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Conditions of Tenant's Eviction Commitment

Conditions of Tenant's Eviction Commitment

05 Ekim 2023

Eviction commitment letter obtained from the tenant is referred to in article 352 of the Turkish Code of Obligations. According to this regulation, the eviction commitment can be defined as the tenant's written declaration to the lessor to vacate the leased property on a certain date after the delivery of such property. This declaration appears as a unilateral declaration made by the tenant. With this undertaking, the tenant declares that he will evict the leased property after a certain period of time. What will happen if the tenant does not evict the leased property within the eviction period in this declaration is also regulated in the same article. According to this regulation, if the tenant does not vacate the leased property on the said date, the lessor may terminate the lease agreement within one month starting from this date, by applying for enforcement proceeding or by filing a lawsuit.

There are some validity conditions of the commitment for eviction, if these conditions are not complied with, the declaration will not be valid and based on this declaration, the tenant will not be required to vacate the leased property based on a justifiable reason. These conditions are that the eviction commitment is given after the leased property is delivered, the undertaking is made in writing by the tenant or the authorized person, and the undertaking includes the eviction date.

There are three conditions of eviction commitment:

Condition of Arrangement of the Leased After Delivery

The eviction commitment must be obtained after the delivery of the leased property to the tenant. The legislator sees the tenant in a weak position in the lease agreements, and for this reason, tries to bring protective provisions for the tenant. If the eviction commitment is signed before the leased property is delivered to the tenant, it is very likely that the tenant will be aggrieved, so it is foreseen that the eviction commitment will be made after the leased property is delivered to the tenant. Otherwise; that is, if the eviction commitment is signed before the leased property is delivered to the tenant, the undertaking will be deemed invalid. However, it should be noted that if the eviction commitment is made together with the lease agreement, the commitment will also be invalid.

Condition of Written and Arranged by Authorized Person

Another condition is that the eviction commitment must be in writing and must be made by the tenant or authorized person. It should be understood from this validity condition that an oral statement does not have any validity. Sometimes in lease agreements tenant can be more than one person, in such cases, it is worth noting that each tenant must make a commitment to vacate the leased property. Another point to be considered in terms of this condition is that the person who makes the commitment instead of the tenant should be the authorized person, if the person in question is not authorized, the commitment will not gain validity.

Condition of Eviction Date

The last condition for the eviction commitment to be valid is that the eviction date must be included in the commitment letter. In the aforementioned undertaking, the tenant must specify on which date he will vacate the leased property. Otherwise, the letter of commitment for eviction will not be valid.


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