Eviction Lawsuit Due to Written Vacate Commitment: What Is It and How to File?

In this article, we aim to provide basic information in a brief and understandable manner about eviction lawsuits based on a written vacate commitment, which are filed in case the tenant does not vacate the property despite promising in writing to the landlord that they will vacate it on a certain date.

In practice, this lawsuit is one of the eviction ways where the landlord can obtain the fastest results. In this context, within the framework of Article 352/1 of the Turkish Code of Obligations, issues such as the validity conditions of the vacate commitment, the period of filing a lawsuit, the competent court, and the lawsuit process are addressed.

1. What Is an Eviction Lawsuit Based on a Written Vacate Commitment?

This lawsuit is filed by the landlord for eviction where the tenant has given a written commitment to vacate the leased premises by a specific date but fails to do so.

Through this lawsuit:

• the tenant’s eviction may be ordered.

                    * the landlord’s contractual right is protected.
                    * breach of the commitment produces legal consequences.
  
                

This matter is assessed under Article 352/1 of the Turkish Code of Obligations.

2. In Which Cases Is an Eviction Lawsuit Due to Written Vacate Commitment Filed?

• The tenant has given a written vacate commitment

                    * The vacate date specified in the commitment has passed
                    * The tenant has nevertheless failed to vacate the premises
                    * The commitment has been prepared in valid form
                    * The landlord seeks eviction
  
                

3. Who Can File an Eviction Lawsuit Due to Written Vacate Commitment?

This lawsuit may be filed by the landlord (lessor) or by the landlord’s representative.

4. Against Whom Is an Eviction Lawsuit Due to Written Vacate Commitment Filed?

This lawsuit is filed against the tenant who actually uses the leased premises, or against the tenant who gave the vacate commitment.

5. Which Court Has Subject-Matter and Territorial Jurisdiction in an Eviction Lawsuit Due to Written Vacate Commitment?

The court with subject-matter jurisdiction is the Civil Court of Peace, the court where the leased property is located.

6. Is There a Time Limit for Filing an Eviction Lawsuit Due to Written Vacate Commitment?

In eviction claims based on a written vacate commitment, enforcement proceedings or a lawsuit must be initiated within 1 month from the committed date. Missing this period may result in loss of rights. Even where the commitment is valid, the time requirement is critically important.

7. What Should Be Done Before Filing an Eviction Lawsuit Due to Written Vacate Commitment?

Before filing the lawsuit, the following matters are important:

• Reviewing the written vacate commitment

                    * Checking the validity requirements of the commitment
                    * Clarifying the vacate date
                    * Serving a notarised notice (frequently preferred in practice)
                    * Preparing evidence and lease documents
  
                

8. How Does an Eviction Lawsuit Due to Written Vacate Commitment Proceed?

The lawsuit generally consists of the following stages:

1. The lawsuit is filed before the Civil Court of Peace. 1. The court examines the vacate commitment. 1. The tenant submits a defence. 1. The validity of the commitment is assessed. 1. Evidence is collected where necessary. 1. The court may grant an eviction order.

9. How Long Does an Eviction Lawsuit Due to Written Vacate Commitment Take?

Depending on the specifics of the case, the lawsuit generally concludes within 3 months to 1 year in practice. The volume of evidence and objections may extend the duration.

The information on this page is prepared for general informational purposes. Since the conditions of each concrete case may differ, legal evaluations may vary.

It is important to obtain legal support so that a case-specific assessment can be made regarding eviction lawsuits based on a written vacate commitment.

The information on this page is prepared for general information purposes. Since the conditions of each concrete case may differ, legal evaluations may vary. In order to obtain an evaluation specific to your concrete situation regarding eviction lawsuits based on a written vacate commitment, it is important to obtain legal support.

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