What is an Evacuation Commitment?


What is an Evacuation Commitment?

Tenant removal is an important problem encountered in practice. It has important consequences for both the tenant and the lessor. The proper functioning of the legal procedure is equally important. Turkish Code of Obligations No. 6098 has shown an approach that protects the tenant in terms of its general structure. However, the lessor has also given the opportunity to evict the tenant in certain situations.

Making a rental agreement for a certain period of time does not mean that the real estate will be returned at the end of the rental period. As we mentioned above, the law has given the tenant the right to terminate the contract at the end of the period, by adopting an approach that protects the tenant. As long as the tenant pays the rent, he can continue to use the leased property. This right is not granted to the lessor.

The only exception to this is to get an eviction notice. If the tenant declares that he will leave the residence or workplace at the end of the period or at another date, with an eviction letter, by complying with the conditions, the lessor can remove the tenant on that date.

There are many ways to evict a tenant. Written release letter is one of them. An eviction letter is the lessee's declaration that he will leave the leased property on a certain date. This statement is subject to the strict form conditions that arise within the framework of the Supreme Court decisions and the law. TBK m. Regulation 352 briefly mentioned the possibility of eviction contract from the ways of tenant eviction.

The subject of this article is only the possibility of eviction from the ways of removing tenants. We have tried to answer the questions we encountered in practice regarding the evacuation letter and to explain other important details below.

Considering the complexity and importance of the subject, it is beneficial to read the entire article in order. To learn about the eviction procedures of other leased real estate, you can review our article titled "tenant eviction lawsuit", where we explain all the ways of tenant eviction in general.

How to Dismiss a Tenant with an Evacuation Undertaking?

The eviction letter does not give the person the opportunity to remove a tenant on his own. It gives the right to use the legal opportunities to ensure the evacuation of the tenant. Article 352 of the TCO provides two possibilities for the person who has a valid release letter;

The first of these is the eviction of a tenant by filing a lawsuit. This case is called the eviction case. As stated in the law, this lawsuit must be filed within one month, starting from the date the tenant declared to vacate the immovable in the eviction undertaking.

Another possibility is to apply for enforcement. The tenant is evicted based on the eviction letter through the enforcement office.

Both processes rely on technical legal knowledge. For this reason, it is always beneficial to continue the relevant processes with the legal assistance of a lawyer. Even when an eviction letter is being prepared, getting legal support prevents possible problems. An erroneous or negligent action to be taken in this process may deprive the person of the fast and effective tenant eviction opportunity we have described here.

How Long Does it Take to Evacuate with an Evacuation Undertaking?

An eviction lawsuit based on a commitment to eviction usually doesn't take long. However, it is difficult to give a clear answer to this question. Because, in some cases, it may be necessary to make a holding issue regarding the validity of the undertaking or the parties, or other investigations.

However, faulty or negligent transactions may also prolong the process. In addition to all these, the workload and intensity of the court affects the prolongation of the process. In addition, it is important in terms of speed to continue the enforcement proceedings and eviction proceedings with the support of a lawyer.

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