An eviction undertaking is a written commitment by a tenant to vacate the rented property on a specified date after it has been delivered to them. Article 352(1) of Turkish Code of Obligations No. 6098 sets out the conditions under which a lease may be terminated on the basis of such an undertaking. This article reviews the written form, the eviction date, the timing after delivery of the property and the landlord’s one-month filing period.
What conditions must an eviction undertaking meet?
Under Article 352(1) of the TCO, after the rented property has been delivered, the tenant must have undertaken in writing to the landlord to vacate it on a specific date and must nevertheless have failed to do so. The following points are particularly relevant:
- It must be in writing. The document must record the tenant’s intention to vacate on a specified date.
- It must be given after delivery of the rented property. The validity of a document obtained at the same time as the lease or before delivery should be examined separately.
- The eviction date must be specific. Wording that does not clearly identify a date, such as “at the end of the lease term,” may be insufficient.
- The document must be attributable to the tenant. The signature, document text and any representation relationship are assessed together with the evidence in the particular matter.
Eviction undertakings arise in residential and roofed workplace leases. The heading of a document is not conclusive; its wording and the circumstances in which it was prepared also matter.
Is an undertaking valid if signed on the same day as the lease?
Article 352(1) requires the undertaking to be given after delivery of the rented property. A commitment obtained when the lease is signed is therefore not automatically valid merely because it states a later eviction date.
In its decision dated 28 September 2021, the General Assembly of Civil Chambers of the Turkish Court of Cassation held that, in the circumstances before it, a tenant who alleged that blank dates had later been filled in contrary to the agreement had to prove that allegation. The decision was adopted by a majority; the dissenting opinion took a different view regarding a prior unification of case law and the burden of proof. Allegations concerning a document signed in blank must therefore be assessed in light of the evidence in each matter and the majority’s reasoning.
In its decision dated 18 June 2025, the 3rd Civil Chamber of the Turkish Court of Cassation did not treat a clause written at the time of contracting as sufficient on its own. It considered, together with the clause, a written response sent by the tenant after delivery that confirmed the specific date in the particular circumstances. The decision does not mean that every lease clause later becomes a valid undertaking; the content and circumstances of any later written statement must be assessed separately.
Must the eviction date be stated clearly?
Yes. The date on which the undertaking must be performed must be ascertainable and specific. The 12th Civil Chamber of the Turkish Court of Cassation found that a clause requiring the tenant to vacate “at the end of the lease term” was insufficient under Article 352(1) because it did not state the eviction date clearly. If it is alleged that the date was added later, the original document, signature, manner of completion and the parties’ other evidence may be important.
The landlord’s one-month filing period
If the tenant does not vacate on the promised date, the landlord must initiate enforcement proceedings or file a lawsuit within one month starting from that date. The period runs from the eviction date specified in the document, not from the date the undertaking was signed. In a particular matter, the start and end of the period should be calculated by considering the stated date and the applicable procedural rules.
The choice between enforcement proceedings and a lawsuit may depend on the form of the document, whether the signature is disputed and the circumstances of the matter. An eviction undertaking does not authorize a landlord to enter the property or forcibly remove a tenant. Eviction must take place through the applicable legal process and decisions.
Practical points to check
- Keep the lease and evidence of the date the property was delivered.
- Check the original undertaking, including its signature and date fields.
- Confirm that the document clearly states the eviction date.
- Do not miss the one-month period after the date stated in the undertaking.
- If the signature or later completion of the document is disputed, assess the allegations together with the evidence.
Frequently asked questions
Article 352(1) of the TCO requires a written undertaking. Whether a document must be notarized and how it may be considered in enforcement proceedings should be assessed in light of the requirements of the relevant proceedings and the particular matter.
If the eviction date is not specific, the document may fail to meet the condition in Article 352(1). The 12th Civil Chamber of the Turkish Court of Cassation found a statement referring only to the end of the lease term insufficient for that reason.
Under Article 352(1) of the TCO, the period begins on the eviction date stated in the undertaking. The landlord must initiate enforcement proceedings or file a lawsuit within that period.
Sources
- Turkish Code of Obligations No. 6098, Article 352(1)
- General Assembly of Civil Chambers of the Turkish Court of Cassation, E. 2017/975, K. 2021/1108, 28 September 2021
- 12th Civil Chamber of the Turkish Court of Cassation, E. 2020/1175, K. 2020/2309, 9 March 2020
- 3rd Civil Chamber of the Turkish Court of Cassation, E. 2024/4396, K. 2025/3416, 18 June 2025
This article is for general information and is not legal advice. Each matter should be assessed in light of its own documents and circumstances.
