Eviction Undertaking in Turkey: Strict Validity Rules under TBK 352 and Fast-Track Execution under EBL 272

In Turkish tenancy law, residential and commercial leases are heavily protected by mandatory tenant-protection provisions under the Turkish Code of Obligations (TBK No. 6098). Under TBK Article 347, a fixed-term lease of a residence or roofed business premises is deemed extended for one year on the same terms unless the tenant gives notice at least fifteen days before it ends, and the landlord cannot end the lease by relying on the expiry of the term; only after the ten-year extension period may the landlord terminate without giving a reason, by notice at least three months before the end of each following extension year. One of the few ways around this renewal is a validly executed Written Eviction Undertaking (Tahliye Taahhütnamesi) pursuant to TBK Article 352/1.

1. Statutory Foundations of Eviction Undertakings: TBK Art. 352/1

Under Article 352, paragraph 1 of the Turkish Code of Obligations: 'If the tenant, after the delivery of the leased property, undertakes in writing toward the landlord to vacate the premises on a specific date, but fails to do so, the landlord may terminate the lease agreement within one month starting from that date by applying for execution or by filing a lawsuit.'

Read against the text of Article 352(1), an eviction undertaking has to satisfy four conditions:

1. Written Form (Yazılı Şekil): The undertaking must be in writing and signed by the tenant or by someone with authority to bind the tenant.
2. Post-Delivery Execution (Teslimden Sonra Verilme): The statute covers only an undertaking given after the leased property has been delivered to the tenant. An undertaking signed before handover — typically one signed together with the lease — does not meet that condition.
3. Definite Eviction Date (Belirli Tahliye Tarihi): The document must state a specific date on which the premises will be vacated.
4. Given to the Landlord: The statute speaks of an undertaking given to the landlord (kiraya veren), meaning the lessor under the lease, who is not necessarily the registered owner.

2. Comparative Enforcement Routes: EBL Art. 272 vs. Civil Lawsuit

When the promised eviction date arrives and the tenant refuses to surrender keys, the landlord has two distinct procedural pathways:

3. The Execution Procedure under EBL Article 272

Article 352(1) lets the landlord apply for enforcement (icraya başvurmak). The enforcement route runs through the eviction-order procedure for leased immovables in Articles 272 to 275 of the Turkish Enforcement and Bankruptcy Law (EBL No. 2004): the landlord files an execution request with the original undertaking, and the enforcement office serves an Eviction Order (Tahliye Emri) on the tenant. Under Articles 272 and 274, the order gives the tenant fifteen days to vacate and seven days from service to object. Those two short periods only start once the order has reached the tenant, which is the step that most often slips where the tenant is a foreign national; our guide on serving eviction notices on foreign tenants in Istanbul follows that problem through.

If no objection is lodged within the seven days, or the objection is removed, Article 273 has the property vacated by force and delivered to the landlord once the fifteen-day period in the order has run; goods in the property that do not belong to the landlord are dealt with under Article 26.

4. Standard Tenant Defenses and Counter-Strategies

Three objections come up in these proceedings:

• Denial of Signature (İmza İnkârı): The tenant says the signature is not theirs. Under EBL Article 275, the enforcement court removes an objection only where the request rests on a document drawn up by a notary, or whose date and signature a notary has certified, or which the tenant admits, and the tenant cannot show a document of the same force proving renewal or extension. Otherwise the request is rejected and the landlord must go to court under the general rules, where a denied signature is examined under HMK Articles 208 to 211, with an expert if needed.
• Blank Signature Defense (Açığa İmza): The tenant admits the signature but says a blank sheet was signed at the start of the lease and filled in later. That is a factual dispute the court decides on the evidence; it is avoided by having the undertaking drawn up by a notary, or its date and signature certified by one, after handover.
• Family Residence Defense (Aile Konutu TMK Art. 194): Article 194 of the Civil Code bars a spouse from terminating the lease of the family home, or restricting rights over it, without the other spouse's express consent (açık rıza); an undertaking signed by one spouse alone invites that objection.

5. Strategic Checklist for Landlords and Property Investors

1. Have the undertaking drawn up by a Turkish notary (Noter), or its date and signature certified by one, so that it is the kind of document on which EBL Article 275 lets the enforcement court remove an objection.
2. Take the undertaking after the property has been handed over, on a separate date from the lease, and keep a dated handover record.
3. Calendar the one-month period that starts on the promised vacating date.
4. For married tenants, obtain the written signature and explicit consent of both spouses pursuant to TMK Art. 194.

6. Strict Formal Requirements for Commercial Lease Undertakings

In commercial leases involving Turkish corporate tenants (limited liability companies and joint-stock corporations), eviction undertakings must be signed by persons authorised to represent the company. For a joint-stock company, Turkish Commercial Code (TTK) Articles 370 and 371 give representation to the board of directors or those to whom it delegates it, and the registered signature circular (İmza Sirküleri) shows who they are. A document signed by someone without authority binds the company only if the company ratifies it (TBK Article 46).

Landlords should therefore check that the corporate signatory held representation authority on the date of signing, and attach a notarized copy of the corporate signature circular directly to the eviction undertaking at the time of execution.

7. Eviction of Joint Tenants and Spousal Protections under TMK Art. 194

Where several tenants are named on the lease, take the undertaking from each of them: Article 352(1) speaks of the tenant's own written undertaking, and an undertaking signed by only one co-tenant invites the argument that it does not bind the others.

Moreover, under Turkish Civil Code (TMK) Article 194 a spouse may not terminate the lease of the family home (Aile Konutu) or restrict rights over it without the other spouse's express consent, and a spouse who is not a party to the lease becomes one by notifying the landlord. If the leased premises are a married couple's home, an undertaking signed by the contracting spouse alone is open to challenge on that ground; landlords should have both spouses sign, or obtain the other spouse's written consent.

8. Procedural Roadmap: Step-by-Step Eviction under EBL Art. 272

1. Step 1 — Title and Commitment Verification: As soon as the promised date passes, confirm that the applicant is the landlord under the lease and that the original undertaking is in hand.
2. Step 2 — Filing the Execution Request (Takip Talebi): Submit the formal execution request to the competent Enforcement Office (İcra Dairesi) within one month of the promised date.
3. Step 3 — Service of Eviction Order (Tahliye Emri): The enforcement office serves the eviction order, giving 15 days to vacate and 7 days to object (EBL Articles 272 and 274).
4. Step 4 — Finalization or Summary Hearing: If there is no objection within 7 days, ask the enforcement office to carry out the eviction once the 15 days have run (Article 273). If the tenant objects, apply to the Enforcement Court to remove the objection under EBL Art. 275, which is available where the undertaking is a notarial or notarially certified document, or one the tenant admits.
5. Step 5 — Physical Execution & Handover: The enforcement officer vacates the property and delivers it to the landlord; goods left inside are handled under EBL Article 26.

9. When the Tenant Objects: Enforcement Court or Civil Court

An objection to the eviction order stops the eviction (EBL Article 274). What the landlord does next depends on the document:

• Removal of Objection before the Enforcement Court (İtirazın Kaldırılması - EBL Art. 275): Where the request rests on a document drawn up by a notary, or whose date and signature a notary has certified, or which the tenant admits, and the tenant cannot produce a document of the same force showing that the lease was renewed or extended, the Enforcement Court removes the objection and the eviction proceeds.
• Lawsuit before the Civil Court of Peace (Sulh Hukuk Mahkemesi): Where the undertaking is a private document whose signature the tenant denies, the Enforcement Court rejects the request for removal, and Article 275 leaves the landlord to sue under the general rules before the Sulh Hukuk Mahkemesi (HMK Article 4(1)(a)), after mandatory mediation. There the judge examines the denied signature under HMK Article 211: first by questioning the tenant and having them write and sign in court, and, if that is not conclusive, by an expert comparison with signature samples obtained from the relevant records.

10. Execution of Physical Eviction and Asset Custody Procedures

Once eviction can proceed, the enforcement officer carries it out on site and delivers the property to the landlord (EBL Article 273). Goods found in the property that do not belong to the landlord are handled under Article 26: they are handed to the tenant or, in the tenant's absence, to a representative or an adult member of the household or staff; if no one is there, they are stored in a safe place or with the landlord, with the cost advanced by the landlord and recoverable from the tenant, and goods not collected within the notified period can be sold by order of the enforcement court.

Related practice: we act for foreign clients on commercial leases and eviction — see our Turkish real estate lawyer page.

Frequently Asked Questions

Can an eviction undertaking be signed on the same date as the lease agreement?

Article 352(1) covers only an undertaking given after the leased property has been delivered, so the test is handover, not the date of the lease. An undertaking signed together with the lease, before handover, does not meet that condition; the safe course is to take it on a separate, later date after handover.

What is the deadline to enforce an eviction undertaking in Turkey?

Article 352(1) gives the landlord one month from the promised vacating date to apply for enforcement or file a lawsuit. Article 353 treats the period for filing a lawsuit as extended by one lease year if the landlord notifies the tenant in writing, within that period, that it will sue; otherwise, once the month has passed, the undertaking can no longer be relied on to end the lease under Article 352(1).

Does the undertaking have to be notarized?

No; Article 352(1) requires written form. A notarial document, or one whose date and signature a notary has certified, matters at the enforcement stage: under EBL Article 275 the enforcement court can remove the tenant's objection on such a document, while a private document whose signature is denied sends the landlord to a lawsuit.

What if the tenant claims the document was signed in blank?

The tenant then admits the signature but disputes the text above it, and the court decides that dispute on the evidence. The risk is avoided by having the undertaking drawn up by a notary, or its date and signature certified by one, after the property has been handed over.

Is mediation required before applying to the Enforcement Office?

No. Article 18/B of the Mediation Law (No. 6325), added by Law No. 7445, makes mediation a precondition for lawsuits arising from a lease but excludes eviction through enforcement without a judgment. It is mandatory if you file an eviction lawsuit in court.