What is Evacuation Commitment?
An eviction commitment is a written document in which the tenant undertakes to vacate the rented house on the date specified in the contract. This document can be issued as an annex to the rental agreement or signed as a separate document.
Validity of Evacuation Commitment
For the eviction commitment to be valid, some conditions must be met:
Be in Writing: The commitment to evacuate must be in writing. Verbal commitments are not valid.
Be Specific: In the eviction commitment, the date on which the tenant will vacate the house should be clearly stated.
Specification of Will: The eviction commitment must include a statement that the tenant expressly agrees to vacate the property.
Signed by Authorized Persons: The eviction commitment must be signed by the tenant and the landlord or their authorized representatives.
Fulfillment of Evacuation Commitment through Enforcement Proceedings
If the tenant does not vacate the house on the promised date, the landlord may initiate enforcement proceedings based on the eviction commitment. To initiate this follow-up, the host must;
Submitting the eviction commitment to the enforcement office
Payment of fees and expenses
Having the necessary notification made to the tenant’s notification address
must. The tenant may object within 15 days against the eviction order notified to the tenant’s residence by the enforcement office.
What Happens If the Tenant Objects to the Eviction Order?
If the tenant objects to the eviction order, the enforcement office sends the file to the civil court of peace. The court examines the validity of the eviction commitment and the legality of the enforcement proceeding. If the court finds the eviction commitment valid, it decides that the tenant vacate the house.
Cancellation of Evacuation Commitment
In some cases, it is possible to cancel the evacuation commitment. These situations are:
Obtaining the commitment to evacuate by force or fraud
The content of the eviction commitment is contrary to the lease agreement
Failure of the landlord to provide a reason requiring the tenant to be evicted
