Eviction Undertaking

Also known as: Undertaking to Vacate, Tahliye Taahhütnamesi, Tahliye Taahhüdü, TCO Article 352(1)

In short

A document in which the tenant undertakes in writing to vacate the premises on a specific date, allowing the landlord to seek eviction through enforcement proceedings or litigation within one month if the premises are not vacated.

An eviction undertaking is one of the grounds allowing a landlord to end residential and roofed workplace leases. Under TCO Article 352(1), if the tenant undertook in writing, after delivery of the premises, to vacate them on a certain date but did not, the landlord may end the lease within one month of that date by starting enforcement proceedings or filing suit.

Validity Requirements

Written form: The undertaking must be in writing and signed by the tenant.
Given after delivery: It must have been given after the premises were delivered to the tenant. Undertakings obtained before or at delivery are invalid.
Specific date: The vacation date must be specific.
Free will: It must not have been obtained under pressure.
Authorised person: It must be given by the tenant or an authorised representative; if there are several tenants, all must sign.

Deadline and Routes

Within one month of the undertaken date, the landlord may:

Start summary eviction proceedings under the Enforcement and Bankruptcy Law (outside mandatory mediation), or
File an eviction action at the civil court of peace (mediation required first).

If the period is missed, the undertaking can no longer be relied on. If the landlord notified the tenant in writing within this period that it will sue, the deadline is extended by one lease year (TCO Article 353).

Tenant’s Defences

The tenant may argue that the undertaking was given before delivery, that the date was filled in later, or that the signature is not theirs. Objections to the signature and validity are examined by the enforcement court. See Commercial Lease and Eviction for Personal Need.

Frequently Asked Questions

Is an eviction undertaking signed on the same day as the lease valid?

The law requires the undertaking to be given after delivery of the premises. Undertakings signed with the lease, before or at delivery, are considered given under pressure and are invalid. The landlord must prove the undertaking was given after delivery.

How soon must the landlord act after the undertaking date passes?

It must start enforcement proceedings or file suit within one month of the undertaken vacation date. If this period is missed, eviction cannot be sought on the basis of the undertaking (TCO Article 352(1)).

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