The eviction notice is a document issued in writing, which includes the date of evacuation of the leased immovable property within the scope of the lease agreements for the lease of residences or workplaces. The eviction notice is regulated within the framework of freedom of contract and this issue is regulated in Article 352/1 of the Turkish Code of Obligations as follows: ” If the lessee has undertaken in writing to vacate the leased premises on a certain date after the delivery of the leased premises, but has not vacated the leased premises, the lessor may terminate the lease agreement by applying for execution or filing a lawsuit within one month starting from this date. ‘’
As can be understood from the wording of the aforementioned article, if the eviction notice is duly issued, the landowner may evict the tenant through execution or litigation within one month from the date specified in the notice. Pursuant to the relevant article, the formal requirements for the eviction notice to be legally valid are as follows:
1) The evacuation notice must be in writing.
2)The person making the commitment in the eviction notice must be the tenant or a representative authorized by the tenant.
3)The tenant’s declaration must be clearly arranged that he/she will evacuate the immovable property on the specified date.
4)The commitment statement of the lessee or the lessee’s authorized representative must be issued after the delivery of the leased immovable to the lessee.
In a decision of the High Court of Appeals on the subject:
“In the case of an evacuation commitment signed by the tenant with blank dates during the execution of the lease agreement, the defense that the dates of this document were given as blank before the delivery of the leased property and were completed later in violation of the agreement must be proven. In this way, that is, the subsequent completion of the arrangement and evacuation dates does not require the invalidity of the document, and the claim that these dates were completed in violation of the agreement must be proved by the lessee.” He emphasized the importance of specifying the date by making an evaluation in this way.
One of the most important issues to be noted with the formation of the validity conditions in question is that the lessor must initiate the legal process through execution or litigation within one month from the date agreed in the eviction notice. If the application through execution or lawsuit is not made within one month, the eviction request will be rejected by the judge ex officio.
THE ISSUE OF FAMILY RESIDENCE IN EVICTION COMMITMENT
If the family resides in the leased immovable, this residence is legally qualified as a family residence. If the immovable is to be leased as a family dwelling, the Law requires the consent of the spouse in the eviction commitment. Pursuant to Article 194/1 of the Turkish Civil Code, ” One of the spouses may not terminate the lease agreement regarding the family residence, transfer the family residence or limit the rights over the family residence unless the other spouse has given explicit consent.”
Pursuant to a decision of the High Court of Appeals on the subject: If the immovable property subject to the proceedings based on the eviction notice is used as a family residence and even if the annotation “family residence” is not annotated, the eviction cannot be carried out unless both spouses sign the notice together.
