Written Commitment to Release


DISCHARGE WITH COMMITMENT TO EVOLUTION

In the Turkish Code of Obligations numbered 6098, the reasons for which the tenants may be asked to evacuate are listed, one of which is the eviction due to the written evacuation commitment given by the tenant.


Turkish Code of Obligations m. According to the 352/1 regulation; “If the lessee undertakes to vacate the leased property on a certain date in writing after the delivery of the leased property, but has not vacated, the lessor may terminate the lease agreement within one month starting from this date by applying for enforcement or by filing a lawsuit.”


In order for the right to evacuate to be exercised in accordance with the regulation above, the commitment to evacuate must meet certain conditions:


Commitment to evacuation must be made in writing. The condition of being in writing required for the commitment to evacuate is the ordinary written form, and the commitment does not have to be made in an official way.

The commitment to evacuate must be made through the tenant or his authorized representative. If there is more than one tenant, all tenants must have committed for the eviction commitment to be valid.

The evacuation commitment must contain the evacuation date. It is also possible to specify the release commitment as a strictly determinable date. However, specifying only as a month will result in the invalidation of the commitment to release.

The commitment to evacuate must have been given after the rental agreement has been concluded and the immovable property subject to the agreement has been handed over to the tenant.

If the immovable is not vacated on the committed date despite the existence of an eviction commitment that meets these conditions, the lessor may terminate the lease agreement within 1 month starting from this date by applying for enforcement or filing a lawsuit.


If the lessor chooses to initiate enforcement proceedings, the lessor must initiate enforcement proceedings against the tenant within 1 month from the promised date. If enforcement proceedings are initiated, the enforcement office will send a payment order to the tenant regarding the evacuation and delivery of the immovable within 15 days. The tenant has the right to object to the payment order sent within 7 days. In case of objection, the lessor will request the removal of the objection in the enforcement court or an eviction lawsuit will be filed in the general courts. If no objection is made or the objection is lifted, the immovable will be forcibly evicted by the enforcement office and handed over to the lessor.


If the lessor chooses to file a lawsuit, he will have to file an eviction lawsuit in the magistrate's court within 1 month from the promised date.


The right to demand the evacuation of the lessor belongs to the lessor, and the evacuation of the lessor cannot be requested by the owner who is not the lessor. If enforcement proceedings are not carried out or an eviction lawsuit is not filed within 1 month, the commitment to evict will be deemed invalid and the lessor will not have the right to evict.


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