An eviction undertaking is a written, unilateral statement by the tenant in which they agree to vacate the leased property by a specified date. If the tenant does not vacate within the allotted time, the landlord can start enforcement actions or file a lawsuit within one month.
The requirements for a valid eviction process are as follows:
- The tenant’s free will,
- The eviction undertaking is signed after the lease agreement,
- The presence of a specific and clear eviction date, and
- The tenant is personally signing the eviction undertaking.
In its decision dated 28.02.2018 (8th Civil Chamber of the Court of Cassation, 2017/4711 CN., 2018/2893 DN.), the Court stated that “The eviction undertaking … is null and void as it was not the product of the tenant’s free will”, thereby emphasizing that the tenant’s free will is a validity requirement of the eviction undertaking.
In its decision dated 28.09.2021 (General Assembly of Civil Chambers of the Court of Cassation, 2017/975 CN, 2021/1108 DN.), the Court ruled that an eviction undertaking signed before the lease agreement is invalid, indicating that the undertaking must be signed after the lease agreement has been executed.
In its decision dated 09.03.2020 (12th Civil Chamber of the Court of Cassation, 2020/1175 CN., 2020/2309 DN.), the Court stated that “If the eviction date is not clearly (explicitly) indicated in the eviction undertaking, the existence of such an undertaking cannot be accepted”, emphasizing that a specific and clear eviction date is a validity requirement.
