Why an eviction undertaking requires precise revalidation
A Turkish tahliye taahhüdü can be an important landlord document, but it is not effective merely because a tenant signed a page carrying that title. Article 352/1 of Code of Obligations No. 6098 sets core elements: the tenant must undertake in writing to vacate the leased property on a specified date, and the undertaking must be made after the leased property has been delivered to the tenant. If the tenant does not vacate on the promised date, the landlord may use the statutory route within the one-month period beginning from that date. The document must therefore be tested for timing, content and identity rather than accepted by label alone.
Confirm that the undertaking was made after delivery
This sequence is central to the statutory rule. In due diligence, compare the lease date, evidence of actual delivery or key handover, commencement of occupation, and the date on the undertaking. A document apparently signed at the same time as the initial lease, an unclear timeline, or a form alleged to have been signed blank deserves legal review rather than a routine “valid” flag. Preserve any evidence showing when possession was actually transferred.
The promised vacate date must be identifiable
Article 352 refers to a commitment to vacate on a specified date. Check whether the document states a clear date and whether the date appears in a form that avoids competing interpretations. Keep the original or a reliable copy showing the full text, signature and date. Differences between landlord and tenant copies, later additions or alterations should be recorded as exceptions until their legal effect is assessed.
Match the tenant and the leased property
The name and identification details should correspond to the lease. The property description should allow the relevant unit to be identified through address, apartment or independent-unit number and other identifiers used in the lease. If there are multiple tenants, a family-home issue, a corporate tenant, or a signatory who is not the named tenant, do not assume that one document binds everyone. Those facts may affect enforcement and require case-specific legal analysis.
Do not confuse a potentially valid undertaking with automatic eviction
A document that appears to satisfy the substantive elements does not mean the tenant can simply be removed the next day without procedure. Article 352 links the landlord’s remedy to starting the appropriate enforcement or court process within the relevant one-month period. Ministry of Justice materials on enforcement likewise discuss written lease or valid eviction-undertaking documents in termination and eviction procedures. The date should therefore be managed as a legal deadline, not a casual calendar reminder.
Create a deadline control around the vacate date
Before the promised date, recheck the original, identities, property, delivery evidence and any later agreements. On the date, document whether the tenant actually vacated and whether keys were handed over. If not, refer the file promptly to Turkish counsel so that the applicable procedural step and deadline can be calculated without delay. Repeated informal promises should not be allowed to consume a statutory period unknowingly.
Document red flags
Warning signs include an undertaking dated on the same day as the lease without clear evidence that it was made after delivery, a vacate date added in different handwriting, missing signature next to an alteration, mismatched tenant or property details, an undated document, an unreadable image instead of the original, or conflicting accounts of when it was signed. A later extension or settlement affecting occupation should also be retained and reviewed with the original undertaking.
What to keep in the landlord or buyer file
Keep the lease, delivery evidence, original or reliable copy of the undertaking, identity documents, relevant correspondence and any later key-handover record. Add a dated review sheet stating which Article 352 elements were checked. If enforcement or court proceedings begin, preserve file numbers, notices, service dates and procedural deadlines together with the underlying document.
Legal limits
This guide describes a general Article 352 verification framework and does not determine whether a particular undertaking is valid or enforceable. Case law and special facts—multiple tenants, family-home issues, signature denial, disputed document dates or later agreements—can change the analysis. Where an owner intends to rely financially on the undertaking, or a buyer is purchasing a tenanted property, Turkish legal counsel should review the actual documents.
Additional questions and context
Can the undertaking be taken when the lease is signed?
Article 352 requires the undertaking to be made after delivery of the leased property, so the timeline must be checked carefully.
Must it be in writing?
Yes. The statutory rule requires a written undertaking.
Must a vacate date be specified?
Yes. The undertaking should identify a specific date for vacating.
What if the tenant does not leave?
Seek legal advice immediately because the statutory route is tied to a period beginning from the promised date.
Is a photograph of the document always enough?
For due diligence, retain the original or a reliable clear copy, especially if signature or date may later be disputed.