What is an Eviction Undertaking?
An eviction undertaking, also known as "Tahliye Taahhütnamesi" in Turkish, includes a promise to evict the lessor without notice. The lessor is not required to sign by law. The parties may, however, decide to reach an agreement and set a date for the eviction undertaking. This is true for parties who act strategically.
When Should the Eviction Undertaking Be Obtained?
The eviction undertaking must be obtained after the lease agreement is signed and delivered. If the tenant does not accept this undertaking, it is null and void. Because the Supreme Court's decision here is aimed at protecting the tenant in need and accepting that he has signed it compulsorily in the event of a mental disability.
If an eviction undertaking is obtained in conjunction with the lease agreement, a disability will be presumed. Otherwise, the lessor must demonstrate that there is no fraud, confession, or error in the subsequent undertakings.
What Happens If the Vacant Eviction Undertaking Is Signed?
It is the case of having the tenant sign a text that causes legal disputes and is determined without the need for notice and warning and undertakes that the house will be evicted by leaving the date section blank. The priority here is whether or not the signature on the undertaking belongs to the tenant. It will be considered correct as long as the tenant does not object to the signature. The Court of Cassation believes that if the tenant signs the blank undertaking, he should face the consequences and be evicted.
This letter, however, is almost meaningless to foreigners because it must be notarized when signed in order to be legally binding. You could also argue that it is not your signature, which is the most common legal defence.
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Is the Eviction Undertaking Legally Cancelled?
- Even if the date arrives, the lessor may not compel the tenant to vacate. The eviction and eviction proceedings must be filed within one month of the eviction date. To prevent arbitrary behavior by the lessor, this eliminates the possibility of terminating the lease agreement without providing reasons.
- In the case of eviction proceedings, disputes and eviction cases should be thoroughly examined in terms of declarations, durations, and objections, and decisions should be made within the scope of the Court of Cassation's decisions. Obtaining legal advice prevents the loss of rights during this process, and the possibility of lawyers serving as peacekeepers must be considered.
- The tenant has the option to terminate or continue the lease at the end of the term. The tenant may continue to use the property as long as he or she pays the rent.
- However, unless an eviction undertaking is provided, the lessor has no right to terminate. The eviction undertaking guarantees that the tenant vacates the immovable property by filing an eviction case or going through the execution office.
- Legal counsel would be beneficial in both types of processes. The magistrate's court will hear the eviction case. The case is heard in the plaintiff's home state.
Conditions for the Validity of the Eviction Undertaking
The eviction undertaking will be considered invalid if any of the following conditions are not met. As a result, it is critical to pay close attention to the following substances:
- It must be written and, if possible, notarized.
- The eviction undertaking must include a date for the immovable property to be vacated.
- The person's will must be free, not disabled or crippled.
- An eviction undertaking is considered invalid if it is issued at the time of signing or prior to the lease agreement. It is proper to have the eviction notice signed after delivery. Both parties have the right to cancel the eviction agreement at any time.
- If a penalty clause is specified in the undertaking, he is obligated to pay the sum of the daily specified amount up to the number of days overstayed.
All transactions take place in the notary's office.
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