Istanbul, February 14 – The ongoing dispute between landlords and tenants over eviction continues to be a prominent issue in public discourse. In a recent case from Istanbul’s Şişli district, a landlord rented out an apartment for 3,500 TL on May 15, 2022. Allegedly, the landlord obtained an eviction undertaking from the tenant one day after the rental agreement was signed.
Eviction Attempt and Tenant’s Defense
One year later, the landlord sought to evict the tenant, who refused to vacate the property, claiming the undertaking was signed under duress. The landlord subsequently filed a lawsuit, and the local court initially ruled in favor of the tenant. However, the case was then taken to the Supreme Court of Appeals, which issued a notable decision.
Attorney Aylin Esra Eren, who discussed the court proceedings and the Supreme Court’s decision with milliyet.com.tr, stated, “The dispute between the tenant and the landlord has been resolved by the Supreme Court of Appeals.”
Details of the Case:
- Lease Date: May 15, 2022
- Rent: 3,500 TL
- Eviction Undertaking Signed: May 16, 2022
- Landlord Initiates Enforcement: May 17, 2023
The tenant, who rented the property on May 15, 2022, signed an eviction undertaking on May 16, 2022. Following the rental and the undertaking, the tenant did not vacate the property. On May 17, 2023, the landlord initiated enforcement proceedings due to the tenant’s failure to vacate. The tenant, however, claimed that the eviction undertaking was signed under duress and requested the rejection of the enforcement proceedings.
Local Court Rules in Favor of Tenant
Subsequently, on June 13, 2023, the landlord filed a lawsuit for the annulment of the objection. In their defense, the tenant argued that the undertaking was signed under force and pressure during the lease agreement, requesting the dismissal of the lawsuit. The local court ruled in favor of the tenant, finding their statements more credible due to the difference in dates between the lease agreement and the eviction undertaking.
The court considered the fact that the eviction undertaking was signed one day after the lease agreement as evidence supporting the tenant’s claim of having signed the document under pressure.
Supreme Court of Appeals Overturns Local Decision
However, the Supreme Court of Appeals overturned the local court’s decision. The Supreme Court ruled that the eviction undertaking signed on May 16, 2022, should be considered as signed by the tenant’s free will. Furthermore, it was emphasized that an eviction undertaking given after the lease agreement is valid. The Supreme Court concluded that the tenant failed to prove these claims and ruled for the reversal of the local court’s decision in favor of the law.
This decision indicates that an eviction undertaking signed by the tenant’s free will will be considered valid. Although tenants often claim that eviction undertakings are signed under duress, the Supreme Court has determined that such situations will not be deemed invalid. This ruling sets an important precedent regarding the validity of an eviction undertaking obtained after the conclusion of a lease agreement.
The Supreme Court of Appeals’ decision, rendered on February 25, 2025, will serve as a significant reference in similar tenant-landlord disputes. If the tenant’s claims of signing an undertaking under duress cannot be proven, eviction requests will be considered valid. This decision reshapes the balance between tenants and landlords in Turkish law.
“If an eviction undertaking is signed on the same day as the lease agreement, it is not legally valid. However, if the eviction undertaking is signed one day after the lease agreement, we can say that there is a Supreme Court decision deeming it valid,” said Attorney Eren.
