In short
The question of how a tenant is removed with an undertaking to vacate is answered as eviction proceedings without a judgment, or an eviction action at the civil court of peace. This route is not enforcement of a court judgment. In the undertaking, the document is the eviction order. The period runs from the day of leaving written on the undertaking. If the date is blank, the enforcement directorate does not fill the day itself.
The undertaking is not a judgment
An undertaking to vacate is the document by which the tenant undertakes that the leased property will be vacated on a certain date. The Code of Obligations gives a possibility of action relying on this document. The Enforcement and Bankruptcy Code also regulates an eviction order without a judgment where the tenancy has expired. Practice treats the date on the undertaking as the start of this route without a judgment. The logic of a payment order does not work here. The heading of the paper that goes to the tenant is an eviction order. A petition objecting to the debt may not use up the period of the eviction order. Staying silent without looking at the eviction order at all may miss the objection. General attachment proceedings opened for the rent claim do not vacate the house. Money proceedings and eviction proceedings are not melted in the same file. The two want separate requests.
What is looked for in the text
It is looked for that the leased property is distinguished on the undertaking, that the tenant's signature is there, and that the date of leaving is written openly. A sentence of "I will leave when the contract ends" may not be an undertaking with a certain day. If the date was filled in afterwards, this claim requires a trial. The enforcement directorate does not complete a blank date itself. A claim that the undertaking was taken when the lease was made, or as a blank paper, is often seen. This claim does not mean refusal of the proceedings without a judgment in every file. The claim is documented. A text drawn up at a notary and an ordinary written paper change which court the objection goes to. A residential lease and a business lease are separated in the grounds of eviction. The undertaking route may be spoken in both types. The wrong independent section does not take the eviction to that door.
The eviction order and the objection
The enforcement office serves the eviction order. The order asks for the immovable to be vacated and delivered within the period written in the statute. The text also writes that, if there is an objection of renewal or extension, this is notified in a short time. The statutory text provides seven days for this notice and fifteen days for the eviction. The period is read from service of the order. A day is not started without a photocopy of the order. If no objection is made, the proceedings become final. If the tenant does not leave in time, the actual eviction may be asked. If an objection is made, the proceedings stop. An objection to the signature or to the eviction date cannot be lifted at the enforcement court if there is no document drawn up by a notary or whose signature was certified. The creditor opens that dispute at the civil court of peace. The tenant who says "I accept the signature but I will not leave" and the tenant who says "this signature is not mine" do not go to the same court.
The route that remains when the period is missed
Proceedings without a judgment are opened, in practice, within one month from the date on the undertaking. This period may produce a forfeiture result. After the month has passed, a request for a new eviction order with the same paper may be refused. The action door also looks at the same short period following the date of the undertaking. If the period has been missed, unpaid rent or another ground of eviction is assessed separately. A missed undertaking period does not close the proceedings for the rent debt. When the eviction takes place, the key and the goods are written separately. The day of removal is not the date on the undertaking itself. Finality of the order, and the directorate giving a day, are looked for. The document that is read is the undertaking, the eviction order, and the service. The contract describes the leased property. The contract does not fill a blank date. The petition writes which door will be vacated. The decision separates at which court the objection was lifted. An invoice may show the rent debt. An invoice does not produce the eviction day. The register may show the character of the immovable. The record should write the delivery of the key. The application should show the service annotation of the order.
Where the eviction file is read from
This article sets the undertaking to vacate, the eviction order, and the service annotation side by side. This article does not write the eviction day without the original of the undertaking. This article does not treat money proceedings as proceedings that vacate the house. The Çankaya office does not change the competent authority.
Conclusion
An undertaking to vacate gives birth to eviction without a judgment or to an action at the civil court of peace. The one-month application, the seven and fifteen days on the order, and denial of the signature are separate doors. An Ankara lawyer does not write the eviction day without looking at the original of the undertaking. The frame stands on the enforcement and bankruptcy law page. Removal under a judgment stands under the eviction judgment. The rent grounds stand under grounds for evicting a tenant. The payment paper stands under the payment order, and the objection stands under objection to enforcement proceedings. The tenancy intersects with real-property law. The basis is the provisions of the Enforcement and Bankruptcy Code No. 2004 and of the Turkish Code of Obligations No. 6098.