What is an Eviction Commitment Letter? Conditions, Validity, and Example

Introduction

One of the most disputed issues in rental relationships, for both tenants and landlords, is disputes regarding the evacuation of the property before the end of the contract period. The eviction commitment that comes into play at this point is a special legal instrument regulated in the Turkish Code of Obligations (TCO). This document, which arises when the tenant commits in writing to vacate the property on a specific date, has become increasingly relevant in recent years, especially in rental disputes.

Since the eviction commitment letter directly affects the rights of both the tenant and the landlord, its validity conditions, preparation format, and cancellation possibilities are of great importance. Indeed, this topic, which is frequently addressed in Supreme Court precedents, plays a decisive role in legal processes.

The eviction commitment is commonly known as “property evacuation commitment” among the public. This term essentially refers to the same legal document. However, the correct term used in official legislation is eviction commitment.

In this article:

• What is an eviction commitment letter?
• What are the validity conditions?
• How is it prepared and can it be canceled?
• How can the landlord use this document in the legal process?

these questions will be answered; additionally, practical explanations will be made through an example document.

👉 If you are seeking legal support regarding preparing an eviction commitment letter, evaluating its validity, or the litigation process based on this document, the expert attorney team at MFY Legal | Istanbul Law Firm is by your side.

What is an Eviction Commitment Letter?

An eviction commitment letter is a document where the tenant commits in writing to vacate the rented property on a specific date. It is regulated in Article Turkish Code of Obligations‘s 352. article and allows the landlord to file an eviction lawsuit against the tenant or initiate direct enforcement proceedings.

📌 Legal Basis: According to TCO Art. 352/1:

“If the tenant, after receiving the property, commits in writing to vacate the property on a specific date to the landlord; the landlord can terminate the lease agreement by either applying for enforcement or filing a lawsuit within one month from this date.”

Therefore, an eviction commitment letter is not a legal transaction independent of the lease agreement; it is a special written declaration prepared to terminate the lease agreement.

Importance for Tenant and Landlord

• For the tenant: When signing this document, they become obligated to vacate the property on the specified date. However, if validity conditions are not met (for example, if signed before the contract), the tenant may not be bound by it.
• For the landlord: A valid eviction commitment letter is a powerful legal tool for securing the evacuation of the property without requiring lengthy court proceedings.

Supreme Court Practice

The Supreme Court considers the eviction commitment letter as a legal transaction subject to strict formal requirements. In particular:

• The commitment must be given after the delivery of the property,
• It must be prepared in written form,
• The eviction date must be clearly stated,

these are essential conditions for validity.

Eviction Commitment Letter Conditions

For an eviction commitment letter to be valid, the existence of a document signed only by the tenant is not sufficient. According to Turkish Code of Obligations Art. 352 and Supreme Court precedents, strict formal requirements must be met for this document to have legal effect.

1. Written Form Requirement

• The eviction commitment letter must be prepared in writing.
• Verbal statements, phone conversations, or email correspondence do not create validity.
• The “written form” requirement is particularly emphasized in Supreme Court decisions.

2. Must Be Prepared After the Lease Agreement

• The commitment must be given after the delivery of the property.
• This is the most controversial issue in practice.
• If the eviction commitment letter is signed on the same day as or before the lease agreement, the Supreme Court considers it invalid.
• Because in this case, the tenant is considered to be “under pressure” (for example, a commitment signed to be able to make the contract becomes invalid).

3. Clear Statement of Date

• The date when the tenant will vacate the property must be clearly stated in the commitment letter as day/month/year.
• Ambiguous expressions (e.g., “I will leave at the end of the contract”) do not have legal effect.
• The Supreme Court consistently rules that “if the eviction date is not clear, the commitment will not be valid.”

4. Tenant’s Free Will

• The eviction commitment letter is not valid if obtained under pressure or fraud.
• The tenant must sign it with free will.
• In Supreme Court practice, this condition is expressed as “the tenant making the commitment with free will within the scope of contractual freedom.”

5. Tenant’s Signature

• The document must be signed by the tenant.
• The signature of the landlord or third parties alone does not provide validity.
• If there are multiple tenants, signatures from all are required.

Eviction Commitment Letter Example

Although an eviction commitment letter may seem like a simple written statement, it must contain certain elements to be legally valid. The most common problem in practice is that incomplete or incorrectly prepared examples are deemed invalid by the court.

Elements that Must be Included in an Eviction Commitment Letter

• Tenant’s name, surname, and clear identification information,
• Address of the rented property,
• Eviction date (must be clearly stated as day/month/year),
• Tenant’s clear statement that they “commit to vacate the property on the specified date,”
• Tenant’s signature (signatures of all tenants if there are multiple).

📌 Important Note: Documents that are incomplete or incorrectly prepared lose their validity according to Supreme Court decisions. Especially eviction commitment letters signed on the same date as the lease agreement are considered invalid.

👉 As MFY Legal | Istanbul Law Firm, we provide specialized legal support to help you prepare a valid eviction commitment letter. With a correctly prepared document, you can both prevent potential lawsuits and protect yourself from loss of rights.

Cancellation of Eviction Commitment Letter

Although the eviction commitment letter provides an important legal advantage to the landlord, this document is not valid under all conditions. If the conditions stipulated in Turkish Code of Obligations Art. 352 are not met, the tenant can claim the invalidity or cancellation of the commitment.

1. Signing Under Pressure or Fraud

• If the tenant was forced to sign an eviction commitment letter on the same day to be able to make the lease agreement, this situation is considered as signing under pressure.
• In Supreme Court practice, eviction commitment letters signed on the same day as the lease agreement are considered invalid.
• Additionally, fraud, threats, or mistakes that impair the tenant’s will are also grounds for cancellation.

2. Lack of Date or Ambiguity

• If the eviction date is not clearly stated in the commitment letter (for example, if there are vague expressions like “I will leave at the end of the contract”), the document does not create validity.
• The Supreme Court considers “eviction commitment letters with unclear or incomplete dates” invalid.

3. Signing Before the Delivery of the Property

• According to law, the eviction commitment letter must be given after the delivery of the property.
• If signed before delivery, it is considered that the tenant’s true will has not emerged. Therefore, it is invalid.

4. Tenant’s Justified Reasons

• The tenant’s special circumstances (such as serious health problems or proving they were under pressure) can be grounds for cancellation.
• The judge can examine the validity of the commitment based on the circumstances of the specific case.

Eviction Lawsuit Process

If a valid eviction commitment letter has been signed, the landlord can request the tenant to vacate the property. However, if the tenant does not deliver the property on the specified date, there are two legal paths for the landlord:

1. Eviction Through Enforcement Proceedings

• Direct enforcement proceedings can be initiated based on the eviction commitment letter.
• If the tenant does not leave on the specified date, the landlord initiates the eviction process by applying to the enforcement office.
• This path is faster than filing a lawsuit.
• If the tenant objects to the enforcement order, the process may be taken to court.

2. Filing an Eviction Lawsuit

• The landlord can file an eviction lawsuit by applying to court within one month from the commitment date.
• The competent court is the Civil Court of Peace where the property is located.
• The Supreme Court states that the period is preclusive: If the landlord misses the one-month period, they cannot file an eviction lawsuit based on the commitment.

3. Duration of Eviction Commitment

The duration of the eviction commitment is limited to the date specified in the document. The landlord must file a lawsuit or initiate enforcement proceedings within 1 month from the specified eviction date. This period is statute-barred, and if missed, the landlord’s right to eviction expires.

4. Supreme Court Practice

As exemplified in the academic article you sent, the Supreme Court takes a very strict approach in lawsuits based on eviction commitment letters:

• The commitment must comply with formal requirements,
• The period must be used within one month,
• In case of objection, the court must investigate “whether the tenant truly signed with free will,”

these are the most critical points of the process.

4. Case Example

📌 For example, a tenant has accepted in writing to vacate the property with an eviction commitment letter dated 01.01.2025. However, they do not deliver the property on the specified date. The landlord initiates the eviction process by applying to the enforcement office on 20.01.2025. When the tenant objects, the file is taken to the Civil Court of Peace. The court determines that the commitment was signed after the lease agreement and the date is clear, and decides for the tenant’s eviction.

This example shows how powerful a legal tool a valid eviction commitment letter is for the landlord.

👉 However, since each case has its own unique circumstances, expert support is critical for proper management of the process.

Our expert attorney team at MFY Legal | Istanbul Law Firm provides reliable, fast, and effective legal solutions to its clients in enforcement and lawsuit processes based on eviction commitment letters.

You can contact MFY Legal immediately to avoid loss of rights in this process.

Legal Basis

The legal validity of the eviction commitment letter is directly based on Turkish Code of Obligations (TCO) Art. 352 provision. Additionally, Supreme Court precedents show how the practice is shaped.

Turkish Code of Obligations Art. 352/1

📌 According to TCO Art. 352/1:

“If the tenant, after receiving the property, commits in writing to vacate the property on a specific date to the landlord; the landlord can terminate the lease agreement by either applying for enforcement or filing a lawsuit within one month from this date.”

Conclusions from this provision:

• The eviction commitment must be in writing.
• It must be given after the delivery of the property.
• The eviction date must be clear and definite.
• The landlord must file enforcement proceedings or lawsuit within 1 month from the commitment date.

Supreme Court Precedents

As stated in the PDF study you sent, the following principles stand out in Supreme Court practice:

• Lease agreement and eviction commitment letter signed on the same day → considered invalid.
• Commitments with unclear dates → do not have legal effect.
• If there are multiple tenants, signatures from all tenants are required.
• If the statute-barred period (1 month) is missed, the right to eviction expires.

Notarized Eviction Commitment

The eviction commitment does not require notarization for validity; a written form is sufficient. However, in practice, notarized eviction commitment is preferred as it increases evidential value and ensures the security of signatures. Landlords particularly use this method to prevent potential future disputes.

Frequently Asked Questions

Professional Legal Support

An eviction commitment letter is a critical document that can have serious consequences for both tenant and landlord. An incorrectly prepared commitment can lead to both lengthy lawsuits and loss of rights for the parties.

As MFY Legal | Istanbul Law Firm ;

• Preparation of eviction commitment letter,
• Evaluation of its validity,
• Follow-up of cancellation requests,
• Management of enforcement and lawsuit processes

we are by your side with our expert attorney staff.

👉 Contact MFY Legal now for expert legal support tailored to you.