(Conditions for Eviction Undertaking According to TBK Article 352, with Supreme Court Decisions)
1. Fundamental Validity Conditions of an Eviction Undertaking
Pursuant to Article 352/1 of the Turkish Code of Obligations (TBK) no. 6098 and established judicial precedents, for an eviction undertaking to be considered valid, the following conditions must be met concurrently:
Written Form Requirement: The eviction undertaking must absolutely be made in writing (Supreme Court 3rd Civil Chamber, 2024/4396 M., 2025/3416 D D.). It can be made in ordinary written form, or it can be drawn up or approved by a notary public.
Given After the Delivery of the Leased Property: The most critical condition for the validity of the undertaking is that it must have been given after the leased property has been delivered to the tenant. Undertakings taken on the same date as the lease agreement or before the agreement was established are void on the grounds that they are not based on the tenant’s free will (Supreme Court 8th Civil Chamber, 2017/4711 M.; Supreme Court 6th Civil Chamber, 2015/7505 M. D).
Must Contain a Specific Eviction Date: The undertaking must clearly and explicitly state the date on which the property will be vacated. Documents that do not specify an eviction date are not considered a valid undertaking within the meaning of TBK Article 352 (Supreme Court 12th Civil Chamber, 2020/1175 M., 2020/2309 D.).
Given with Free Will: It is a condition that the undertaking must be given with the free will of the tenant, while the tenant is occupying the leased property and without any coercion (duress) (Supreme Court 6th Civil Chamber, 2010/1162 E.
2. Points to Consider in Light of Concrete Court Decisions
A. Relationship Between Drafting Date and Eviction Date
Leaving the drafting date blank or filling it in later in an eviction undertaking is not a reason for invalidity by itself. According to the 6th Civil Chamber of the Supreme Court (2009/11095 E. K), the person who signs a blank paper must bear the consequences; therefore, the claim that the dates were filled in later is considered valid unless proven otherwise with a written document of equal strength. However, if the drafting date (especially the year digit) is completely indeterminate, it renders the document unusable for enforcement proceedings (Bakırköy 4th Civil Court of Peace, 2019/1559 E. K).
B. Effect of a New Lease Agreement
If a new lease agreement is drawn up between the parties after an eviction undertaking is given, covering the committed date as well, the previous eviction undertaking becomes null and void (Supreme Court 6th Civil Chamber, 2012/9893 E. k; Supreme Court 8th Civil Chamber, 2017/1615 E.
C. Conditional Eviction Undertakings
An eviction undertaking can be made subject to a specific condition. In this case, the undertaking becomes effective upon the fulfillment of the condition. For example, an undertaking conditional on a zoning plan amendment becomes valid when the condition is met (Supreme Court 6th Civil Chamber, 2010/11371 E. K).
D. Period for Filing a Lawsuit and Jurisdiction
An eviction lawsuit or enforcement proceeding based on an eviction undertaking must be initiated within one month following the promised date (Turkish Code of Obligations 352/1). This period is a preclusion period (loss of rights). Furthermore, the right to sue generally belongs to the landlord; however, the new owner may rely on this undertaking as the successor to the former owner (Supreme Court 6th Civil Chamber, 2011/1107 E.).
3. Burden of Proof and Objections
Objection to Signature and Date: If an objection is raised regarding the signature or date in an ordinary written undertaking, the dispute requires litigation, and the annulment of the objection cannot be sought in the enforcement court (Supreme Court 8th Civil Chamber, 2017/4070 E. K; Supreme Court 6th Civil Chamber, 2012/18349 E. K).
Claim of Coercion and Duress: If the tenant claims that they gave the undertaking under coercion, they must file a lawsuit for annulment within one year, in accordance with Article 39 of the Turkish Code of Obligations. Undertakings not annulled within this period are considered valid (Supreme Court 6th Civil Chamber, 2015/792 E. ; Regional Court of Justice Adana 10th Civil Chamber, 2019/3147 E.).
4. Secondary Sources and Additional Context
The following points have been considered as secondary sources due to limited information found in the decision texts:
Family Residence Claim: It has been stated that if the leased property is a family residence and the spouse who is not a party to the contract has not notified the lessor, spousal consent may not be required for the eviction undertaking (BAM İstanbul 36. HD, 2022/2861 E. K).
Privatization and Protocols: It has been stated that provisions such as “eviction in case of privatization” found in protocols made with state economic enterprises may also lead to results similar to an eviction undertaking, but the originals of such documents and their compliance with Supreme Court precedents should be meticulously examined (İstanbul 7. ATM, 2018/402 E. K).
Conclusion: The validity of an eviction undertaking depends on the cumulative presence of the elements of written form, being given after delivery of the property, a specific date, and free will. It is particularly critical that the date of execution is after the lease agreement date and that legal action is initiated within the one-month statutory period to prevent loss of rights.
Kira sözleşmesiyle aynı gün alınan tahliye taahhüdü geçerli midir?
Hayır. Yargıtay’ın yerleşik içtihadına göre, kira sözleşmesiyle aynı tarihte veya teslimden önce alınan tahliye taahhütleri kesin olarak geçersizdir. Gerekçe; kiracının henüz taşınmazı fiilen kullanmıyor olması nedeniyle serbest iradesinin bulunmamasıdır.
Tahliye taahhüdünde tarih sonradan doldurulmuşsa geçersiz olur mu?
Hayır, her durumda geçersiz olmaz. Kiracı boş bir belgeyi imzaladığını kabul ediyorsa, sonradan doldurulan tarihe katlanmak zorundadır. Ancak: Tarih tamamen belirsizse, yıl hanesi yoksa, çelişkili tarihler varsa
bu durumda belge icra takibine konu edilemez ve tahliye talebi reddedilir.
Tahliye taahhüdünden sonra yeni kira sözleşmesi yapılırsa ne olur?
Tahliye taahhüdü hükümsüz hale gelir. Yargıtay’a göre, taahhüt edilen tahliye tarihini de kapsayan yeni bir kira sözleşmesi, önceki tahliye iradesini ortadan kaldırır. Bu durum, kiraya verenler açısından en sık yapılan ve geri dönülmez hatalardan biridir.
Tahliye taahhüdüne dayanarak ne kadar sürede dava açılmalıdır?
Tahliye taahhüdünde belirtilen tarihten itibaren 1 ay içinde:
Tahliye davası açılmalı veya İcra takibi başlatılmalıdır. Bu süre hak düşürücü süredir. Bir gün dahi geçilmesi, tahliye hakkını tamamen ortadan kaldırır.
Why is Expert Lawyer Support Necessary?
Eviction undertaking cases, though seemingly simple, are in practice one of the most frequently rejected types of lawsuits. The main reasons for this are:
Proof of whether the undertaking was obtained before delivery
Date of execution – date of eviction discrepancies
The new lease agreement rendering the undertaking invalid
Missing the 1-month forfeiture period
Improperly raising objections concerning signature, date, and coercion (duress). In Supreme Court practice, there are numerous rulings where a rental relationship, lasting for years, continued due to a minor formal error.
Therefore; if a lawsuit or enforcement proceeding based on an eviction undertaking is planned in the Istanbul – Tuzla – Kartal – Pendik – Tepeören – Gebze – Çayırova region, having the process managed by an expert lawyer from the very beginning prevents loss of rights. Specifically, 2M Law Office securely manages the process in eviction undertakings, rental law, and enforcement processes with strategic case management based on Supreme Court precedents.
