The eviction undertaking, which is an important element of the tenant-lessee relationship, is a written commitment given by the lessee to vacate the immovable property on a certain date. With this document, the lease relationship may be terminated. However, the legal aspects and application of this document may raise various questions. In this article, we will shed light on common questions about the eviction undertaking and its legal aspects.
What is an eviction undertaking?
An eviction undertaking is a written commitment by the tenant to vacate the leased property on a certain date. This document, which is usually signed together with the lease agreement, shows when the tenant undertakes to vacate the property.
Is an eviction undertaking mandatory?
The eviction undertaking is not a mandatory element for the establishment of the lease relationship. In practice, some landlords try to condition the signing of the eviction undertaking for the establishment of the lease relationship. However, this issue affects the validity of the eviction undertaking, more precisely, it is a matter that renders the undertaking invalid. Since requiring an eviction undertaking for the establishment of the lease relationship will suppress the will of the tenant, the eviction undertaking will not be valid unless accepted by the tenant. As explained in the case law of the Court of Cassation, the fact that the date of the eviction undertaking and the commencement date of the lease agreement are the same dates (or very close dates) will render the undertaking invalid. In this case, the following question comes to mind; "If an eviction undertaking with blank dates is obtained, will the undertaking be valid?" This question will be answered below.
Is a release undertaking with blank dates valid?
Due to the invalidity of the eviction undertaking signed on the same date as the lease agreement, it has recently been preferred to sign an eviction undertaking with blank dates. In this case, it is necessary to take a look at the current case law.
When the relevant part of the decision of the Court of Cassation General Assembly of Civil Chambers numbered 2017/ 975 E. 2021/1108 K. is examined:
"As a rule, the party inferring/asserting rights in its favor from a fact is obliged to prove that fact (Art. 6 TCC)."
"In the case of an evacuation commitment signed by the tenant with blank dates during the execution of the lease agreement, the defense that the dates of this document were given as blank before the delivery of the leased premises and were completed later in violation of the agreement must be proven. In this way, that is, the subsequent completion of the issue and evacuation dates does not require the invalidity of the document, and the claim that these dates were completed in violation of the agreement must be proved by the lessee."
In the event that the tenant claims that the dates of the eviction undertaking are signed by the tenant in blank, and then the dates are filled in by the lessor and the eviction undertaking is processed, this claim must be proved by the tenant.
The tenant will be obliged to prove this claim before the court. Since the tenant, who does not have evidence to prove before the court, cannot prove his claim, his empty eviction undertaking will be deemed valid and eviction will take place. For these reasons, it is necessary to act carefully and diligently when giving or receiving an eviction undertaking.
Does the tenant have to leave if there is an eviction notice?
When the lessee signs the eviction undertaking whereby he undertakes to vacate the immovable property at the end of the lease agreement or at the end of a certain period of time, he is obliged to fulfill this undertaking. However, if the immovable is not vacated within the specified period, the lessor (lessor) may request eviction through execution.
If the tenant claims that the dates in the eviction notice were filled in later, does this claim need to be proven?
In the case of an evacuation commitment signed by the lessee with blank dates during the execution of the lease agreement, the defense that the dates of this document were given as blank before the delivery of the leased property and were completed later in violation of the agreement must be proven. In this way, in other words, the subsequent completion of the issue and evacuation dates does not require the invalidity of the document, and the claim that these dates were completed in violation of the agreement must be proved by the lessee (Kanık, p. 1293).
The defendant tenant who claims that the eviction undertaking was signed before the lease agreement is obliged to prove this claim.
What is the procedure if the tenant objects to the signature and eviction date on the eviction notice when the enforcement court is applied for the eviction of the tenant?
Unless it is based on a document officially issued by a notary public or whose date and signature are certified or affirmed, the eviction of the leased property cannot be requested from the enforcement court in case of objection to the signature and eviction date in the eviction commitment.
In case of objection to the signature in the written eviction undertaking, the annulment of the objection cannot be requested from the execution law court. In this case, the annulment of the objection will be carried out in the Civil Courts of Peace. In order for the objection to the signature to be accepted, the signature must be explicitly objected. Statements such as "he does not remember signing the document" are not accepted as a clear objection to the signature, and in this case, the annulment of the objection can be requested in the execution law courts.
In which case is the eviction undertaking invalid?
First of all, in order for the eviction undertaking to be valid, there must not be an infirmity of will. An infirmity of will indicates the existence of elements that prevent the execution of the document, and in such a case, the document is deemed invalid.
In the evacuation commitment, it is important to specify the date of evacuation and the date of evacuation. For the validity of the document, the date on which the leased property must be vacated must be clearly stated. Otherwise, the eviction undertaking is considered invalid and has no binding effect on the tenant's undertaking.
If the tenant does not vacate the leased premises by the eviction date specified in the eviction notice, the lessor has the right to file a lawsuit for eviction within 30 days. In this process, the date specified in the eviction notice is of great importance and is an important factor to be taken into account in order to protect the rights of the parties.
As a result, the validity and enforceability of an eviction undertaking depends on various legal conditions. Therefore, care must be taken in the process of drafting and implementing the document and ensuring that the rights of the parties are protected.
