Eviction undertaking

An eviction undertaking (tahliye taahhüdü in Turkish) is a residential or roofed-workplace renter's written commitment to vacate the rented property on a specific date. Its legal basis is Turkish Code of Obligations art. 352/I. When validly given, this undertaking allows the lessor to compel eviction even during the lease term.

Three validity conditions: (1) it must be in writing — verbal commitments produce no effect; (2) it must bear the parties' signatures; (3) it must be given AFTER the lease is concluded. An eviction undertaking signed simultaneously with the lease is treated as obtained under duress under Turkish Court of Cassation precedent and is invalid.

The most litigation-prone form in practice is an eviction undertaking signed at the same time as the lease but left with BLANK dates — the landlord then fills in the date much later, at a time of their choosing. Under Turkish Court of Cassation precedent, filling in the dates later does not by itself invalidate the undertaking; however, a tenant who claims the dates were filled in contrary to what was actually agreed (for example, that it was really signed simultaneously with the lease rather than afterward) must prove this with written evidence — a burden that is, in practice, difficult for the tenant to meet. For this reason, while a blank-dated undertaking tends to favor the landlord, it creates uncertainty and litigation risk for both sides once a dispute arises.

In practice, notarization is not legally required but is strongly recommended. If the renter later disputes their signature, notarization proves authenticity. Akitle's web-based signature is binding and audit-trailed but does not match notarization's evidentiary strength — therefore for eviction undertakings, notarization is recommended in addition to the Akitle flow.

If eviction is sought based on the undertaking, the lessor must file suit or initiate execution proceedings within one month of the agreed vacate date (TBK art. 352/I).