Termination based on the written evacuation commitment in the lease agreement

In Article 352/1 of the Turkish Code of Obligations No. 6098, a provision regarding eviction commitment is included as one of the ways for termination of residential and roofed workplace lease agreements through legal action. The eviction commitment is a pledge given by the tenant to the landowner stating that they will vacate the leased property on a specific date. In case the tenant fails to vacate the property on the specified date in the eviction commitment, the legislator grants certain rights to the landlord. Accordingly, based on the written eviction commitment, the landlord can initiate execution proceedings or eviction lawsuits against the tenant. By exercising these rights, the landlord can request both the termination of the lease agreement and the eviction of the leased property. The legislator has granted the landlord a statutory limitation period of one month from the date specified in the commitment to initiate execution proceedings or eviction lawsuits. However, for the landlord to exercise these rights, a valid eviction commitment must exist. For the eviction commitment to be valid, it must be in writing, provided by the tenant or their representative, specify the eviction date, and be made after the delivery of the leased property. If the tenant alleges that the eviction commitment is not valid, that there is a defect in consent, that the commitment was filled out by the landlord without their consent by signing a blank document, that the signature on the commitment is not theirs, or that the commitment was dated after the delivery of the property, it is their responsibility to prove such claims. Legal provisions, doctrinal opinions, and Supreme Court decisions related to the subject in Turkish law were evaluated in the study. After examining the definition, legal nature, and termination ways of lease agreements in general, as well as residential and roofed workplace leases, the study then analysed the written eviction commitment and the legal process based on such commitments. The aim of the study is to fully explain the concept of an eviction commitment.