In recent years in Türkiye with the increase in rental prices TENERS – EV OWNERS He also started to hold a great place on the agenda. One of the most important basis of evacuation requests is evacuation contract. In addition to the lease agreement, the landlords demand this document, while the tenants are seriously concerned about the validity of the document.
What is the evacuation commitment?
The evacuation undertaking is a written document showing that the tenant agrees to evacuate the rented immovable at a certain date. Article 352 of the Turkish Code of Obligations.
However, in order for the document to be valid, some conditions must be fulfilled:
- From the lease agreement later must be arranged
- Date should be clearly stated,
- It must be signed with the free will of the tenant.
Documents that do not meet these requirements may be invalid in the courts.
Ask the lawyer: “What errors are made most in the evacuation commitment?”
We met rent lawyerthe most common problem in practice, the lease agreement signed on the same day, he says:
“The landlords usually receive a commitment to evacuate with the lease agreement. However, the Court of Cassation does not accept such documents valid. Because it is not accepted that the tenant decides with the free will. In order to be valid, it must be signed after the contract and its date must be clear.”
The lawyer also emphasizes that the document may be considered invalid if the tenant signed under pressure.
Advantages for Hosts
The evacuation contract provides great convenience for the host. Because when the duration is expired, the landlord may request the removal of the tenant by direct execution instead of opening a long -term evacuation case. This provides advantage in terms of both time and cost.
Risks for tenants
The biggest risk for the tenant is the signing of the evacuation undertaking without realizing it. In particular, during the lease agreement, the landlord’s signature by saying “formality” can cause problems in the future.
If the tenant proves that this document is signed under pressure or that it is issued on the same date as the lease agreement, it may prevent evacuation. However, strong evidence is required in this process.
Precedent decisions from the Court of Cassation
- The evacuation commitments, which were left empty, were deemed invalid.
- The documents issued on the same day with the lease agreement were not accepted.
- The documents signed by the tenant with the free will were valid and the decision was made.
These decisions show how important the preparation of the document is.
Recommendations for validity
One rent lawyerHe makes the following suggestions to the parties:
“The evacuation commitment must be prepared after the lease agreement. The date should be clear, if possible, it should be arranged in the presence of a notary.
CONCLUSION
The evacuation commitment is a frequently used document in tenant – home -owned relationships but often incorrectly. Since it may have serious consequences for both tenants and hosts, the document must be arranged in accordance with the law.
An expert to prevent loss of rights and take the right step rent lawyerIt would be the safest way to get support from.
