that he has undertaken to vacate the leased property in writing on a certain date, the lessor shall terminate the lease agreement within one month starting from this date by applying for enforcement or filing a lawsuit. can make it." given in the form.
As it is clearly understood from the article in the Code of Obligations, the lessor may apply for a forced execution or file an eviction lawsuit by directly applying to the enforcement office for the eviction of the leased person. However, certain conditions must be met in order for the leased person to be evacuated with the Evacuation Undertaking.What are the Validity Conditions of the Release Undertaking?
In our law, the validity of the eviction undertaking is subject to certain conditions. Evacuation undertakings that do not meet certain conditions and have no legal basis are invalid.
First of all, the evacuation undertaking is subject to written form and the declaration that the immovable in question will be evacuated must be given in writing. The commitment to evacuate may have been made in ordinary writing. In addition, the commitment that the leased property will be vacated can be given by the tenant himself or by his representative appointed by the tenant. For this reason, evacuation undertakings (family members, etc.) given outside the tenant are invalid.Another condition that must be met in order for the Evacuation Commitment to be considered valid is that the date on which the immovable will be evacuated must be specified in the evacuation undertaking. Evacuation undertakings that are not understood when the evacuation will take place or that are expressed in vague terms are considered invalid.
The most important condition regarding the evacuation contract and the most problematic condition in practice is that the evacuation commitment must be received after the delivery of the leased person. Evacuation commitments given during the signing of the lease contract or before the establishment of the lease contract are considered invalid. According to our law, the commitment to evict can only be obtained with the consent of the lessee after the delivery of the leased property to the lessee. The purpose of this provision is to protect the lessee, who is considered the weak party of the contract. The contract of evacuation has the characteristics of a contract. Therefore, if it is taken by cheating, deception or intimidation, a disability of will will occur and will be considered invalid.
In addition, it should not be forgotten that in case the tenant is asked to be evicted with the commitment to evict, the lessor must reflect his will on the legal ground within one month from the committed date.How to Objection to the Commitment to Evacuation?
As we mentioned above, the evacuation letter is invalid unless it contains certain conditions. The tenant, who thinks that the eviction contract is invalid, has the right to raise his objections to it at any time. The lessee may file a determination suit for the invalidity of the relevant undertaking. The tenant has the right to prove the invalidity of the undertaking, which he considers to be invalid, with all kinds of evidence.Can an Evacuation Commitment Be Canceled?
Although it is always possible to cancel the evacuation undertakings, it is stipulated that the joint will of the parties agree in this direction. However, if any of the conditions of disability of will are found, the contract of discharge can be canceled unilaterally. For example, an eviction commitment made using force can be canceled within a 1-year period. It should be noted that this period is the period of disqualification.
Footnote
It is extremely important to work with a lawyer in the relevant process, as missing the deadlines or making invalid and incorrect procedural actions in the tenant's eviction with the Evacuation Undertaking can lead to huge loss of rights and time. In our law office, we offer you professional follow-up services in the field of Rental Law.
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