If your tenant promised in writing to vacate the property on a specific date but has not moved out, a written undertaking to vacate (tahliye taahhüdü) is one of the fastest ways to end the lease under Turkish law. However, it only works if the document meets the statutory requirements and you take action within one month of the promised date. If this deadline is missed, the undertaking loses its effect for that lease period.
In this article, we explain the validity requirements of an undertaking to vacate, the frequently disputed issue of blank-dated undertakings, the enforcement and lawsuit routes, the effect of mandatory mediation (in force since 2023) on deadlines, and the key points for property owners who live in Germany or elsewhere abroad and rent out property in Turkey. If your rental dispute concerns a different situation, you can browse our Legal Articles or contact us directly.
In short:
- The undertaking must be in writing, signed by the tenant, given after the property was handed over, and state a specific vacating date.
- The landlord must start enforcement proceedings or pursue mediation/a lawsuit within one month of the promised date.
- Notarisation is not mandatory, but it offers the strongest protection against the tenant denying the signature.
- A landlord living abroad can handle the entire process through a power of attorney granted to a lawyer in Turkey, without travelling to Turkey.
What is a written undertaking to vacate?
A written undertaking to vacate is a unilateral declaration in which the tenant commits in writing to vacate the leased property on a specific date. The landlord does not need to accept it separately; the document takes effect with the tenant’s signature.
Its legal basis is Article 352(1) of the Turkish Code of Obligations No. 6098 (TBK). Under this provision, if the tenant undertook in writing, after the property was handed over, to vacate it on a specific date but fails to do so, the landlord may terminate the lease by initiating enforcement proceedings or filing a lawsuit within one month of that date.
Article 352(1) TBK applies to residential and covered commercial leases. Under Article 354 TBK, these tenant-protection rules cannot be altered to the tenant’s detriment. A clause in the lease such as “the tenant shall vacate whenever the landlord requests” is therefore no substitute for a valid undertaking to vacate.
Validity requirements
For an undertaking to vacate to have effect before the enforcement office or the court, all of the following requirements must be met. In practice, a significant share of eviction requests are rejected because one of them is missing.
- It must be in writing. An oral undertaking is invalid. A simple written document is sufficient; notarisation is not a validity requirement but is a major advantage as evidence.
- It must be signed by the tenant. If there are several tenants, all of them must sign for an eviction order to be issued against all of them.
- It must be given after the lease was concluded. This is an express requirement of the statute. An undertaking signed before the tenant received the property is often deemed not to have been given freely. The undertaking must therefore be drawn up after the lease was concluded and the property was handed over to the tenant.
- It must state a specific vacating date. Day, month and year must be stated clearly. Phrases such as “when needed” or “whenever the landlord requests” do not create a valid undertaking.
- The property must be clearly identified. The address, unit number and similar details must leave no doubt as to which property is to be vacated.
- It must be given freely. An undertaking obtained through pressure, threats or fraud is invalid. A tenant who makes this claim bears the burden of proof.
Are blank-dated undertakings valid?
The most common scenario in practice is that the tenant is asked to sign an undertaking with the dates left blank at the same time as the lease. According to current case law, the signature on an undated undertaking is valid, and the undertaking can only be declared invalid if the tenant proves that the landlord later filled in the blank document.
According to the decision of the Assembly of Civil Chambers of the Court of Cassation (Yargıtay Hukuk Genel Kurulu) dated 28.09.2021, No. 2017/975 E., 2021/1108 K., filling in the dates later does not in itself render the document invalid. The tenant must prove that the document was signed blank before the handover and completed contrary to the parties’ agreement. Where the signature is not denied, such a claim must, as a rule, be proven by written evidence.
The Most Critical Issue: The One-Month Deadline
The landlord must start enforcement proceedings or take the lawsuit route within one month of the promised vacating date. This is a statutory time bar (hak düşürücü süre), and the court takes it into account of its own motion. Once it is missed, eviction can no longer be requested on the basis of the undertaking.
Example: If the vacating date in the undertaking is 1 June 2027, the landlord must act by 1 July 2027 at the latest. Waiting until the last day is risky because of service and UYAP (the Turkish e-justice system) delays.
Effect of mediation on the deadline: Since 1 September 2023, applying to a mediator before filing a lawsuit has been a mandatory precondition in disputes arising from residential and covered commercial leases. The deadline does not run from the mediation application until the final mediation report is issued. After the report, the lawsuit must be filed within the remainder of the one-month period.
No mediation is required for enforcement proceedings, which makes the enforcement route safer in terms of timing.
Eviction through Enforcement Proceedings (Articles 272–276 İİK)
The enforcement route is the fastest method where the tenant does not object. The procedure runs as follows:
- Request for enforcement: Within the one-month period, the landlord files an eviction request with the enforcement office (icra dairesi) based on the undertaking. The undertaking and the lease agreement are attached.
- Eviction order: The enforcement office serves an eviction order on the tenant, giving 15 days to vacate and 7 days to object.
- No objection: If the tenant has not moved out after 15 days, the enforcement office carries out the eviction at the landlord’s request.
- Objection: The proceedings are suspended. The landlord applies to the enforcement court to have the objection set aside and the eviction ordered.
This is where notarisation matters. When deciding whether to set aside an objection, the enforcement court examines a limited set of documents. An undertaking with a notarised signature, or one whose signature the tenant does not deny, is a strong basis at this stage. If the tenant denies the signature, the process may take longer and the dispute may have to be decided by the general courts, namely the Civil Court of Peace (Sulh Hukuk Mahkemesi).
Competent enforcement office: As a rule, proceedings can be started at the tenant’s place of residence or where the property is located, as the place of performance. Proceedings started at an incompetent office may be delayed by the tenant’s objection to jurisdiction.
Eviction through a Lawsuit
Instead of enforcement proceedings, the landlord may also file an eviction lawsuit directly.
- Mediation first: Before filing, the landlord must apply to a mediator within one month after the vacating date. If no agreement is reached, the lawsuit is filed together with the final mediation report.
- Competent court: Eviction cases arising from leases fall within the jurisdiction of the Civil Court of Peace (Sulh Hukuk Mahkemesi). This rule is mandatory.
- Venue: The court at the tenant’s place of residence, or the court where the property is located as the place of performance. In practice, filing where the property is located is safer, as it avoids venue disputes.
The parties may also agree on a vacating date during mediation. An agreement drawn up this way and annotated as enforceable has the effect of a court judgment, so it can be enforced directly if the tenant fails to comply.
Tips for Landlords Living in Germany or Elsewhere Abroad
For owners living abroad who rent out property in Turkey, the biggest risk is being unable to monitor the one-month deadline remotely. The following steps reduce this risk:
- Prepare a power of attorney in advance. You can grant your lawyer in Turkey a power of attorney covering litigation and enforcement at the Turkish Consulate General in Germany. Doing this before the vacating date approaches prevents loss of time.
- Keep the original undertaking safe. The original document may be needed in enforcement proceedings and in court. If it is not with a relative or your lawyer in Turkey, allow time for sending it.
- Put the vacating date in your calendar. Contact your lawyer at least two weeks before the promised date, and remember that the mediation application cannot be made before that date.
- Keep your correspondence with the tenant. WhatsApp messages and emails may serve as evidence of the handover date and the circumstances in which the undertaking was given.
- You do not need to travel to Turkey. Enforcement proceedings, mediation and the lawsuit can all be handled by a lawyer under a power of attorney. In most cases, your lawyer attends the mediation meetings on your behalf.
For other issues related to your lease, see our guide to rental disputes over property in Turkey for owners living in Germany.
Conclusion
When drawn up in a legally valid form and used within the statutory time limit, an undertaking to vacate gives the landlord a fast and effective route to eviction. Conversely, a formal defect or a missed one-month deadline can lead to the complete loss of this right.
At MK Legal Consultancy, we provide remote support to clients who own property in Turkey and live abroad, particularly in Germany, in drafting undertakings to vacate and in enforcement, mediation and eviction proceedings. Contact us to have your case assessed.
This article is for general information only and does not replace legal advice on your specific case.
