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What is an Eviction Undertaking? What Are the Conditions for Validity? (2026 Guide)

A written eviction commitment is a document in which the tenant agrees in writing to vacate the leased property on a specific date. Primarily, an eviction commitment provides the landlord with a strong legal advantage. For this reason, it has become one of the most frequently used methods in rental disputes in 2026.


Under Which Law Is the Eviction Commitment Regulated?

The law regulates this subject explicitly. Specifically, Article 352 of the Turkish Code of Obligations serves as the basis for this document.

According to this article:

  • The tenant promises to vacate in writing
  • The tenant does not vacate the property on the specified date
  • The landlord initiates enforcement or legal proceedings

Consequently, an eviction commitment alone provides the possibility of eviction.


Validity Requirements for Eviction Commitment (2026)

Not every document is considered valid. Therefore, the law requires certain conditions.

1. Requirement to be in Writing

The tenant provides the commitment in writing.
Additionally, notarization increases its evidentiary weight.


2. Signing by the Tenant

The tenant signs the document personally.
Furthermore, if there is more than one tenant, all must sign.


3. Specific Eviction Date

The document must contain a clear date.
Therefore, vague expressions are considered invalid.


4. Provided After Handover

The tenant takes possession of the property.
Subsequently, they sign the eviction commitment.

👉 The most critical rule:
A commitment given before the contract is invalid.


What Happens If the Date Is Left Blank?

In practice, parties sometimes leave the date blank. However, this does not automatically result in invalidity.

  • Tenant proves it was left blank → the document becomes invalid
  • Cannot prove → the document is considered valid

Consequently, the burden of proof lies with the tenant.


Eviction Process Based on an Eviction Commitment

The landlord initiates the process quickly. Primarily, they wait for the commitment date. Then, if the tenant does not leave, they take action.

Options:

  • Eviction via enforcement proceedings
  • Eviction lawsuit

Therefore, the landlord uses two different paths.


Why Is the 1-Month Period Important?

The law explicitly defines the period. Specifically, this duration is a limitation period.

The landlord:

  • Initiates proceedings within 1 month from the eviction date

👉 If the deadline is missed:
The right is lost entirely.


Is a Conditional Eviction Commitment Valid?

Parties add conditions in some cases. For example, eviction is decided if rent is not paid.

Supreme Court practice:

  • A conditional commitment is accepted as valid
  • The document takes effect when the condition occurs

Consequently, conditional arrangements are possible.


How Does the Court Process Proceed?

The judge examines the specific case. Specifically, they look at these elements:

  • Is the signature valid
  • Is the date correct
  • Have the conditions been met

Therefore, the document serves as strong evidence.


The Advantage of an Eviction Commitment

This document provides a significant advantage to the landlord:

  • Does not require a cause for eviction
  • Accelerates the process
  • Provides ease of proof

Consequently, it is frequently preferred in practice.


Summary (2026 Updated)

✅ Eviction commitment → is strong evidence
⚖️ Validity → depends on specific conditions
⛔ If no action is taken within 1 month, the right is lost


Outgoing Links

https://www.turkiye.gov.tr

https://www.mevzuat.gov.tr

https://www.adalet.gov.tr

For Detailed Information, Please Contact Us!

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