T.C. JUDGMENT
6TH CIVIL CHAMBER
ESAS NO:2015/5363
DECISION NO: 2016/1143
DECISION DATE: 22.02.2016
THE EVICTION UNDERTAKING GIVEN WITH THE RENEWED LEASE AGREEMENT WILL BE VALID EVEN IF IT BEARS THE SAME DATE WITH THE LEASE CONTRACT.
The decision on the cancellation of the objection case given by the local court, dated and numbered above, has been appealed by the plaintiff within the time limit, all the papers in the file have been read and discussed and considered.
The case is related to the cancellation of the objection to the enforcement proceeding based on the evacuation commitment. The court decided to dismiss the case and the judgement was appealed by the plaintiff’s attorney.
There is no dispute about the lease agreement between the parties dated 6.5.2006 for 4 years.
During the continuation of this agreement, a new lease agreement dated 1.7.2009 with a start date of 1.7.2009 and a term of 5 years, which is understood to have been issued on 15.4.2009 with the mutual will of the parties, was made, and with the eviction commitment letter issued on the back page of this agreement, it was accepted and undertaken by the tenant to be unconditionally evicted on 1.7.2014, which is the end of the contract.
The evacuation commitments given with the renewed contract are accepted as valid even if they have the same date with the contract. On the other hand, after the contract is made, it is possible for the parties to come together and determine the end of the contract, there is no provision of law restricting this.
In this case, since the evacuation commitment dated 14.5.2009 and dated 1.7.2014 and the evacuation commitment dated 1.7.2009 and the contract with the starting date of 1.7.2009 have the same date, writing the starting date of the lease agreement as 1.7.2009 does not mean that this contract has been renewed. Since the evacuation commitment dated 14.5.2009 and dated 1.7.2014 is valid, it is not correct to decide to dismiss the case in writing, while it should be decided to evacuate the leased property by examining the merits of the case.
CONCLUSION: For the reasons explained above, it was unanimously decided on 22/02/2016 to accept the appellate objections, and to revoke the judgement pursuant to Article 428 of the Code of Civil Procedure in accordance with the provisional Article 3 added to the Code of Civil Procedure No. 6100 with the Law No. 6217, and to refund the prepaid appeal fee to the appellant, if requested.
Validity Conditions of Eviction Commitment in Doctrine
1. In Writing (If possible through a Notary Public)
2. The Eviction Undertaking must be given in person or by a representative.
3. A specific date for eviction must be specified in the eviction undertaking.
4. The Eviction Commitment must be given freely.
5. The eviction undertaking must be given after the delivery of the leased property and for a date after the date in the lease agreement.(Doctrine)
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