Vacate Commitment in Turkish Rental Law: What Tenants Need to Know

A vacate commitment (tahliye taahhüdü) is one of the most commonly misunderstood documents in Turkish rental practice. Landlords present it as a routine formality; tenants sign it without reading it carefully; and then, years later, find themselves facing an eviction notice based on a piece of paper they barely remember. Understanding when this document is valid — and when it is not — can make the difference between keeping your home and losing it.

What Is a Vacate Commitment?

A vacate commitment is a written declaration by the tenant promising to vacate the rental property on a specific future date. Once that date arrives, the landlord can use this document — without any other grounds — to pursue eviction through the courts or enforcement offices.

The legal basis is Article 352 of the Turkish Code of Obligations (Türk Borçlar Kanunu). Under this provision, if a tenant has given a written vacate commitment, the landlord may file for eviction within one month of the promised vacation date. If the landlord does not act within this one-month window, the right lapses.

The Critical Timing Rule

The most important thing to understand about vacate commitments is timing. The commitment is only valid if it is given after the lease agreement has been signed and the tenant has taken possession of the property.

A vacate commitment signed at the same time as the lease agreement — or before the lease has started — is considered to have been obtained under duress or without the tenant's free consent. The Turkish Court of Cassation (Yargıtay, 6th Civil Chamber) has confirmed this rule in consistent rulings: a commitment signed simultaneously with the lease start does not give the landlord a valid eviction right.

This matters in practice because landlords routinely include a vacate commitment as part of the lease signing package, often presenting all documents together for signature. Many tenants do not realise they are signing away future occupancy rights at the very moment they are just beginning their tenancy.

Can Tenants Challenge a Vacate Commitment?

Yes — under certain conditions. A tenant can challenge the validity of a vacate commitment in court if:

• The document was signed at the same time as the lease agreement (simultaneous signing = presumptively invalid)
• The document is undated or the stated date has been added by the landlord after signing
• The tenant signed under duress or without free will (difficult to prove but possible with supporting evidence)
• The document does not specify a concrete vacation date

The burden of proof generally lies with the tenant who is challenging the commitment. The one-year limitation period for this challenge runs from the date of the commitment, not the eviction notice.

What Happens at the Vacate Date?

If the vacate commitment is valid and the landlord acts within the one-month window, the landlord may:

1. File an eviction lawsuit (tahliye davası) with the civil court
2. Apply directly to the enforcement office (icra müdürlüğü) for a removal order

The enforcement route can be faster. Once the court or enforcement office issues an order and it becomes final, the tenant must vacate — and if they do not, they can be removed by force through the bailiff.

During this process, the tenant can still raise objections. But challenging a validly executed vacate commitment is an uphill battle unless the tenant can point to a specific defect such as those listed above.

Practical Advice for Tenants

The single most protective step a tenant can take is to never sign a vacate commitment at the time of signing the lease. If a landlord insists on a vacate commitment as a condition of renting, negotiate to defer it to a later date and make sure the signing dates differ.

If you have already signed one and the landlord is using it against you, check:

• The date on the commitment versus the date on the lease
• Whether you received a copy at the time of signing
• Whether the vacation date stated matches what you agreed

These details often reveal defects that a qualified attorney can use in your defense.

How Mona Hukuk Can Help

Vacate commitment disputes require prompt legal action — the one-month window for the landlord and any counter-proceedings for the tenant move quickly. Our team in Antalya handles eviction proceedings and tenant defense for both Turkish nationals and foreign residents.

Contact us at contact@monahukuk.com or call +90 (242) 606 14 32 to book a consultation in Antalya.