What is an eviction notice? In its simplest definition, it is a commitment where the tenant agrees to vacate a rented residential or commercial property on a specified date. The eviction notice is regulated by the first paragraph of Article 352 of the Turkish Code of Obligations No. 6098, and it has been applied in many court decisions as well.
I. Why is an Eviction Notice Necessary?
It is quite difficult to terminate a lease agreement and vacate a residential or commercial property due to the limited reasons for eviction in Turkish law. Since the Turkish Code of Obligations No. 6098 came into force in 2011, there are limited reasons for eviction, and each requires different procedures, as listed below:
- Eviction Notice as a Reason for Eviction
- Eviction Due to Non-Payment of Rent
- Eviction Due to Non-Payment of Dues Eviction Due to Two Valid Notice
- Eviction Due to Necessity of Landlord
- Eviction Due to the Tenant Owning Another Property
- Eviction Due to Mandatory Repair or Renovation
The importance and need for an eviction notice stem from the difficulty of eviction based on these limited reasons for eviction. Therefore, we can say that the most comfortable, quickest, and least expensive way of eviction is through the tenant’s eviction notice.
II. Validity Conditions of the Eviction Notice in Turkey
It is crucial to know the validity conditions of the eviction notice since its validity is regulated by an imperative provision in Article 352 of the Turkish Code of Obligations. The validity conditions of the eviction notice are as follows:
1. An eviction notice must be in writing.
The first condition for an eviction notice is that it must be in writing. It is not necessary for the eviction notice to be notarized, as long as it is written between the parties.
A tenant’s verbal commitment to vacate the rented property on a specific date before a court is also considered an eviction notice.
The eviction notice must be issued “after delivery of the rented property.”
This is the most confusing condition for the validity of an eviction notice. The confusion is mainly due to misinformation. The rule is very simple: an eviction notice given by the tenant before the delivery of the rented property is invalid. Therefore, an eviction notice cannot be obtained from the tenant before the lease start date specified in the lease agreement. However, the trick is quite simple: obtaining a blank eviction notice or writing the date of issuance as a later date.
The eviction notice contains two dates: the date of issuance and the date of eviction commitment. Th first is the date the eviction notice is issued. The second is the date on which the tenant commits to vacating the property.
An eviction notice issued on the same date or before the start date of the lease agreement is invalid, as the condition “after delivery of the rented property” in the law is not met. Therefore, an eviction notice issued in violation of a mandatory provision of the law cannot be used to win an eviction case.
Therefore, an eviction notice is either issued as a blank form when the lease agreement is signed, or the date of issuance is written to a later date than the lease start date.
I recommend reading our article “Is a Blank Eviction Notice Valid in Turkey?” for further information on the validity of a blank eviction notice.
2. All Tenants Must Sign the Eviction Notice in the Lease Agreement.
Let’s say there are two people on the tenant side in the lease agreement. In this case, it is not enough for only one of them to have signed the eviction notice. All tenants must have signed the eviction notice.
At the beginning of the lease agreement, the spouse who is not a party to the agreement has the right to become a “tenant” by unilateral notification to the lease agreement. (Turkish Civil Code 194/latest Turkish Code of Obligations 349/latest)
This validity requirement is important for the cancellation of the eviction notice when the property is used as a “family residence” and the spouse becomes a party to the lease agreement at a later time. For more detailed information on this issue, you can read our article “How to Cancel an Eviction Notice in Turkey?“
3. An Eviction Notice is Valid Only If Signed by a Specifically Authorized Representative.
A significant number of lease agreements are signed by authorized representatives. Although there is no problem in signing a lease agreement by proxy, if the representative who signs the eviction notice is not specifically authorized by the tenant to do so, it will not bind the tenant. This validity requirement can also be used as one of the methods to invalidate an eviction notice.
4. If the Eviction Notice is Subject to a Condition, the Condition Must Have Been Met.
In cases where the eviction notice is subject to a condition, it is important whether the condition has been met or not. If the condition is not met, the tenant is not obliged to vacate the premises. For example, if there is a condition that states “in case the rent is not paid for 30 days” or “if the rent is not paid twice in a row,” the tenant will need to prove that the condition has not been met.
TURKISH
Tahliye Taahhütnamesi
Kiracı : İsim – Soyisim – T.C. veya Yabancı Kimlik Numarası
Adres : -Kiralananın Adresi-
Tahliye Tarihi :
Düzenleme Tarihi :
Halen kiracı olarak oturmakta olduğum “…-Kiralananın Adresi…-” adresindeki yukarıda belirtilen tahliye tarihinde tahliye edeceğimi taahhüt ederim.
Kiracının Adı Soyadı
Kiracının İmzası
ENGLISH
Eviction Notice Sample in Turkey
Tenant : Name – Surname – T.C. or Foreigner Identification Number
Address : -The Renter’s Address-
Eviction Date :
Date of Arrangement :
I undertake that I will evacuate on the above-mentioned eviction date at the address “…-Address of the Leased…-” where I am currently residing as a tenant.
Tenant’s Name and Surname
Tenant’s Signature
IV. Frequently Asked Questions About Eviction Notices
1. Is a Blank Eviction Notice Valid in Turkey?
If the dates on an eviction notice are left blank and signed by the tenant, the eviction notice is valid. There is no legal problem with filling in the dates on the eviction notice at a later time.
Whether filling in an empty eviction notice at a later time constitutes a crime depends on whether the landlord is proven to have filled in the notice in violation of the agreement, with written evidence.
The tenant must prove in writing that the eviction notice was issued before the rental property was delivered. If the “commitment” or “eviction” date in the notice is filled in by the landlord contrary to the agreement between the tenant and the landlord, the tenant must also prove it in writing.
For more detailed information, please read our article “Is a Blank Eviction Notice Valid in Turkey?“
2. Can an Eviction Notice be Cancelled?
After the tenant gives an eviction notice, it is possible to invalidate the eviction notice. These can be considered as obtaining a warning letter from a notary or signing the notice with an unauthorized representative, making the spouse who is not a party to the lease agreement a party to the lease. For more detailed information, you can read our article “How to Cancel an Eviction Notice?”
I do not believe that the eviction notice can be cancelled by filing a cancellation lawsuit due to impaired will, fraud, intimidation, or deception. Similarly, the absence of the signature of the spouse who is not a party to the lease in the eviction notice alone will not invalidate the eviction notice, even if the lessor knew that the property was used as a “family residence”. For more detailed information, you can read our article “Discussion of Objection to Family Residence Against Eviction Notice“.
3. How is a Tenant Evicted with an Eviction Notice?
After the date of eviction or commitment stated in the eviction notice, an execution procedure must be initiated or an eviction lawsuit must be filed within 1 month at the latest. Starting an execution procedure can be faster and more advantageous than waiting for the tenant to respond.
We recommend reading our article “Vacate Process Due to Eviction Notice in Turkey” for information on how a tenant is evicted with an eviction notice.
Memduh Remzi BAL
Lawyer / Attorney in Turkey
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