This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Tahliye Taahhütnamesi Geçerli mi? Boş İmzalanan Belge.
A written undertaking to vacate is a tenant's written statement that they will leave the property on a defined date, and to be valid it must be given after the property has been handed over. One signed at the same time as the tenancy agreement, or before it, is invalid (Article 352/1 of the Code of Obligations). If the tenant does not leave on the date undertaken, the landlord must begin enforcement proceedings or bring an action within one month.
When you take a tenancy, a second document is often handed over with the agreement: an undertaking to vacate. Most tenants, anxious not to lose the property, sign it with the date left blank.
The document has legal force — but not the absolute force people assume. This article explains when it is valid, what follows from signing it with the date blank, and the defences a tenant can raise.
When Is an Undertaking Valid?
Article 352 provides that where a tenant undertakes in writing to vacate the property on a defined date and does not do so, the landlord may seek eviction.
The conditions are:
- it must be in writing
- it must be given by the tenant personally or their authorised representative
- it must state a defined date for vacating
- most importantly, it must have been given after the property was handed over
That last condition is decisive. An undertaking taken at the same time as the tenancy agreement is as a rule invalid, because it is not treated as reflecting the tenant's free will: at that moment the tenant is under pressure not to lose the property.
Is an Undertaking Signed Blank Valid?
The commonest situation in practice is an undertaking signed with the date left blank, which the landlord later fills in with a date of their choosing.
Legally this is a question of signing a blank document. The tenant may contend that it was completed contrary to what was agreed — but the burden of proving that falls on the tenant, and it is not easy.
Evidence that can be used: indications that the undertaking was drawn up on the same date or with the same pen as the tenancy agreement, correspondence between the parties, witness evidence, and forensic examination of the document.
The practical conclusion is simple: do not sign a document with the date left blank. If you have had to, take a copy and note the date.
The One-Month Deadline
Even a valid undertaking is subject to a deadline. Under Article 352, if the tenant does not vacate on the date undertaken, the landlord must apply for enforcement or bring an action within one month of that date.
That period is a forfeiture period. Once the month has passed, eviction can no longer be sought on that undertaking: it is spent.
Where the landlord went on accepting rent after the date and let the month pass, the tenant may raise that as a defence.
What Defences Can a Tenant Raise?
- The undertaking was taken before the property was handed over. Where it was signed at the same time as the agreement, this is a strong defence.
- The date was filled in later and contrary to what was agreed.
- The one-month period has passed. The court applies the forfeiture period of its own motion.
- The signature is not the tenant's. This must be raised separately and expressly.
- The undertaking was given by someone without authority. An undertaking given by a spouse does not as a rule bind the tenant.
Where the property is the family home, the position of a spouse who is not the tenant is assessed separately under Article 194 of the Code of Obligations.
| Requirement | Consequence |
|---|---|
| In writing | An oral undertaking has no effect |
| Signed by the tenant or their authorised representative | A family member's signature is not enough |
| Given after the property was handed over | One signed with the agreement is invalid |
| States a defined date | An undertaking without a date has no effect |
| Proceedings begun within one month of that date | After the month the undertaking is spent |
The requirement that the undertaking be given after the handover is the point on which most of these cases turn.
An undertaking signed at the same time as the tenancy agreement is invalid, and one with the date left blank puts the burden on you to prove it was completed contrary to what was agreed. If you must sign, take a copy and note the date — and remember that the landlord has only one month from the date undertaken to act on it.
Frequently Asked Questions
Is an undertaking signed with the tenancy agreement valid?
As a rule no. Under Article 352/1 it must be given after the property has been handed over; one signed at the same time as the agreement is invalid.
I signed with the date blank — what now?
You may contend that it was completed contrary to what was agreed, but the burden of proving that falls on you. Indications about when the document was drawn up, correspondence and witness evidence are what help.
How long does the landlord have?
One month from the date undertaken, to begin enforcement proceedings or bring an action. It is a forfeiture period, applied by the court of its own motion.
Does an undertaking signed by my spouse bind me?
Not as a rule. The undertaking must be given by the tenant personally or by their authorised representative.
Does an oral promise to leave count?
No. The undertaking must be in writing and must state a defined date.