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, residential leases automatically renew on a year-to-year basis, and a landlord cannot terminate the lease simply because the fixed contractual term has expired—unless the 10-year statutory extension period has elapsed. The single most effective legal instrument that circumvents this perpetual 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.'

To withstand judicial scrutiny in Turkish courts, an eviction undertaking must strictly satisfy four cumulative validity prerequisites:

1. Written Form (Yazılı Şekil): The commitment must be documented in writing and signed by the tenant or their authorized representative holding a specific power of attorney.
2. Post-Delivery Execution (Teslimden Sonra Verilme): The undertaking must be executed strictly after physical delivery and handover of the leased property. Any document signed prior to or simultaneously with the initial lease agreement is legally void ab initio.
3. Definite Eviction Date (Belirli Tahliye Tarihi): The document must specify a clear, unconditional calendar date for vacant handover.
4. Direct Landlord Beneficiary: The commitment must be addressed directly to the current titleholder or designated contractual lessor.

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

Under Article 272 of the Turkish Enforcement and Bankruptcy Law (EBL No. 2004), the landlord files an execution request accompanied by the original undertaking. The enforcement bailiff serves an Eviction Order (Tahliye Emri - Form 14) upon the tenant. The tenant is notified that they must either vacate the property within 15 days or file a formal objection within 7 days.

If no objection is lodged within 7 days, the eviction order becomes final and unappealable (kesinleşme). Upon expiration of the 15-day period, the enforcement officer proceeds to the property with police assistance to execute physical eviction and change the locks.

4. Standard Tenant Defenses and Counter-Strategies

During enforcement proceedings, tenants frequently raise three formal objections:

• Denial of Signature (İmza İnkârı): The tenant claims the signature is forged. If the undertaking was notarized, this defense is rejected immediately by the Enforcement Court. If unnotarized, the court orders official forensic handwriting analysis.
• Blank Signature Defense (Açığa İmza): The tenant alleges they signed a blank document upon renting. Under HMK Art. 200, Turkish law presumes the signer granted full authorization to complete the text, placing the burden of documentary proof entirely on the tenant.
• Family Residence Defense (Aile Konutu TMK Art. 194): If the property serves as a matrimonial home and the lease is in one spouse's name, an undertaking signed without the non-contracting spouse's explicit consent is subject to challenge.

5. Strategic Checklist for Landlords and Property Investors

1. Always execute eviction undertakings before a Turkish Notary Public (Noter) to eliminate signature denial risks.
2. Ensure the date of commitment is at least 15 to 30 days after the lease commencement and key handover protocol date.
3. Calendar the 30-day enforcement deadline immediately upon the promised vacation 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 individuals holding specific corporate representative authority. Under Turkish Commercial Code (TTK) Article 371 and the official circular of signature (İmza Sirküleri), an eviction commitment signed by an unauthorized branch manager or employee is legally ineffective against the corporate lessee unless ratified by the board of directors.

Furthermore, landlords leasing commercial premises to foreign multinational tenants must ensure that the corporate signatory possessed valid board authorization on the exact date of signing. Landlords should insist on attaching 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 a residential property is leased to multiple individuals or married couples, Turkish law imposes strict co-tenancy rules. If multiple tenants are named on the lease contract, all tenants must jointly sign the eviction undertaking. An undertaking executed by only one co-tenant cannot be enforced to evict the remaining occupants.

Moreover, under Turkish Civil Code (TMK) Article 194, the family home (Aile Konutu) enjoys special legal protection. If the leased premises serve as the matrimonial residence of a married couple, an eviction undertaking signed solely by the contracting spouse without the explicit written consent of the non-contracting spouse is vulnerable to annulment. Landlords should require both spouses to execute the undertaking jointly to eliminate spousal invalidity claims.

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

1. Step 1 — Title and Commitment Verification: Within 1 to 5 days of the promised eviction date, verify title deed records and verify the original undertaking.
2. Step 2 — Filing the Execution Request (Takip Talebi): Submit the formal execution request to the competent Enforcement Office (İcra Dairesi) within strictly 30 days.
3. Step 3 — Service of Eviction Order (Tahliye Emri): The bailiff serves Form 14 upon the tenant granting 15 days to vacate or 7 days to object.
4. Step 4 — Finalization or Summary Hearing: If uncontested within 7 days, request the bailiff to schedule physical eviction. If contested with bad-faith signature denial on a notarized document, file a summary removal motion before the Enforcement Court under EBL Art. 275.
5. Step 5 — Physical Execution & Handover: The enforcement officer attends the property with locksmiths and police officers, inventories remaining chattels, changes locks, and delivers vacant possession to the landlord.

9. Challenging Bad-Faith Objections: The Invalidation Lawsuit (İtirazın İptali)

When a tenant files a bad-faith objection against the eviction order at the Enforcement Office claiming oral lease extensions or coercion, the landlord has two distinct judicial avenues depending on whether the undertaking was executed before a notary public or in simple written form:

• Removal of Objection before the Enforcement Court (İtirazın Kaldırılması - EBL Art. 275): If the eviction undertaking was signed before a Turkish Notary Public (Noter), the tenant cannot simply deny the signature. The Enforcement Court handles the motion under summary proceedings and typically orders eviction within 2 to 4 months.
• Lawsuit for Annulment of Objection before the Civil Court of Peace (İtirazın İptali - TBK Art. 352): If the undertaking was executed as an unnotarized private document and the tenant denies the authenticity of the signature, the landlord must file a formal lawsuit before the Sulh Hukuk Mahkemesi. The court appoints official forensic handwriting experts (Adli Tıp / Grafoloji Bilirkişisi) to compare historical signature samples from title registries, banks, and identification cards.

10. Execution of Physical Eviction and Asset Custody Procedures

Once the eviction decision becomes enforceable, the landlord coordinates with the bailiff for on-site physical handover. Under Turkish Enforcement Law, the bailiff attends the premises accompanied by police officers and licensed locksmiths. The tenant's personal property remaining on site is inventoried and delivered to a designated bonded warehouse (yediemin deposu) at the tenant's expense, and vacant possession is formally delivered to the property owner.

Frequently Asked Questions

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

No. Under TBK Art. 352/1, undertakings signed on or before the lease commencement date are void due to presumed economic pressure on the tenant prior to possession.

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

The landlord must initiate execution under EBL 272 or file a lawsuit within strictly 30 days (1 month) from the promised vacation date. Missing this deadline forfeits the right to enforce that specific undertaking.

Does the undertaking have to be notarized?

No, ordinary written form is legally valid. However, notarization prevents the tenant from denying their signature, enabling immediate fast-track enforcement without forensic handwriting delays.

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

Under Turkish evidentiary law (HMK 200), signing in blank authorizes the recipient to complete the terms. The tenant must prove fraud through conclusive counter-documents.

Is mediation required before applying to the Enforcement Office?

No. Fast-track execution through the Enforcement Office under EBL Art. 272 does not require prior mediation. Mediation is only mandatory if filing a civil lawsuit in court.