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.

Penal Clause in Eviction Undertakings (Cezai Şartlı Tahliye Taahhüdü)

In practice, eviction undertakings may also include a penal clause, requiring the tenant to pay a specific amount if they fail to vacate the property on the agreed date.

Unlike the invalidity scenarios discussed above, it is important to emphasize that penal clauses in eviction undertakings are, in principle, legally valid under Turkish law.

According to the established case law of the Court of Cassation (Yargıtay), a tenant who does not vacate the property despite a valid eviction undertaking may be held liable for the agreed penalty.

For example, in a decision of the 6th Civil Chamber of the Court of Cassation (2013/16564 E., 2014/8813 K.), it was clearly stated that:

If the tenant fails to vacate the property in accordance with the eviction undertaking, the agreed penal clause becomes binding and may be enforced against the tenant.

This means that, as a general rule:

• Penal clauses bind the tenant

• The landlord may claim the penalty in addition to rent

• Courts may enforce such clauses if the undertaking itself is valid

However, Turkish law also provides an important safeguard.

Under Article 182 of the Turkish Code of Obligations:

• The parties are free to determine the amount of the penalty

• The judge has the authority to reduce the penalty if it is deemed excessive

Therefore, even though the penal clause is valid:

• If the amount is disproportionate or oppressive,

• The court may reduce it to a fair level

In addition, in certain exceptional cases, penal clauses may be deemed invalid if they are designed to:

• Circumvent mandatory tenant protection rules

• Force eviction in a way that contradicts public policy

As seen in Court of Cassation decisions, clauses that aim to override statutory tenant protections rather than regulate compensation may be considered unenforceable.

Key Takeaway

This blog primarily focuses on the invalidity of eviction undertakings, but it is crucial to distinguish that:

• The existence of a penal clause does not make the undertaking invalid

• On the contrary, it is generally a valid and enforceable contractual mechanism

• The main legal risk lies in excessive or abusive penalty amounts, not in the clause itself

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.

Validity of Blank Eviction Undertakings Under Turkish Law

According to the consistent case law of the Turkish Court of Cassation (Yargıtay), an eviction undertaking that is signed in blank (undated or with missing elements) and delivered to the landlord is considered legally valid.

By signing a blank document, the tenant is deemed to have given prior consent to the completion of its contents at a later stage, and therefore becomes bound by the eviction commitment set forth in that document.

Key Court of Cassation Principles and Details

Validity
As long as the signature is not denied, the fact that the document was initially signed in blank does not affect its validity. Filling in the missing parts afterwards does not change the legal outcome.

Burden of Proof
Any claim that the undertaking was signed in blank or obtained under pressure must be proven by the tenant with written evidence. Allegations alone are not sufficient.

Signature Date Requirement
The eviction undertaking should not be signed on the same date as the lease agreement. Undertakings signed on the same day as the lease may be considered invalid by the courts.

Time Limit for Enforcement
The landlord must initiate enforcement proceedings or file a lawsuit within one month from the eviction date specified in the undertaking.

Summary

In summary, a blank eviction undertaking that you have signed can legally bind you. The landlord may complete the document later and rely on it to request eviction.

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.

Also Read; Navigating renovation-related evictions in Turkey

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.