When Is an Eviction Undertaking Invalid in Türkiye?

An eviction undertaking (“tahliye taahhütnamesi” in Turkish) is a formal written declaration by a tenant, promising to vacate the rented property by a specific date. However, this document can become invalid under several circumstances. In this blog post, we will explore in detail the legal grounds under Turkish law that may render an eviction undertaking unenforceable and explain what both landlords and tenants should be aware of.

What Is an Eviction Undertaking?

An eviction undertaking is a document signed by the tenant in which they agree to vacate the rental property by a certain date. It is typically requested by the landlord during the lease signing process and retained as a form of security. Despite its frequent use, it is not always valid or enforceable.

Legal Basis of the Eviction Undertaking

Under the Turkish Code of Obligations, if a tenant voluntarily signs such an undertaking, the landlord may treat it as a binding legal commitment. However, courts evaluate the validity of the document based on how and when it was signed and under what conditions.

5 Common Legal Grounds for Invalidating an Eviction Undertaking

1. Lack of Proper Information

If the tenant was not adequately informed about their legal rights or the consequences of signing the undertaking, the document may be declared invalid. Full legal disclosure is essential.

2. Signed Under Duress or Pressure

If the undertaking was signed under coercion, threats, or pressure, it is not legally binding. Turkish courts are sensitive to issues of free will and consent.

3. Unclear or Incorrect Terms

Vague or incorrect information in the document, such as an unspecified date or conflicting clauses, can result in the undertaking being unenforceable.

4. Misleading Information Provided to the Tenant

If the landlord provided incorrect or misleading information that influenced the tenant’s decision to sign, the undertaking can be challenged in court.

5. Unlawful or Unfair Terms

If the content of the undertaking includes unlawful conditions (e.g., unreasonable eviction timelines, violating tenant rights), it may be deemed void.

Tenant’s Rights When an Eviction Undertaking Is Invalid

Right to Object

The tenant can formally object to the enforcement of the eviction undertaking, especially when any of the above issues are present.

Legal Remedies Through Court

Tenants have the right to file a lawsuit requesting the court to rule the undertaking invalid. If the court agrees, the landlord cannot rely on the document to evict the tenant.

Landlord’s Responsibilities When the Eviction Undertaking Is Invalid

Duty to Notify the Tenant

If the landlord becomes aware that the undertaking is invalid, they are expected to inform the tenant and avoid taking action based on the faulty document.

Compliance With Court Decisions

If the court rules the eviction undertaking invalid, the landlord must respect and implement the decision, even if it conflicts with their original plans.

How to Avoid Disputes Over Eviction Undertakings

Seek Legal Advice

Before signing or drafting an eviction undertaking, both parties should consult a legal professional. At Bayraktar Attorneys, we help both landlords and tenants navigate lease terms under Turkish law.

Clearly Define Terms

All dates, obligations, and conditions should be unambiguous and compliant with the law. This protects both parties and ensures enforceability.

Final Thoughts

Eviction undertakings play a major role in lease agreements in Türkiye. However, due to the strict conditions set by law, not all such undertakings are valid or enforceable. Improper information, coercion, misleading clauses, or unlawful terms may render these documents legally void. To prevent future disputes, both landlords and tenants are encouraged to seek legal counsel and ensure that every document complies with Turkish law.

Frequently Asked Questions

1. How long is an eviction undertaking valid in Türkiye?
It remains valid until the stated date, unless found invalid due to legal flaws.

2. Can a tenant object to the undertaking?
Yes. Tenants can file an objection if they believe it was signed under unlawful conditions.

3. Is an eviction letter signed under pressure valid?
No. Undertakings signed under duress are not legally enforceable.

4. What if there are errors in the document?
Errors or vague terms may invalidate the eviction undertaking.

5. What should I do if I signed a problematic eviction document?
Contact a lawyer immediately to assess your rights and options under Turkish law.