What is an Eviction Commitment Letter?
The eviction commitment letter has recently become almost a standard when drafting rental agreements. In order for tenants to be able to rent a property, landlords often require this commitment. If not provided, they indicate they will not enter into a rental relationship. Consequently, many tenants feel obliged to accept that they will vacate the property by a date specified by the landlord even before moving in or starting their business. When drafting such a significant document, it's crucial for both the tenant and the landlord to understand under what circumstances it can be created, what to watch out for when preparing it, its validity conditions, and situations where it might be invalid. This article can be considered as a comprehensive guide covering all details related to the Eviction Commitment Letter.
If we were to briefly define the Eviction Commitment Letter; It is a document, executable by law, written by the tenant to the landlord, committing to vacate properties like residences or business places by a specific date and terminates the rental relationship.
As can be understood from this short definition, the commitment letter is not essentially a bilateral contract. It is only signed by the tenant and is a declaration by the tenant that the rented property will be vacated. However, this declaration alone is not sufficient to evict the tenant. There are specific validity conditions.
Why is the Eviction Commitment Letter Necessary?
Without an Eviction Commitment Letter, terminating the rental relationship can only be possible if certain conditions are met. For scenarios regarding this, you can refer to our article titled "How to Evict a Tenant?". Unless these conditions are met, it's not possible to evict the tenant from the rented property for up to 10 years from the date the contract period expires.
The Eviction Commitment Letter, however, has the power to ensure the eviction of the tenant without adhering to these durations and conditions. This is essentially the reason why landlords have been demanding it from tenants in recent practices. However, even if it provides convenience for the landlord, the commitment letter is not valid unless it meets certain conditions.
Validity Conditions of the Eviction Commitment Letter
1)It should be provided by the tenant or a representative with the authority for the eviction commitment letter.
Since the commitment letter is a unilateral declaration, it must be provided by the tenant. Therefore, either the tenant or a representative/agent with the authority to sign the eviction commitment letter can provide it. A commitment regarding eviction given by an agent or representative without this authority is invalid. Consequently, a tenant cannot be evicted based on an eviction commitment letter provided by an unauthorized person.
Another important point to note is that if the rented property will be used as a family home, the signature of the tenant or their representative alone is not sufficient. The spouse must also sign. This is because a single spouse cannot terminate the lease agreement. Since the Eviction Commitment Letter is considered a type of contract termination, both spouses must sign. Otherwise, eviction will not be possible.
Similarly, if there are multiple tenants, each tenant must sign for the commitment to be valid.
2)It must be in written form.
The eviction commitment letter must be written according to Article 352 of the Turkish Code of Obligations. However, this does not mean it has to be formally written or approved by a notary. A simple written form is sufficient. A verbal commitment will not be considered an eviction commitment letter by the law and will be invalid. However, what or how it is written does not matter. It can be written on paper, napkin, cloth, stone, wood, or any surface, and just needs to be signed by the tenant or their authorized representative.
3)The date of eviction must be specified.
Another crucial condition for the validity of the eviction commitment letter is that the eviction date must be specific or specifiable. This requirement has been deemed mandatory by the Supreme Court. What's meant by a specific date is that it can be a clear date like "February 14, 2025" or can be defined as "Valentine's Day of 2025". Both forms would be valid. However, a vague timeframe like "Whenever my spouse passes away, the property will be vacated" would not be valid.
A common practice is eviction commitment letters with empty eviction and issue dates, later filled in by the landlord. This situation is a bit more complex regarding its validity. If the tenant can prove that the eviction date filled in later was done without their consent and against their will, the commitment letter will be invalid. However, since the burden of proof lies with the tenant, if they cannot prove it, the commitment letter will be valid, and eviction can take place.
4)The Eviction Commitment can be given only after the rental agreement is signed and the property is delivered.
This can be described as one of the most crucial conditions for the validity of the Eviction Commitment Letter. Even if all other conditions are met, if the commitment is not given at the appropriate time, it will be considered invalid. The commitment can only be given after a certain period following the establishment of the rental contract. That is, it is not possible to arrange it before the rental contract is made, at the same time as the rental contract, or as an annex to the contract. In these cases, the landlord won't be able to evict the tenant from the property as there won't be a valid commitment letter. According to decisions of the Turkish Supreme Court, commitments signed on the same day or earlier than the rental contract are considered invalid due to the possibility that they might have been obtained under duress. Thus, a commitment regarding eviction can only be given after a certain period once the rental contract is established and the property is handed over.
However, in current practices, this condition is often overlooked. The commitment letter and the rental agreement are signed simultaneously. The issuance date is either left blank or set to a date later than the signing date.
The main aim in cases where the eviction date is left blank is to allow the landlord to determine the eviction date in the future at their convenience. This approach is also recognized by decisions of the Turkish Supreme Court. However, this doesn't grant the landlord the authority to fill in the issuance date arbitrarily, and filling it without the tenant's consent can lead to criminal prosecution for the landlord. This can be considered under the offense of "Misuse of Blank Signature" as defined in Article 209 of the Turkish Penal Code. Therefore, if the eviction commitment is organized with a blank signature, it is not just an ordinary document; incorrect entries can lead to a threat of criminal prosecution.
How to Evict a Tenant Using an Eviction Commitment Letter?
Essentially, an Eviction Commitment Letter is a promise given by the tenant, so it is expected that the tenant will vacate the property by the committed date. However, a commonly encountered situation is that tenants do not vacate the property by the date specified in the commitment. In such cases, eviction can be achieved by enforcing the commitment letter or resorting to legal proceedings.
The legal period to enforce the commitment letter is 1 month. That is, if the tenant has not vacated the property by the committed date, the landlord must file an eviction lawsuit or initiate debt collection proceedings within 1 month from that date. Once this one-month period has passed, it is not possible to evict the tenant based on the eviction commitment letter.
Mediation Process in the Eviction Lawsuit with the Eviction Commitment Letter
As of September 1, 2023, mandatory mediation has been introduced in the legal processes to be operated based on the eviction commitment letter. There is a procedural rejection situation in lawsuits to be filed without applying for mediation.
Before filing a lawsuit, the party intending to sue should first resort to the mediation resolution method. If the dispute cannot be resolved at the end of the mediation process, this situation is determined with a final record. Once the record is prepared, there is no legal obstacle to opening an eviction lawsuit with the eviction commitment letter.
If an agreement is reached as a result of mediation, one essentially gains a significant advantage by avoiding the lengthy litigation process. Reaching an agreement saves both in terms of litigation costs and the time involved in the litigation process.
Tahliye Taahhütnamesi Hazırlarken Avukatın Önemi
When preparing an eviction commitment letter, each situation's unique conditions should be considered, and a commitment letter containing customized validity conditions should be created with the guidance of a lawyer. Using standard templates can lead to errors and loss of rights. The commitment letter should accurately and completely include information such as the property's address, details of the rental agreement, the eviction date, the commitment letter's preparation date, and the signatures of the tenant or tenants. Therefore, the omission or error of some of these details can invalidate the commitment letter, making eviction of the tenant impossible. For this reason, proceeding with the assistance of an attorney specialized in this field will be more reliable.
Frequently Asked Questions and Answers About Eviction Commitment Letter
1)I have an Eviction Commitment Letter, but the tenant is not leaving. What should I do?
If the tenant has not vacated by the promised date, you should initiate enforcement proceedings or file an eviction lawsuit within one month from the commitment date. Before filing an eviction lawsuit, you must first apply for mediation.
2)I have a photocopy of the Eviction Commitment Letter; can I evict the tenant?
Photocopied documents are not considered valid unless verified. Therefore, eviction based on a photocopy without the original is not possible.
3)Is an eviction commitment letter valid for a family home given by one of the spouses?
A commitment given by only one of the spouses is not valid. Therefore, without a valid Eviction Commitment Letter, eviction will not occur.
4)The commitment letter doesn't have a preparation date; is it valid?
The preparation date is a mandatory element of the commitment letter. Without this essential element, the commitment letter is invalid. Therefore, eviction will not be possible. Initiating enforcement proceedings or filing a lawsuit without this will not only result in no outcome but will also lead to additional costs such as litigation expenses.
5)Is a commitment letter without a specific eviction date valid?
The eviction date is also a mandatory element in the commitment letter. A commitment letter drafted without this element is invalid, and eviction will not be possible. Like before, pursuing enforcement or litigation will result in additional costs.
6)The commitment letter only has a signature; is it valid?
The essential elements of the commitment letter, in order, are the preparation date, eviction date, tenant/tenants' signatures, and eviction intent. If any of these four elements is missing, the commitment letter is invalid. Missing details should be completed.
7)Is a commitment letter signed on the same date as the rental agreement valid?
According to the decisions of the Court of Appeals, an eviction commitment signed on the same date as the contract is invalid. Eviction will not be possible.
8)For a residence or workplace with multiple tenants, can only one tenant make an eviction commitment?
If a residence or workplace has multiple tenants, an eviction commitment given by only one of them will not be valid.
9)I made an eviction commitment for a plot of land/field; am I obliged to evacuate on the promised date?
No, the eviction commitment regulated by Article 352 of the Turkish Code of Obligations is only valid for residences or roofed workplaces.
Sample Decisions of the Court of Appeals Concerning Eviction Commitment Letter
Eviction is not possible with a photocopy of the Eviction Commitment Letter.
Given that the defendant company did not accept the signature under the commitment letter, it was primarily necessary to ensure that the original documents subject to the signature examination were presented to the file. If presented, the signature circulars belonging to the defendant company as of the date the commitment letter was issued should be brought to the file. After that, a signature examination should be conducted by expert witnesses. However, overlooking the fact that photocopied documents cannot be considered as evidence without being verified, the decision to evict the rented property based on a bare-eye examination, which concluded that the commitment letter is valid, is contrary to procedure and law. (Court of Appeals 6th Civil Chamber, D: 05.02.2013, 2012/17872 E., 2013/1669K. decision number)
Proof of filling out the Eviction Commitment against the tenant's consent lies with the tenant
The defendant has not presented a written document (conclusive evidence) indicating that the start date in the lease agreement was filled out later without the defendant's consent, i.e., the lease agreement was arranged after the eviction commitment. In this case, the lease agreement is valid and binds the parties. Indeed, the defendant did not take action to annul the lease agreement either. Accordingly, there is no irregularity in initiating an enforcement proceeding based on the eviction commitment dated 16.9.2011 issued by the Notary by the plaintiff. (Court of Appeals 6th Civil Chamber, D: 25.11.2014, 2014/11422 E., 2014/12971K. decision number)
Only one of the spouses cannot give an eviction commitment for a property that is a family residence.
These provisions demonstrate that a family residence has been granted a special position and importance, and the right to dispose of it has been limited by law. In the event that the immovable property subject to enforcement and eviction is determined to be a family residence, it is necessary to investigate whether these legal requirements have been met.
Therefore, the court should first focus on this claim and investigate whether there is a registration regarding the property subject to enforcement and eviction indicating that it is a "family residence" upon the complaint of the spouse, whether there is a lawsuit opened by the complainant for determining that this place is a "family residence", and whether there is a determination made by the family court. Depending on the result, the complainant should be given the right and opportunity to file a lawsuit in the family court to prove that the property sought to be evicted is a family residence, and a decision should be made accordingly. (Court of Appeals General Assembly of Civil Chambers, D: 19.10.2005, 2005/12-652 E., 2005/583 K. decision number)
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