What is an Eviction Commitment?

An eviction commitment is a document in which the tenant declares in writing that they agree to vacate the property on a certain date. This commitment allows the landlord to take legal action if the tenant does not vacate.

Importance for Tenants and Landlords

An eviction commitment is crucial for preventing disputes at the end of the tenancy period between tenants and landlords. It provides tenants with a guarantee of accommodation until a certain date and ensures landlords that the property will be vacated at the end of the rental period.

Purpose and Scope of the Article

This article aims to explain the legal framework and validity conditions of the eviction commitment. It will also discuss the importance of the eviction commitment for tenants and landlords and how it should be used. The article will provide legal information within the framework of the relevant articles of the Turkish Code of Obligations and detail the subject with examples.

What is an Eviction Commitment?

Legal Definition

An eviction commitment is a document in which the tenant promises in writing to vacate the rented property on a specific date. Regulated under Article 352 of the Turkish Code of Obligations, this document sets the date the tenant will vacate the property and allows the landlord to take legal action when this date arrives.

When is it Used?

An eviction commitment is typically used to guarantee that the property will be vacated when the rental agreement is made or when the rental period ends.

This document allows the landlord to initiate legal proceedings if the tenant does not vacate the property at the end of the rental period.

Differences Between an Eviction Commitment and a Normal Rental Agreement

Scope and Purpose

A normal rental agreement determines the tenant’s right to use the property for a specific period and the rent amount, while an eviction commitment ensures that the tenant vacates the property on a specific date.

Validity Conditions

For an eviction commitment to be valid, the following conditions must be met:

Written Form: The eviction commitment must be in writing. Oral commitments are invalid.

Notary Approval: While not mandatory, notarized documents provide ease of proof in legal processes.

Date Specification: The commitment must clearly specify the eviction date, including the day, month, and year.

Free Will: The commitment must be signed by the tenant voluntarily, without any pressure.

Tenant Signature: The document must be signed by the tenant or their authorized representative.

After the Rental Agreement: The commitment must be made after the rental agreement and after the property is delivered to the tenant.

If any of these conditions are missing, the eviction commitment will be invalid. In particular, if the date is missing or incorrect, the document’s validity is nullified. An eviction commitment ensures legal security throughout the rental relationship and minimizes potential disputes between the parties.

How to Prepare an Eviction Commitment?

Sample Eviction Commitment

An eviction commitment can be prepared in both PDF and Word formats. Here is a sample eviction commitment:

EVICTION COMMITMENT

TENANT:
(Committer)

ID NUMBER:

LANDLORD:
(Property Owner)

ID NUMBER:

ADDRESS OF THE PROPERTY TO BE VACATED:

COMMITMENT DATE:

EVICTION DATE:

Content:

I hereby declare, without any need for warning or notification, that I will vacate the property at the above address, which I currently use as a tenant, unconditionally and without reservation, on the date specified above, in accordance with Articles 350, 351, and 352 of the Turkish Code of Obligations numbered 6098. I accept and commit to paying all the expenses that the above-mentioned property owner will incur by initiating enforcement proceedings and any damages that may arise from my delay in vacating the property, without the need for warning or notification.

… / … / …

Tenant (Committer):
Signature

Filling Out the Commitment

Title and Party Information: Write the title “EVICTION COMMITMENT” at the top of the document. Fill in the tenant and landlord’s name, ID number, and address details completely.

Commitment Date and Eviction Date: The commitment dates must be written completely, including the day, month, and year. The eviction date is when the tenant will vacate the property.

Content: The content of the document should include statements that the tenant will vacate the property on a specific date and that they will not cause any harm to the landlord.

Signature: The tenant (and if applicable, their representative) must sign the bottom of the document. This signature is mandatory for the validity of the commitment.

Notary Approval (Optional): While not mandatory, documents signed in the presence of a notary provide ease of proof in future legal disputes.

Points to Consider

Date: The commitment must include a specific eviction date. The date section should not be left blank or ambiguous.

Signature: The document must be signed by the tenant or their authorized representative. Lack of signature invalidates the commitment.

Notary Approval: Although not mandatory, notarization of the document strengthens its legal validity and provides ease of proof in legal processes.

Free Will: Ensure that the tenant signs the commitment voluntarily, without any pressure. Commitments signed under pressure may be considered invalid.

By following these steps and paying attention to the points mentioned, an eviction commitment can be prepared correctly and validly.

Eviction Process with an Eviction Commitment

Execution of Eviction Based on the Eviction Commitment

The eviction process based on an eviction commitment begins if the tenant does not vacate the property on the specified date. Here are the steps of this process:

1 – Application Based on the Commitment: If the tenant does not vacate the property on the date specified in the eviction commitment, the landlord can initiate enforcement proceedings or file a lawsuit within one month.

2 – Eviction Through Enforcement Proceedings:

The landlord applies to the enforcement office within one month from the committed date to initiate non-litigation enforcement proceedings.

The enforcement office notifies the tenant of the eviction order. The tenant has the right to object to this notification within seven days.

If the tenant does not object, the proceedings become final, and the enforcement office executes the eviction of the property.

3- Eviction Through a Lawsuit:

The landlord can file an eviction lawsuit based on the eviction commitment in the civil court of peace.

The lawsuit must be filed within one month from the date specified in the eviction commitment. This period is a statute of limitations, and if missed, the right to request eviction is lost.

The court may order the eviction of the tenant based on a valid eviction commitment.

Duration of the Eviction Process

The duration of the eviction process based on the eviction commitment varies depending on whether enforcement proceedings or a lawsuit are initiated:

Eviction Through Enforcement Proceedings: Enforcement proceedings are usually faster and can be completed in a few weeks to a few months.

Eviction Through a Lawsuit: Eviction lawsuits in court can take 6 months to 1 year, depending on the collection of evidence, hearing dates, and the court’s workload.

Execution of Enforcement Proceedings

The process of enforcement proceedings is carried out with the following steps:

Application: The landlord applies to the enforcement office within one month from the committed date to initiate non-litigation enforcement proceedings for eviction.

Eviction Order: The enforcement office sends an eviction order to the tenant, giving them a specific period to vacate the property.

Objection: The tenant can object to the eviction order within seven days. If an objection is made, the proceedings stop, and the landlord can apply to the enforcement court to have the objection lifted.

Eviction: If the tenant does not object or if the objection is lifted, the enforcement office forcibly evicts the tenant and delivers the property to the landlord.

By following these steps, the tenant can be evicted based on the eviction commitment.

Objection to the Eviction Commitment

Tenants’ Objection to the Eviction Commitment

Tenants have the right to object to the eviction commitment. Objections are generally made when enforcement proceedings are initiated or an eviction lawsuit is filed. The objection process is an important mechanism for protecting the tenant’s rights.

Objection Process and Legal Grounds

Objection to Enforcement Proceedings:

Objection to the Eviction Order: The tenant can object to the eviction order within seven days of its notification. The objection must be made in writing to the enforcement office.

Grounds for Objection: The tenant can claim that the commitment is invalid or that they signed the commitment under pressure. Other grounds for objection include denying the signature or claiming the commitment was made on an incorrect date.

Objection Through a Lawsuit:

Objection in the Eviction Lawsuit: The tenant can object to the validity of the commitment in the eviction lawsuit filed against them. This objection can be made by claiming that the commitment does not comply with formal requirements or that it does not meet validity conditions.

Legal Grounds: The tenant can base their objection on the relevant articles of the Turkish Code of Obligations and the jurisprudence of the Supreme Court. For example, if the commitment was signed simultaneously with the rental agreement, it could indicate that the tenant signed under pressure, invalidating the commitment.

Consequences of Objection

Suspension of Enforcement Proceedings: If the tenant objects to the enforcement proceedings, the proceedings are suspended. The landlord can apply to the enforcement court to have the objection lifted to continue the proceedings.

Court Decision: The court evaluates the tenant’s objection. If the objection is justified, the eviction request is denied, and the tenant continues to stay in the property.

Lifting of Objection: If the landlord’s request to lift the objection is accepted, the enforcement proceedings resume, and the tenant is evicted.

Rejection of Objection: If the court finds the tenant’s objection unjustified, it orders the tenant to vacate the property. The tenant must vacate the property within a specified period, failing which they will be forcibly evicted by the enforcement office.

Frequently Asked Questions About Eviction Commitments

Does the Eviction Commitment Have to Be Notarized?

Notarization of the eviction commitment is not mandatory. However, notarized commitments provide ease of proof in future legal disputes. Therefore, it is recommended to prepare a notarized document.

How Long is the Validity of an Eviction Commitment?

The validity of the eviction commitment continues until the eviction date specified in the commitment. After this date, the landlord must take action within one month to avoid losing the right to request eviction through enforcement or a lawsuit.

Is the Tenant Obligated to Sign an Eviction Commitment?

The tenant is not obligated to sign an eviction commitment. It is prepared by mutual agreement between the tenant and the landlord. The tenant can enter into a rental agreement without signing such a commitment.

What Happens if the Eviction Commitment is Invalid?

If the eviction commitment does not meet the validity conditions (e.g., if it was signed simultaneously with the rental agreement or lacks a signature), it is legally invalid. In this case, the landlord cannot initiate enforcement or lawsuit proceedings based on the commitment.

What Are the Advantages of a Notarized Eviction Commitment?

A notarized eviction commitment is an official document and provides ease of proof in legal processes. It becomes more difficult for the tenant to claim that the signature is not theirs, and the validity of the document is stronger.

Can the Eviction Commitment Have a Blank Date?

Leaving the date section blank does not alone affect the validity of the eviction commitment. However, if the commitment is filled in later with dates contrary to the agreement, the tenant must prove this with written evidence.

Can the Tenant Be Evicted Based on the Eviction Commitment?

Yes, the landlord can ensure the tenant’s eviction through enforcement proceedings or a lawsuit based on the eviction commitment. If the tenant does not vacate the property on the specified date, the landlord can take legal action.

What Happens If the Tenant Delays the Eviction Date?

If the tenant does not vacate the property on the date specified in the commitment, the landlord can initiate enforcement proceedings or file an eviction lawsuit to request the tenant’s eviction. In this case, the tenant is legally obliged to vacate the property.

What Are the Formal Requirements of an Eviction Commitment?

The eviction commitment must be in writing, signed by the tenant or their authorized representative, and specify the eviction date, including the day, month, and year. Additionally, the commitment must be signed voluntarily.

Conclusion

Importance of the Eviction Commitment

An eviction commitment is a legally binding document that provides clarity on the eviction of the property between tenants and landlords. It protects the rights of both the tenant and the landlord and prevents potential legal disputes. Therefore, it is crucial to prepare the eviction commitment correctly and completely.

Additional Advice

For Tenants:

1 – Before signing an eviction commitment, carefully review all the terms of the document and seek legal advice if necessary.

2 – Ensure that the commitment is not signed under pressure.

3 – Keep a copy of the signed document, and remember that notarization provides ease of proof.

For Landlords:

1 – When preparing an eviction commitment, ensure that all legal conditions are met.

2 – Prepare a notarized commitment to provide ease of proof in future legal processes.

3 – If the tenant does not vacate the property on the committed date, initiate enforcement proceedings or file a lawsuit within one month to protect your legal rights.