Disputing the Signature or Date on an Eviction Undertaking in Turkey

What Are the Basic Requirements for an Eviction Undertaking?

For residential and roofed commercial leases, Article 352 of the Turkish Code of Obligations provides a termination route where the tenant has undertaken in writing, after delivery of the premises, to vacate on a specified date but does not leave.

The review covers the written commitment, its attribution to the tenant or an authorised representative, the delivery chronology and the agreed vacating date. A document’s heading does not answer these questions.

Can a Written Notice Extend the Time for a Lawsuit?

Under Article 353, if the landlord notifies the tenant in writing, no later than the applicable action deadline, that a lawsuit will be brought, the time for bringing that action is extended by one rental year.

The notice, its timing and its relevance to the intended lawsuit must be examined. This rule concerns the time for a lawsuit; it does not extend the tenant’s seven-day enforcement objection period. Nor should it be assumed to extend every deadline for commencing an enforcement procedure.

A private written undertaking is not automatically invalid because it was not notarised. Its form nevertheless matters when the signature or dates are disputed. For related lease issues, see our landlord and tenant law services in Antalya .

Is a Signature Objection the Same as a Date Objection?

No. A signature objection challenges whether the document was signed by the person to whom it is attributed. A date objection may accept the signature while disputing the execution date or the vacating date entered on the form.

Which Date Are You Challenging?

• Execution date: when the undertaking was actually given, particularly in relation to delivery of the property.
• Vacating date: the date on which the tenant is said to have agreed to leave.

Both may matter, but for different reasons. Explain separately whether either date is incorrect, was left blank, or was later altered.

What If You Signed an Undertaking with Blank Dates?

Signing a form with empty date fields does not automatically make the completed undertaking unenforceable. The assessment includes what authority was given to complete it and whether the completed text departed from the agreement.

A clear objection to dates in a private document may affect the available enforcement-court route. Establishing unauthorised completion in a subsequent merits proceeding is a separate evidential question.

Does Different Handwriting Prove Invalidity?

Not by itself. The whole undertaking does not ordinarily have to be written in the tenant’s handwriting. Someone else entering a date is different from someone entering a date without authority.

Can Witnesses Prove Unauthorised Completion?

Do not assume that witness testimony alone is sufficient. Documentary proof restrictions can apply where an admitted signed blank document is alleged to have been completed contrary to an agreement. Written evidence, applicable exceptions and any legally available oath evidence require case-specific assessment.

Allegations that a signed blank form was entrusted for agreed completion should also be distinguished from allegations of a forged signature or a document obtained through deception. Their legal and evidential treatment may differ.

What If the Undertaking Was Signed Before Property Delivery?

Article 352 requires the undertaking to be given after delivery of the premises. A commitment obtained before delivery as part of the initial lease-signing package can therefore raise a substantive validity issue.

A later date printed on the undertaking does not eliminate a genuine dispute about when it was actually obtained. Equally, saying that it was signed with the lease does not prove the chronology without supporting records.

• When were the lease and undertaking signed?
• When were the premises and keys delivered?
• Was the tenant already in possession under an existing tenancy?
• Were the documents sent together before the initial handover?
• Does the lease identify the undertaking as an attachment or delivery condition?

For document checks before moving in, see our guide to renting property in Turkey .

How Long Do You Have to Object to an Eviction Order?

Under Article 274, the tenant has seven days from service to object to the eviction order in the relevant non-judgment enforcement procedure. The objection is submitted to the enforcement office by petition or an oral declaration recorded there.

The period is linked to service of the official order, not simply the landlord mentioning the undertaking. The proceeding, service method and notification record must be checked before calculating the deadline.

If the period appears to have passed or service is disputed, obtain urgent file-specific advice rather than assuming a late ordinary objection will be effective.

Does an Objection End the Eviction Dispute?

No. A timely objection under Article 274 stops the relevant enforcement procedure. The landlord may pursue an available route to overcome the objection or seek eviction.

The Enforcement Court’s Limited Assessment

Article 275 gives particular significance to documents drawn up by a notary, documents whose date and signature are notarised, and admitted documents. A properly disputed private undertaking may require fuller adjudication instead of removal of the objection through this limited route.

A UYAP-published Court of Cassation decision dated 11 June 2013 illustrates the distinction: the tenant accepted the signature but challenged the later entry of dates, and the dispute could not be resolved through the document-based removal route on the facts of that case.

A Subsequent Civil Action

Refusal to remove the objection through the limited enforcement route does not necessarily decide the undertaking’s ultimate validity. A later civil proceeding may examine the signature, completion authority and delivery chronology under the applicable proof rules.

Rental disputes under the ordinary civil route generally fall within the jurisdiction of the Civil Court of Peace (Sulh Hukuk Mahkemesi). This should be distinguished from the Enforcement Court (İcra Hukuk Mahkemesi). Jurisdiction, venue and the correct claim must be checked for the individual file.

Is Mediation Required?

Article 18/B of Law No. 6325 generally requires mediation before bringing rental disputes as lawsuits, while excluding the specified non-judgment eviction enforcement procedure. A subsequent civil action must be assessed separately.

Mediation can affect the calculation of applicable limitation and forfeiture periods under its statutory rules. It does not replace the tenant’s enforcement objection or automatically protect every procedural deadline.

Can a Notarised Eviction Undertaking Be Challenged?

Potentially, but an ordinary denial should not be assumed to have the same effect as a challenge to a private document. Identify precisely what the notary authenticated and obtain the full notarial instrument.

Articles 208–209 of the Code of Civil Procedure distinguish challenges to official instruments from disputes over private documents. The allegation and document form determine the procedural requirements.

Which Records Help Establish a Signature or Date Dispute?

Organise the file around the disputed fact. A signature question calls for different records from a disagreement about when the keys were delivered.

Will an Expert Examine the Signature?

A civil court may examine authenticity through the applicable document-verification procedure, including comparison material and expert assistance where needed. An original can be important; a screenshot may not permit reliable examination of the physical signature or alterations.

Preserve the original without marking or changing it. Keep electronic files in their original form. Expert examination should not be expected to establish an exact signing or ink date in every case.

What If Forgery Is Suspected?

The facts may require a separate criminal-law assessment. Filing a complaint does not replace the response required in the enforcement or civil proceeding. Any protective application must be considered in the relevant file.

What Should Foreign Tenants in Antalya Check?

Keep the Turkish original alongside any translation. Explain which language was used, what you understood you were signing and whether an interpreter or translated explanation was available. A language difficulty alone does not automatically cancel the undertaking.

For tenants in Konyaaltı, Muratpaşa, Lara or elsewhere in Antalya, the priority is to connect the document to the actual signing, handover and procedural history. If you are abroad, send complete copies promptly and identify where the originals are held.

Our guides to remote legal representation in Turkey and powers of attorney for foreign clients explain practical arrangements. Some procedural acts may still require personal participation.

How Should You Prepare the Dispute for Legal Review?

Document-Based Assessment

Identify the Fact, the Evidence and the Procedure

A useful review identifies what you accept, what you dispute and which record supports each point. It also establishes whether the matter is still an informal demand or has become an official proceeding.

Send all pages of the official papers, together with service information. Explain any uncertainty about dates instead of presenting an estimate as fact.

1. Identify the current procedure. Record the authority, file number, document type and notification information.
2. Explain the objection precisely. Separate a denied signature from accepted signing with disputed dates or delivery circumstances.
3. Build the chronology. List lease signing, key delivery, undertaking execution, the stated vacating date and subsequent official steps.
4. Preserve the records. Keep originals, earlier copies, complete correspondence and supporting institutional documents.
5. Check the required response. Assess enforcement objections, mediation, court proceedings and protective measures separately.

Illustrative Example: Genuine Signature, Disputed Dates

A tenant accepts signing the form but says the dates were blank. An earlier photograph shows empty fields, while messages discuss completing the form after a later agreement. The review asks what those records establish about authority and chronology, alongside the formal objection and current procedure.

This is a hypothetical illustration, not a reported client case. Its purpose is to show why the signature and disputed completion should be explained separately.

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Disputing an Eviction Undertaking: Your Questions