What Is an Eviction Undertaking and When Is It Valid?

Author: Att. Ahmet Bertuğ Dönmez Date: 4 September 20261 min read

An eviction undertaking is a document in which the tenant undertakes in writing to vacate the property on a specific date. It gives the landlord a fast route to eviction, while its consequences for the tenant can be severe.

Validity conditions

• The undertaking must be in writing.
• It must be given after the property has been handed over to the tenant (TBK Art. 352/1). An undertaking taken with the contract, before handover, risks being invalid under this tenant-protection rule.
• The vacating date must be specific.
• It must be given freely; it may be argued that it was signed under pressure.

How is eviction requested?

If the tenant does not vacate on the undertaken date, the landlord may request eviction within one month of that date by starting enforcement proceedings or filing a case (TBK Art. 352/1). Eviction through enforcement follows Articles 272 et seq. of the Enforcement and Bankruptcy Law.

If the one-month period is missed, eviction cannot be based on the undertaking; the lease remains subject to the other grounds in the law.

Sources

• Turkish Code of Obligations No. 6098, Art. 352
• Enforcement and Bankruptcy Law No. 2004, Arts. 272 et seq.