Court of Cassation Decision on Eviction Commitment
TC JUDICIARY
6TH GOVERNMENT DEPARTMENT
ESAS NO:2015/5363
DECISION NO: 2016/1143
DECISION DATE 22.02.2016
THE EVICTION COMMITMENT GIVEN WITH THE RENEWED LEASE AGREEMENT WILL BE VALID EVEN IF IT BEARS THE SAME DATE WITH THE LEASE AGREEMENT.
Above dated and numbered decision of the district court to cancel the objection was appealed by the plaintiff in due time, and all documents in the file were read, discussed and evaluated.
The lawsuit is related to the request for cancellation of the objection to the enforcement proceeding based on the eviction commitment. The court decided to dismiss the case and the decision was appealed by the plaintiff’s attorney.
There is no dispute between the parties in the 4-year lease agreement dated 6.5.2006.
During the continuation of this contract, a new 5-year lease agreement dated 1.7.2009, with a start date of 1.7.2009, dated 1.7.2009, which is understood to have been made on 15.4.2009 with the mutual will of the parties, was signed. and with the evacuation commitment letter published on the back page of this contract, it was accepted and committed by the tenant to be unconditionally evacuated on 1.7.2014, the end of the contract.
The evacuation commitments given with the renewed contract are considered valid even if they bear the same date as the contract. On the other hand, it is possible for the parties to come together after the contract is concluded and determine the end of the contract, there is no provision of law restricting this.
In this case, since the eviction commitment dated 14.5.2009 and dated 1.7.2014 and the eviction commitment dated 1.7.2009 and the contract with the starting date of 1.7.2009 have the same date, the fact that the contract is written as 1.7.2009 does not mean that this contract has been renewed. Since the evacuation commitments dated 14.5.2009 and 1.7.2014 are valid, it is not correct to decide to dismiss the case in writing, while the merits of the case should be examined and the evacuation of the lease should be decided.
CONCLUSION:
For the reasons explained above, it was unanimously decided on 22.02.2016 to accept the appeal objections and annul the decision in accordance with Article 428 of the HUMC pursuant to the provisional Article 3 added to the Code of Civil Procedure. With the Law No. 6217 and the Law No. 6100, the prepaid objection fee shall be refunded to the objector upon request.
Validity Conditions of the Evacuation Undertaking in Doctrine
1.In writing (through a Notary Public if possible)
2.The Eviction Commitment must be given in person or by a representative.
3.The Eviction Notice must specify a specific date for eviction.
4.The Eviction Notice must be freely given.
5.The eviction notice must be given after the delivery of the leased premises and for a date later than the date in the lease agreement.(Doctrine)
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