Article 352 of the Turkish Code of Obligations regulates this matter. According to this article, if the tenant fails to fulfill the eviction commitment, the landlord may terminate the lease agreement by applying to enforcement or filing a lawsuit within one month from that date. The eviction commitment constitutes an exception to the legal restrictions introduced to protect tenants in residential and roofed commercial lease agreements. Therefore, for the eviction commitment to be valid, it must meet the conditions specified in the law.
In this article, the definition of the eviction commitment, validity requirements, eviction lawsuit based on the eviction commitment, and execution proceedings based on the eviction commitment will be examined.
Definition of the Eviction Commitment
The eviction commitment is a document in which the tenant undertakes in writing to vacate the leased property on a specified date. The eviction commitment is not part of the lease agreement. Independently of the lease agreement, it can be prepared after the delivery of the leased property. The eviction commitment is a document that explicitly demonstrates the tenant's intention to vacate the leased property and grants the landlord the right to eviction. The eviction commitment signifies the tenant's waiver of the protection granted to them by law. Therefore, for the eviction commitment to be valid, it must meet the conditions specified in the law.
Validity Requirements of the Eviction Commitment
For the eviction commitment to be valid, the following conditions must be met:
· The eviction commitment must be made in writing.
· The eviction commitment must be made after the delivery of the leased property.
· The eviction commitment must specify the date of eviction.
· The eviction commitment must be signed by the tenant.
· The eviction commitment must be made by the tenant without any defect of will.
· The eviction commitment must be delivered to the landlord.
1. Making the Eviction Commitment in Writing
Making the eviction commitment in writing is a requirement explicitly prescribed by law. This requirement is introduced to strengthen the evidentiary value of the eviction commitment and to ensure the protection of the tenant. Making the eviction commitment in writing does not necessitate it being done through a notary. Eviction commitments drafted in ordinary written form are also valid. However, there is a distinction between an eviction commitment made through a notary and one made in ordinary written form when eviction is requested through the enforcement office. If an objection is raised against the execution proceedings initiated upon the tenant's eviction request, the landlord, provided that they have not denied their signature on the eviction commitment made in ordinary written form or if the eviction commitment was made through a notary, can apply to the enforcement court to request the removal of the objection. However, if the landlord denies their signature on the eviction commitment made in ordinary written form, they cannot apply to the enforcement court to request the removal of the objection. In this case, the landlord is obliged to file an eviction lawsuit with the peace court.
2. Making the Eviction Commitment After the Delivery of the Leased Property
Making the eviction commitment after the delivery of the leased property is another validity requirement prescribed by law. This requirement aims to ensure that the eviction commitment is given independently of the lease agreement and demonstrates the tenant's decision made after seeing and using the leased property. Therefore, eviction commitments made before or on the same date as the conclusion of the lease agreement are invalid. Making the eviction commitment after the delivery of the leased property requires the actual delivery of the property. The delivery of the leased property means that the tenant has the opportunity to use the leased property. Therefore, eviction commitments made after the delivery of the leased property are valid in cases such as handing over the keys to the tenant or vacating the leased property on behalf of the tenant.
3. Specifying the Eviction Date in the Eviction Commitment
Specifying the eviction date in the eviction commitment is another validity requirement prescribed by law. This requirement ensures that the eviction commitment is precise and clear, determining when the landlord's right to eviction will arise. Specifying the eviction date in the eviction commitment means clearly writing the eviction date in terms of day, month, and year. If the eviction date in the eviction commitment is uncertain or contingent upon a specific event, the eviction commitment is invalid. For example, commitments such as "at the end of the lease agreement," "when I find another house," or "when I change my job" are not valid.
4. Signing of the Eviction Commitment by the Tenant
The requirement for the eviction commitment to be signed by the tenant is a condition indicating that the tenant clearly expresses the intention to vacate the leased property. This condition ensures that the eviction commitment is given by the tenant's free will and that the landlord's right to eviction is asserted against the correct person.
The signing of the eviction commitment by the tenant signifies that the commitment is given personally by the tenant. It cannot be given by the tenant's relatives or a third party. Additionally, if there are multiple tenants who are parties to the lease agreement, the eviction commitment must be signed by all tenants. It is not sufficient for only a portion of the tenants to sign the eviction commitment.
Furthermore, it is possible for the eviction commitment to be signed by a representative. However, for the eviction commitment to be signed by proxy, the tenant must specifically authorize the appointed representative to sign the eviction commitment. A general power of attorney is not sufficient; the power of attorney must explicitly state the authority to give an eviction commitment. Additionally, the power of attorney must be drawn up through a notary and delivered to the landlord.
5. Making the Eviction Commitment by the Tenant Without Defect of Will
The requirement for the eviction commitment to be made by the tenant without defect of will means that the tenant must give the eviction commitment without any impairments of will such as mistake, deception, or intimidation. This condition ensures that the eviction commitment is given by the tenant's free will and protects the tenant. If the tenant alleges that they gave the eviction commitment under a defect of will, they must prove this with written evidence.
6. Delivery of the Eviction Commitment to the Landlord
The requirement for the delivery of the eviction commitment to the landlord is one of the validity conditions of the eviction commitment. It signifies that the tenant must notify the landlord of the eviction commitment. This condition ensures that the eviction commitment becomes effective upon reaching the landlord and enables the landlord to exercise their right to eviction. If the tenant fails to deliver the eviction commitment to the landlord, the eviction commitment is considered invalid. Various methods can be employed for the delivery of the eviction commitment to the landlord, such as delivering it through a notary, sending it by registered mail, or handing it over to the landlord in person.
Execution Proceedings Based on the Eviction Commitment
Execution proceedings based on the eviction commitment are a method employed by the landlord to remove the tenant from the leased property without initiating any lawsuit. This method is also known as Sample 14 Eviction Order. It is possible through a contract in which the tenant undertakes in writing to vacate the leased property on a specified date. This contract should be prepared independently of the lease agreement and after the delivery of the leased property. With this contract, the landlord, if the tenant fails to vacate the leased property on the committed date, can terminate the lease agreement by applying to the enforcement office within one month from that date. This method provides an opportunity for the landlord to bypass the obligation to file an eviction lawsuit. The legal basis for this method is Article 272 of the Execution and Bankruptcy Law and Article 352/1 of the Turkish Code of Obligations.
Time Limit for Initiating Proceedings
In execution proceedings based on the eviction commitment, the time limit for initiating proceedings is one month from the end of the period specified in the eviction commitment. This period is of a barring nature. In other words, if no proceedings are initiated within this period, the landlord's right to eviction lapses. This period commences not from the end of the lease agreement but from the date the eviction commitment is made.
Finalization of Summary Eviction Proceedings
In execution proceedings based on the eviction commitment, upon the landlord's request, the enforcement office serves an eviction order to the tenant. The tenant has seven days to object to the enforcement office after receiving the eviction order. If the tenant does not object within this period, the summary eviction proceedings become finalized. In other words, the landlord's right to eviction becomes conclusive. The tenant is required to vacate and surrender the leased property within fifteen days from the service of the eviction order, as stated in paragraph three of the eviction order. If the tenant fails to vacate and surrender the leased property within this period, the enforcement office may forcibly remove the tenant from the leased property upon the landlord's request.
Objection to the Eviction Order
In execution proceedings based on the eviction commitment, if the tenant wishes to object to the eviction order, they must submit their objection to the enforcement office within seven days after the service of the eviction order, either in writing or orally. Such objection suspends the eviction proceedings. In other words, the landlord's right to eviction is put on hold. The tenant may object to the enforcement office by stating in their objection that the signature on the eviction commitment, the rental relationship, or the date section of the eviction commitment was left blank and later filled in against their will, even though they needed to rent the property due to necessity, indicating coercion under duress, and that these objections require adjudication, so the objection cancellation lawsuit will be heard in the General Court, namely the Peace Civil Court.
According to Article 275 of the Execution and Bankruptcy Law, "If the eviction request is based on a contract that has been drawn up ex officio by a notary public or has been confirmed by date and signature or admitted, and the tenant cannot provide evidence of the renewal or extension of the lease agreement of the same strength and nature, the objection is dismissed. Otherwise, the request for the dismissal of the objection is rejected." Therefore, if the eviction commitment is drawn up ex officio by a notary public or if the tenant does not object to the date or signature on the eviction commitment and cannot provide evidence of the renewal or extension of the lease agreement of the same strength and nature, a lawsuit for the dismissal of the objection can be filed against the tenant's objection to the enforcement office in the Execution Court.
Parties to the Proceedings
The parties to the execution proceedings based on the eviction commitment are the landlord and the tenant. The landlord initiates the enforcement proceedings by applying to the enforcement office based on the eviction commitment. The tenant can object to the enforcement proceedings or vacate the leased property. In case there are multiple landlords, the preparation of the enforcement request should take into account the mandatory joinder of necessary parties (litigation friends). In the event of the death of the landlord, it is crucial for the heirs to act jointly in submitting the enforcement request; otherwise, an eviction order cannot be issued against the tenant(s). If there are multiple tenants in the lease agreement, the landlord must include all tenants in the enforcement request.
Eviction Lawsuit Based on the Eviction Commitment
An eviction lawsuit based on the eviction commitment is a lawsuit initiated by the landlord in the Peace Civil Court (Sulh Hukuk Mahkemesi) based on the eviction commitment. In this lawsuit, the landlord requests the termination of the lease agreement and the tenant's eviction from the leased property. With the filing of the eviction lawsuit, the lease agreement terminates, and the lawsuit serves as a determination. The eviction lawsuit must be filed within one month from the end of the period specified in the eviction commitment. This period is of a barring nature.
Jurisdiction and Competent Court
The competent court for an eviction lawsuit based on the eviction commitment is the Peace Civil Court (Sulh Hukuk Mahkemesi). Unlike enforcement proceedings based on the eviction commitment, eviction lawsuits are heard in the general court, which is the Peace Civil Court. Therefore, eviction lawsuits may take longer compared to enforcement proceedings based on the eviction commitment. However, eviction lawsuits are a more secure method than enforcement proceedings based on the eviction commitment. This is because eviction lawsuits do not require the filing of a lawsuit for the cancellation of objection if the tenant objects. The competent court for an eviction lawsuit based on the eviction commitment is the Peace Civil Court in the jurisdiction where the leased property is located.
Parties to the Lawsuit
The parties to an eviction lawsuit based on the eviction commitment are the landlord and the tenant. The landlord initiates the lawsuit in the Peace Civil Court based on the eviction commitment. The tenant responds to the lawsuit as the defendant. In case there are multiple landlords, the preparation of the lawsuit petition should take into account the mandatory joinder of necessary parties. It is crucial for the heirs to act jointly in filing a lawsuit in the event of the landlord's death; otherwise, an eviction order cannot be issued against the tenant(s). If there are multiple tenants in the lease agreement, the landlord must include all tenants in the lawsuit petition.
Eviction based on the eviction commitment is a significant and complex matter in rental law. Compliance with the conditions, deadlines, and procedures prescribed by the law is essential. Otherwise, the landlord's right to eviction may be lost or delayed, and the tenant may be compelled to vacate the property despite an invalid eviction commitment. Therefore, seeking advice from a lawyer specialized in eviction based on the eviction commitment would be beneficial for both the landlord and the tenant.
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