Due to the housing demand in our country, the increasing rental prices and the limitation of renewal periods with a 25% increase rate, many landlords are looking for ways to evict their tenants. Eviction notices and eviction lawsuits due to need are among the top methods used. For tenants who have given a blank eviction notice at the beginning of the rental agreement, the question they are curious about is how to cancel the eviction notice.
This article only includes opinions and information on how to cancel an eviction notice. For more information about eviction notices, please see our other articles:
- What is an Eviction Notice in Turkey?
- Vacate Due to an Eviction Notice in Turkey
- Is a Blank Eviction Notice Valid in Turkey?
- Discussion on Objection to Eviction Notice as Family Residence in Turkey
- Our Articles on Rental Law in Turkey
I. Is the Tenant Obliged to Sign an Eviction Notice?
It is entirely up to the tenant’s free will to sign an eviction notice. In fact, the law requires the eviction notice to be issued after the rental property is delivered, which means that the tenant cannot be forced to sign an eviction notice along with the rental agreement. However, in today’s rental market, landlords and real estate agents often require the tenant to sign an eviction notice as a prerequisite to signing a rental agreement. If the tenant refuses to sign, they may find themselves without a place to live.
If an eviction notice is issued before the rental property is delivered, it will be considered invalid under the law. Therefore, landlords or real estate agents leave the eviction date or the date of issuance blank when preparing the eviction notice for the tenant to sign. However, many tenants do not remember whether they signed an eviction notice or not, as it is usually prepared as a single copy. It is not until two years later that the landlord initiates legal proceedings to evict the tenant.
If an eviction notice has been signed but the dates have been left blank, is it legally valid? Yes. This article does not discuss whether a blank eviction notice is valid or not, so we recommend reading our article “Is a Blank Eviction Notice Valid in Turkey?” for more information.
Since a blank eviction notice is legally valid, how can it be cancelled?
II. How to Cancel an Eviction Notice in Turkey?
By cancellation of eviction notice, we mean preventing the landlord who will start the process of eviction based on the eviction notice. We are not referring to a method such as filing a lawsuit to cancel the eviction notice.
Even if the eviction notice is empty or if the eviction date or preparation date is filled in later, the eviction notice is valid. If it is understood from the date on the eviction notice that it was prepared before the delivery of the rented property, the judge takes this into account ex officio, that is, automatically, in the eviction case based on the eviction notice.
However, if the preparation date of the eviction notice is filled in later, the tenant must prove with “written” evidence that the preparation date was filled in later. This is precisely where we come to the first method that will invalidate the eviction notice.
Making the Non-Party Spouse a Party to the Lease Agreement to Invalidate the Eviction Notice
One of the ways to invalidate an eviction notice is to make the non-party spouse a party to the lease agreement. The non-party spouse can become a party to the lease agreement through a “unilateral notification” under Article 194 of the Turkish Civil Code and Article 349 of the Turkish Code of Obligations.
For the eviction notice to be invalid, the notification must be made by the landlord before any legal process, execution proceedings, or lawsuit is initiated.
Unilateral notification is not subject to any form requirements. However, it is recommended to send it by notarization for ease of proof.
All tenants who are parties to the lease agreement must sign the eviction notice. If only one spouse has signed the lease agreement, an ihtarnamesi should be sent to the other spouse who has become a tenant due to the “indivisibility of eviction debt” rule before the landlord initiates legal proceedings. If an eviction notice is the reason for initiating an execution proceeding, the execution can be challenged with this objection, and the case will end in favor of the tenant in the eviction lawsuit.
Before Handing Over the Rented Property; an Eviction Notice Must be Sent by a Notary
You went online to search for a rental property on a yellow-colored website. Yo found a rental apartment or office that you feel comfortable with. You called the real estate agent or the property owner. You agreed to sign a lease agreement. A condition of the lease agreement is to sign an eviction notice. What should you do?
If you do not want to sign the eviction notice that is presented to you forcefully, express this verbally. If they insist that it is a “must,” then sign it. Take a photo of the signed eviction notice. Make sure to bring the keys and a signed copy of the lease agreement by the landlord with you.
Pay attention to the start date of the rental relationship in the lease agreement. The start date of the rental property may be a date later than the date the lease agreement was signed. If there is no specific start date, the date the lease agreement was signed will be considered the start date. If it is the same day, you must send an eviction notice to a notary.
In the eviction notice, you can state that the blank eviction notice was presented as an essential condition for meeting your housing or business needs, that you were forced to sign it with a blank date, and that your real intention was not to sign it. You can also state that you were forced to sign it before the keys were handed over, and that this eviction notice was prepared contrary to the mandatory provisions of the law, as you sent this notice before the start date of the lease agreement.
You can also attach the photo of the blank eviction notice you took to the notary’s eviction notice.
If you send the eviction notice from the notary on the same day to the landlord, the date of the amendment will be stated on the notary’s eviction notice. It will be proven in writing that the eviction notice was prepared before the rental property was handed over, from the date stated in the notary’s eviction notice.
Making a Lease Agreement and Eviction Notice through a Representative
In rental agreements made through a proxy, the power of attorney given by the tenant to their proxy must include the authorization to “sign and issue an eviction notice” for the eviction notice to be valid. Otherwise, the eviction notice will not bind the tenant. However, after signing the eviction notice, the proxy can send a notarized letter to their client, the tenant, and prove that the eviction notice was signed before the delivery of the rental property. This way, it can be established that the eviction notice was signed before the delivery of the rental property.
Objection of Family Dwelling Against Eviction Notice
Among the reasons for cancellation against an eviction notice, objection of the family dwelling is shown. However, as stated above, if the non-party spouse to the lease agreement has not been made a party to the lease agreement by the eviction notice, the objection of the family dwelling to be made after the legal process initiated by the lessor will not invalidate the eviction notice.
No additional time will be given by the court to file a determination lawsuit regarding the objection of the family dwelling. It would not be correct to interpret the precaution taken regarding the marriage between the tenant, the tenant’s spouse, and the family dwelling as an obstacle to the lessor’s eviction right.
For detailed information on whether objection of the family dwelling against the eviction notice will invalidate the eviction notice, I recommend reading our article “Discussion on Objection to Eviction Notice as Family Residence in Turkey“.
Is it possible to file a lawsuit for cancellation due to will disabilities?
Many law firms state on their websites that if the eviction notice is signed due to fraud, deception, or intimidation, it can be cancelled within 1 year. Some lawyers even argue that claims based on will disabilities or undue influence (gabin) can be proven with witnesses or any kind of evidence. However, these are just opinions.
Based on our experience, we have not witnessed eviction notices being invalidated due to claims of will disabilities. There is no precedent ruling by the Court of Cassation regarding claims based on will disabilities.
In conclusion, we have provided our recommendations and opinions on how to cancel an eviction notice. It is logical to invalidate an empty eviction notice at the beginning of the lease agreement. This can be done by having the lease agreement made with an agent or by sending a letter of formal notice on the same day to the notary. In the case of married tenants, the eviction notice can be invalidated as a party to the lease agreement.
Tenants must make their objections during the legal process initiated based on the eviction notice within the specified legal deadlines. For all these reasons, we recommend that you work with lawyers who provide services in rental law cases.
Memduh Remzi BAL
Lawyer / Attorney in Turkey
Our Articles on Rental Law in Turkey
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