Pursuant to Article 352/1 of the Turkish Code of Obligations, if the tenant has not vacated the immovable property on the promised date despite a valid written evacuation commitment, “…the lessor may terminate the lease agreement within one month starting from this date by applying for execution or filing a lawsuit”. Pursuant to the provision of the article, the lessor is granted an optional right in the event that the subject of the lease agreement is not vacated by the lessee on the promised date. Accordingly, the lessor may initiate enforcement proceedings against the lessee or may prefer to file a lawsuit.
If the tenant fails to vacate the immovable property on the promised date in accordance with a valid evacuation commitment, the lessor is required to initiate enforcement proceedings against the tenant within 1 month from the promised date. Pursuant to Article 272 of the EBL, the enforcement office shall issue a payment order to the lessee for the evacuation and delivery of the immovable within 15 days. The tenant may object to the payment order sent to the tenant by the enforcement office within 7 days. If the tenant objects to the payment order, the creditor lessor may request the removal of the objection in the enforcement law court, or an eviction lawsuit may be filed in the general courts based on the eviction commitment. If the tenant does not object to the payment order within the time limit or if the objection is rejected, the immovable is forcibly evicted at the end of the period and delivered to the lessor. It is sufficient that the eviction commitment is made in ordinary written form. Whether the eviction undertaking is made in ordinary or official form is important in terms of the procedure to be followed in case the lessee objects to the payment order in the enforcement proceedings against the lessee by the lessor. If the eviction undertaking is made in official form or in ordinary written form and the signature in the eviction undertaking is not denied, the lessor may request the removal of the objection in the enforcement law court in accordance with Article 275/2 of the EBL. On the other hand, if the signature in the ordinary eviction undertaking is denied by the lessee, the lessor can only file an eviction lawsuit in the civil court of peace
If the lessor prefers to file a lawsuit in case the immovable is not evacuated on the committed date based on a valid evacuation commitment by the lessee, the lessor must file an evacuation lawsuit in the civil court of peace within 1 month from the committed date.
According to Article 353 of the Turkish Code of Obligations, “If the lessor has notified the lessee in writing that he will file a lawsuit within the period stipulated for the filing of the lawsuit at the latest, the period for filing a lawsuit is deemed extended for one lease year”. Pursuant to Article 352 of the Turkish Code of Obligations, if the tenant fails to vacate the immovable property on the promised date, the lessor may file a lawsuit within 1 month from the promised date. However, if the lessor has filed an enforcement proceeding against the lessee within 1 month from the promised date and the lessee has denied the signature of the lessee, it should be accepted that the period for the lessor to file a lawsuit will be extended by one lease year since the enforcement proceeding made by the lessor pursuant to Article 353 of the Turkish Code of Obligations is in the nature of a written notification. In addition, pursuant to Article 353 of the Turkish Code of Obligations, in the event that the lessor notifies the lessee in writing within a period of 1 month, in addition to the enforcement proceedings made by the lessor within a period of 1 month, the lessor’s time to file a lawsuit will be extended by one lease year.
In the event that the immovable property subject to the lease agreement is transferred to a third party, the third party who acquires the ownership of the immovable property will be able to request the eviction of the tenant based on the eviction commitment agreed between the previous lessor and the tenant, since the third party who acquires the ownership of the immovable property is the minor successor of the lessor.
Pursuant to Article 322 of the Turkish Code of Obligations, the lessee may sublease the leased property in whole or in part to another person, as well as transfer the right of use to another person, provided that it does not lead to a change that will harm the lessor. In the event that the lessee leases the immovable property to a third party under a sublease agreement, the lessor may only request the eviction of the immovable property based on the eviction commitment against the lessee. However, in the event of the transfer of the lease relationship with retroactive effect, the lessor may request the eviction of the new tenant based on the eviction commitment given by the old tenant. If more than one lessor has entered into a lease agreement with the lessee, all lessors will be required to file a lawsuit together, since there is a compulsory litigation friendship between the lessors. In the event of the death of the lessor after a valid agreement on the eviction commitment between the lessee and the lessor, the eviction of the lessee may be requested by the heirs since there is a relationship of succession between the heirs and the muris lessor. Since there is a united ownership between the heirs, the heirs will have to file a lawsuit together. Pursuant to Article 352 of the Turkish Code of Obligations, if the lessor does not initiate enforcement proceedings for the eviction of the lessee or does not file an eviction lawsuit within the 1-month period stipulated in Article 352 of the Turkish Code of Obligations, the lessor’s right to apply for legal remedies for the evacuation of the leased property will be cancelled. In other words, the period stipulated by the legislator is a forfeiture period and must be taken into consideration by the judge ex officio.
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