Tenant eviction Turkey using a written eviction undertaking Turkey (yazılı tahliye taahhüdü) under TBK 352. TENHA LAW FIRM guides landlords through fast, lawful eviction. Contact us for expert advice today.

Introduction

If you are a landlord or property investor dealing with tenant eviction Turkey issues, you have probably heard lawyers mention the “written eviction undertaking” – yazılı tahliye taahhüdü – under Article 352 of the Turkish Code of Obligations (TBK). This is one of the fastest and most powerful legal tools a landlord can use to recover possession of a property.

In recent years, strong increases in rental prices have led many landlords to look for lawful ways to remove non-cooperative tenants and re-let their properties at market value. As practice and doctrine show, landlords have increasingly turned to the written eviction commitment as the “easiest way” to obtain an enforceable promise to vacate – provided that all legal conditions are strictly met.

In this guide, TENHA LAW FIRM explains, in practical and accessible English, how tenant eviction Turkey works when you rely on a written eviction undertaking Turkey (yazılı tahliye taahhüdü), what makes such an undertaking valid, the biggest risks and common mistakes, and how we support local and foreign landlords through enforcement proceedings and eviction lawsuits.

1. Tenant Eviction Turkey – Basics of Written Eviction Undertakings

Under TBK 352/1, one of the main tenant-based grounds for ending a residential or roofed workplace lease is the tenant’s written commitment to vacate the premises on a specific date.

In simple terms, a written eviction undertaking is a document where:

• The tenant (not the landlord)
• After signing the lease and after delivery of the property
• In writing, and
• For a clearly specified date (day–month–year)

promises to vacate and return the property to the landlord. If the tenant does not leave on that date, the landlord can terminate the lease by starting enforcement proceedings or filing an eviction lawsuit within one month from that agreed date.

1.1. What Is a “Written Eviction Undertaking Turkey” in Legal Terms?

For tenant eviction Turkey purposes, this commitment is only valid if:

1. It is given by the tenant
   • Signed personally by the tenant or by a duly authorized representative.
   • In company leases, it must be signed by the person or organ authorized to represent the company.
2. It is in writing
   • Simple written form is sufficient; notarial form is optional.
   • It is enough that the tenant’s signature is handwritten; the entire text does not need to be handwritten.
3. It states a specific evacuation date
   • The date must be clear and unambiguous (day–month–year).
   • If the date is missing or unclear, the undertaking cannot be used for eviction.
4. It is signed after lease conclusion and after delivery of the property
   • Undertakings signed together with the lease, or even dated earlier than the lease, are generally considered invalid because they do not reflect the tenant’s free will.
5. It reflects the tenant’s genuine free will
   • If the tenant’s will is vitiated (error, fraud, duress), the tenant may challenge the undertaking under TBK provisions on defects of consent, within the one-year time limit.

2. Written Eviction Undertaking Turkey – Step-by-Step Procedure
Once you have a valid written eviction undertaking, the procedure for tenant eviction Turkey is much faster and more predictable than relying solely on general termination grounds.

2.1. Step 1 – Check the Validity of the Undertaking

Before acting, your lawyer should carefully review:

1. Signature & capacity – is it signed by the tenant (or authorized representative/company signatory)?
2. Date of signature – is it clearly after the lease and after delivery?
3. Eviction date – is a precise day–month–year stated, or only a vague month/year?
4. Family home issue – if the property is a family home, did the non-tenant spouse consent or sign?
5. Blank spaces – was the tenant’s signature taken on a blank form later completed by the landlord?

All of these points are critical, because any defect can destroy the usefulness of the written undertaking in eviction proceedings.

2.2. Step 2 – Wait for the Eviction Date

Under TBK 352/1, the landlord may only act after the agreed date has passed and the tenant has failed to vacate. The moment the date arrives and the property is not surrendered, the landlord acquires the right to terminate the lease based on the undertaking.

2.3. Step 3 – Choose Between Enforcement or Eviction Lawsuit

The landlord must act within one month from the agreed eviction date by either:

1. Starting enforcement proceedings (icra takibi) based on the written undertaking – a non-judicial, quicker route; or
2. Filing an eviction lawsuit before the Civil Court of Peace (Sulh Hukuk Mahkemesi).

If an eviction lawsuit is filed, the dispute falls under mandatory mediation as a condition of litigation (dava şartı arabuluculuk), meaning the landlord must first apply to a mediator before the court will hear the case.

2.4. Step 4 – Enforcement Route (Fast-Track)

In a typical enforcement scenario:

1. Your lawyer files for eviction through the enforcement office, attaching the written eviction undertaking.
2. The tenant is served with an eviction order.
3. If the tenant does not object on valid grounds or vacate, the enforcement office proceeds with forcible eviction and handover of the premises.

This route is often faster than a full lawsuit, especially when the undertaking is clearly valid and there are no serious factual disputes.

2.5. Step 5 – Eviction Lawsuit Route

If you choose the lawsuit route (or if there are strong objections raised in enforcement):

A successful judgment results in an eviction order which can then be enforced.

Apply to mandatory mediation and attempt a negotiated solution.

If no settlement is reached, file an eviction case based on TBK 352/1.

The court will examine the legality of the written eviction undertaking and the tenant’s defences (e.g. invalidity, defects of consent, family home issues, blank form misuse).

3. Common Challenges in Tenant Eviction Based on Written Commitments

The most common problem areas in tenant eviction Turkey cases involving written eviction undertakings include:

• ❌ Undertakings signed together with the lease
  These are typically considered invalid because they do not reflect free will; the tenant may sign under pressure just to obtain the property.
• ❌ Eviction date written only as a month (“June 2025”)
  There is strong doctrinal debate. The safer and more widely accepted position is that a precise day–month–year is required; month-only dates create uncertainty and can be considered invalid for TBK 352 purposes.
• ❌ Blank undertakings signed by the tenant
  If the landlord intentionally abuses a blank form to harm the tenant’s interests, the undertaking may be considered non-existent (yokluk) or invalid.
  If the form is later filled in in line with the tenant’s true intention (e.g. a date agreed orally), the undertaking can still be valid; but the tenant who claims misuse must prove it and may rely on error (hata) rules. In practice, this becomes a heavily fact-driven dispute.
• ❌ Family home (aile konutu) complications
  For family homes, Turkish Civil Code Art. 194 and TBK 349 provide additional protection. Even if only one spouse is party to the lease, the other spouse’s consent may be required for certain acts affecting the family home, and lack of consent can be raised as a defence in eviction proceedings. This must be analysed case by case.
• ❌ Conditions (şart) and penalty clauses (ceza koşulu)
  Undertakings may be linked to conditions (e.g. “if arrears are not paid by this date, the tenant will vacate”), and Turkish doctrine and case law generally accept conditional undertakings where the condition does not contradict mandatory law or good faith.
  Penalty clauses for failure to vacate can also be enforceable, but if the underlying undertaking is invalid, the penalty clause will fall with it.

4. Why Choose TENHA LAW FIRM for Tenant Eviction Turkey Services?

TENHA LAW FIRM acts for both Turkish and foreign landlords in complex tenant eviction Turkey disputes, including high-value residential and commercial properties.

Our Expertise

• ✅ 20+ years’ experience in Turkish lease and real estate litigation
• ✅ Deep familiarity with TBK 352 written eviction undertakings and Yargıtay case law
• ✅ Multilingual team assisting English-speaking and international investors
• ✅ Strategic use of enforcement, mediation and litigation to achieve fast, cost-effective outcomes

We routinely:

• Draft legally robust written eviction undertakings in Turkish and English, tailored to each property and client.
• Audit existing leases and undertakings to identify risks and invalid clauses before disputes escalate.
• Represent landlords in enforcement offices, mediation sessions and eviction lawsuits nationwide.
• Coordinate with property managers, notaries and brokers to ensure a smooth transition to new tenants once possession is recovered.

You can learn more about our real estate and rental law services on our website or contact us directly for a tailored assessment.

5. Frequently Asked Questions About Tenant Eviction Turkey

6. Conclusion: Taking Action on Tenant Eviction in Turkey

Dealing with tenant eviction Turkey can feel daunting, especially for foreign investors unfamiliar with Turkish procedure. However, when structured correctly, a written eviction undertaking Turkey under TBK 352 is one of the most effective tools to secure vacant possession without waiting years for generic litigation.

TENHA LAW FIRM helps landlords:

• Design legally solid written eviction undertakings at the start or renewal of leases,
• Audit existing documents and advise on their enforceability, and
• Execute a strategic plan combining enforcement, mediation and court action.

If you hold a yazılı tahliye taahhüdü and your tenant has not vacated on time – or you want to start using such undertakings in your leases – our team is ready to guide you from first review to successful eviction.

📞 Contact TENHA LAW FIRM today for a confidential consultation on tenant eviction in Turkey.

7. Key Takeaways

• ✅ A written eviction undertaking (yazılı tahliye taahhüdü) is a powerful, tenant-based ground for tenant eviction Turkey under TBK 352.
• ✅ For validity, it must be written, signed by the tenant, post-delivery and include a specific day–month–year date.
• ✅ The landlord must act within one month of the agreed eviction date, using enforcement or an eviction lawsuit.
• ✅ Common pitfalls include undertakings signed with the lease, month-only dates, blank forms and family home issues.
• ✅ TENHA LAW FIRM provides end-to-end support to landlords and investors using written eviction undertakings to protect their property rights.

Legal Disclaimer

This article is provided by TENHA LAW FIRM for informational purposes only and does not constitute legal advice. Turkish lease and eviction law is complex and subject to change. Each case must be assessed on its own facts. For specific guidance regarding tenant eviction Turkey or written eviction undertakings, please schedule a consultation with our attorneys. Content current as of 13 November 2025.