How Long Does Eviction by Undertaking Take in İzmir?

An eviction undertaking is a written declaration by the tenant affirming that they will vacate the leased premises by a specified date. Regulated under Article 352 of the Turkish Code of Obligations, this document, when valid, grants the landlord the right to terminate the lease without the need to rely on any other grounds.

However, in practice a significant number of undertakings prove unenforceable because they fail to meet the validity requirements. For this reason, before considering how long the process will take, it is essential to first evaluate whether the document in hand is indeed valid.

For an eviction undertaking to produce legal consequences, the following conditions must generally be met:

• Written form: The undertaking must be in writing.
• Executed after delivery of the premises: Under settled case law of the Court of Cassation (Yargıtay), undertakings obtained at the same time as the lease agreement or before the premises are delivered to the tenant are generally deemed invalid, on the ground that the tenant is presumed to have been under duress. The undertaking is expected to have been given of the tenant's own free will, after the tenant has moved into the premises.
• Specification of a definite evacuation date: The date by which the premises must be vacated must be clear and definite.
• Signature of the tenant (or their duly authorized representative).

The absence of any one of these conditions is the most common cause of objection and delay at the very outset of the process.

If the tenant fails to vacate the premises by the date specified in the undertaking, the landlord has two avenues of recourse. The law imposes an important deadline here: the landlord must act within one month from the undertaken date. If this period is missed, the right to evict based on the undertaking may become unenforceable for that particular occasion.

1) Eviction Through Enforcement Proceedings

The landlord may initiate non-contentious enforcement proceedings for eviction based on the undertaking through an enforcement office. An eviction order is served on the tenant, and the tenant has seven days to object.

• If the tenant does not object, the proceedings become final and the case proceeds to the eviction stage.
• If the tenant objects, the enforcement is stayed; the landlord must apply to the Enforcement Court for the objection to be overruled. If there is a substantive objection to the signature or the validity of the document, the matter transforms into full litigation, thereby extending the process.

2) Eviction Action Before the Civil Court of Peace

Alternatively, the landlord may file a direct eviction action. In eviction cases arising from a lease relationship, the court with jurisdiction is the Civil Court of Peace, and the court with territorial competence is, as a general rule, the court in the location of the leased premises. For a property situated in Konak, this would be the İzmir Civil Courts of Peace.

There is no single definitive answer; the timeline varies depending on which route is taken, whether the tenant objects, and the workload of the court or enforcement office. The following ranges are approximate values based on general practice in İzmir:

• Enforcement route, no objection: This is generally the fastest route. From the service of the eviction order, expiration of the statutory periods, and physical eviction, the process can often be completed within a few weeks to a few months.
• Objection filed or litigation route chosen: The matter transforms into a trial before the İzmir Civil Court of Peace (or the Enforcement Court in the case of an objection being overruled). Due to hearing intervals and court caseload, this process may extend from several months to over a year.
• Appellate stage: If the decision is appealed, the review process before the İzmir Regional Court of Justice may add several more months to the total duration.

It should also be taken into account that the İzmir Courthouse serves from the Bayraklı campus and that the İzmir Civil Courts of Peace carry a heavy caseload in lease disputes. This congestion is one of the factors that directly affects timelines, particularly in litigation proceedings.

• An undertaking that fully satisfies the validity requirements, with a clear date and signature
• Filing the application within the one-month period without delay
• The tenant not raising an objection

• Validity disputes, such as the undertaking having been obtained at the same time as the lease agreement
• Objections to the signature or the document
• Service problems due to incomplete or incorrect addresses
• Court caseload and the appellate process

The most frequently encountered error is having the undertaking signed on the same day as the lease agreement and before the premises are delivered; in such cases, the document is generally deemed invalid. Another common error is missing the one-month application deadline after the undertaken date. Having the document evaluated by an attorney before initiating the process helps prevent loss of time and rights in subsequent stages.

When is an eviction undertaking valid? It is considered valid when it is in writing, given by the tenant of their own free will after the delivery of the premises, and specifies a definite evacuation date.

What can be done if the tenant does not vacate on the undertaken date? The landlord may initiate enforcement proceedings or file an eviction action before the Civil Court of Peace within one month from the undertaken date.

How long does eviction take in İzmir? The exact duration varies by case. In enforcement proceedings without objection, a few weeks to a few months; with objection or litigation, the process may extend from several months to over a year. Court congestion is a decisive factor.

In which court is an eviction action filed? In eviction cases arising from a lease relationship, the court with jurisdiction is the Civil Court of Peace; for properties in Konak, the İzmir Civil Courts of Peace are competent.

Is an undertaking signed on the same day as the lease agreement valid? Undertakings obtained before delivery or at the same time as the lease agreement are, in practice, generally deemed invalid.

Must the undertaking be executed before a notary? This is not a requirement; a simple written undertaking may also be valid. However, a notarized document may facilitate the process of having an objection overruled.

The timeline for eviction by undertaking may range from a few weeks to over a year, depending on the validity of the document, the route chosen, and the tenant's conduct. In the specific context of İzmir and Konak, court congestion is also a significant factor affecting the duration. The first step to ensuring a smooth process is to have the undertaking and the applicable deadlines properly assessed from the outset.

For legal support regarding lease and eviction processes, please contact Yücesoy Attorney Partnership & Law Firm.

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy