Evacuation of the leased place in residential and roofed workplace rentals based on written evacuation commitment

As the most common type of lease agreements in practice, residential and roofed workplace lease agreements are regulated between ''Articles 339 - 356 of the Turkish Code of Obligations No. 6098''. The provisions on residential and roofed workplace leases aim to protect the lessee, who is considered to be the weaker party of the contract. In particular, the fact that the termination of the contractual relationship between the parties is subject to extremely severe conditions for the lessor, compared to the lessee, leads us to this conclusion. In the Turkish Code of Obligations, the provisions regarding the termination of the residential and roofed workplace lease agreement are specifically included in the articles 347-356 of the law as "By Notification" and "By Lawsuit" termination. In the evacuation of immovables in residential and roofed workplace leases, especially termination by litigation is a frequently used method among these regulations in the law. The reasons for termination through litigation are divided into two in the law as "those arising from the lessor" and "those arising from the lessee". The written eviction commitment is the most important reason arising from the tenant. The tenant's written eviction commitment, which is regulated in Article 352/I of the Turkish Code of Obligations No. 6098, which entered into force on 01/07/2012, was previously regulated in paragraph a of Article 7/I of the abrogated Law No. 6570 on Real Estate Leases. The Turkish Code of Obligations No. 6098, taking into consideration the doctrinal criticisms and the practices of the Court of Cassation during the abrogated law period, has re-regulated this reason for termination. The written eviction commitment gives the lessor the right to apply for enforcement action or file a lawsuit in order to terminate the contract and evacuate the immovable property within 1 month from the day specified in the commitment by the lessee. In other words, the existence of a written eviction undertaking does not automatically terminate the lease agreement on the eviction date specified in the undertaking. In this thesis, the evacuation of the leased premises based on a written eviction undertaking within the scope of a residential and roofed workplace lease agreement is analyzed. In this study, the application area of the written eviction undertaking, the conditions that a valid undertaking must bear, the methods of terminating the lease agreement based on the written eviction undertaking and the eviction are evaluated. On the other hand, the mediation institution, which has become mandatory for disputes arising from the lease relationship as of 01.09.2023 and is a condition of litigation, has also been discussed.