Tenant Signs an Eviction Undertaking in Turkey but Refuses to Leave: Enforcement Guide for Foreign Landlords – 2026 Updated Guide

What can a foreign landlord do when a tenant signs an eviction undertaking but refuses to leave in Turkey? Learn about enforcement, objections and court remedies.

A foreign landlord may obtain a written eviction undertaking from a tenant who promises to vacate the property on a specified date. When that date arrives, the tenant may refuse to leave, stop responding or claim that the document is invalid.

A properly prepared and valid eviction undertaking can provide a faster route to recover possession than an ordinary eviction claim. However, the document must satisfy important formal and substantive requirements, and strict procedural periods may apply.

The landlord should act quickly after the promised departure date and should not attempt to remove the tenant personally.

What Is an Eviction Undertaking?

An eviction undertaking is a written document in which the tenant promises to leave a rented property on a specified future date.

A useful undertaking should clearly identify:

• The tenant;
• The landlord;
• The property;
• The promised departure date;
• The tenant’s signature;
• The voluntary nature of the promise;
• Any relevant conditions;
• The date on which the document was signed.

The document should not be vague, incomplete or dependent on an uncertain future event.

The landlord should preserve the original document. A copy may be used for initial analysis, but the original may be important if the tenant disputes the signature or wording.

When Is an Eviction Undertaking Valid?

Validity depends on the document and the circumstances in which it was signed.

Important questions include:

• Was the document signed voluntarily?
• Was the property clearly identified?
• Is the departure date certain?
• Is the tenant’s signature genuine?
• Was the document signed by an authorized person?
• Were there multiple tenants?
• Was the tenant pressured or misled?
• Was the document signed as a condition of receiving the property?
• Was the document altered after signing?
• Does the document match the lease and payment records?

The timing of the undertaking may be especially important. A document signed before the tenancy or before delivery of the property may be challenged in some circumstances, particularly if the tenant argues that it was imposed as a condition of entering the lease.

The circumstances should be reviewed carefully rather than assuming that every signed document can be enforced.

Why the Enforcement Period Is Important

An eviction undertaking may allow the landlord to use an enforcement route or a focused court proceeding after the tenant fails to vacate.

The applicable filing period may be limited and may be calculated from the promised departure date. Waiting too long can place the landlord’s preferred enforcement route at risk.

The landlord should immediately calculate:

• The date the undertaking was signed;
• The promised departure date;
• The date the tenant refused to leave;
• The date of any written demand;
• The date of any rent payment after the promised departure;
• Any applicable enforcement or court filing period.

Because a missed period can cause serious procedural consequences, the document should be reviewed as soon as the tenant fails to leave.

Enforcement Based on the Undertaking

The landlord may consider starting an enforcement proceeding based on the written undertaking.

The enforcement file may include:

• The original undertaking;
• The lease;
• Title and ownership documents;
• Evidence that the tenant received the property;
• The tenant’s payment records;
• Notices and communications;
• Evidence that the departure date has passed;
• Any document proving the tenant’s refusal to leave.

The relevant authority may notify the tenant and provide an opportunity to object.

If the tenant does not object, the enforcement process may continue according to the applicable procedure. If the tenant objects, the landlord may need to challenge the objection through a court proceeding.

The landlord should not assume that an enforcement application automatically guarantees immediate eviction.

What If the Tenant Objects?

A tenant may challenge the enforcement by claiming:

• The signature is fake;
• The document was signed under pressure;
• The date was inserted later;
• The document was signed before the tenancy began;
• The property is incorrectly identified;
• The person signing lacked authority;
• The undertaking was cancelled or replaced;
• The landlord agreed to postpone the departure;
• The tenant already vacated;
• The document was altered;
• The tenant never received possession.

The landlord should preserve all evidence responding to these allegations.

Relevant evidence may include emails, messages, payment records, witnesses, notary records, signature samples, property handover documents and communications confirming the departure date.

If the tenant challenges the signature, handwriting or forensic examination may become important.

Court Proceedings After an Objection

If the tenant objects, the landlord may need to file a court claim or challenge the objection within the applicable procedural period.

The court may evaluate:

• The authenticity of the signature;
• The wording of the undertaking;
• The signing date;
• The lease;
• The tenant’s possession of the property;
• The landlord’s communications;
• Whether the undertaking was voluntary;
• Whether the tenant’s objection is credible;
• Whether the landlord waited too long.

The landlord should submit a clear chronology. Conflicting statements about the signing date, rent payments or agreed departure date may weaken the case.

If the undertaking route becomes unavailable or is rejected, the landlord may need to rely on another eviction ground, such as unpaid rent, serious breach, genuine housing need or major reconstruction.

Can the Tenant Stay After Signing the Undertaking?

If the undertaking is valid and the departure date has passed, the tenant may not have a right to remain indefinitely.

However, the landlord should not treat the undertaking as permission to use force. The tenant may still occupy the property until the legal enforcement process is completed.

The landlord should not:

• Change the locks;
• Remove furniture;
• Disconnect utilities;
• Threaten the tenant;
• Enter by force;
• Hire private individuals to remove the tenant;
• Block access to the property.

Court-supervised enforcement provides a safer method of recovering possession.

Does Accepting Rent Affect the Undertaking?

Rent payments made after the departure date may create a factual dispute.

The tenant may argue that the landlord accepted continued occupation or postponed the departure date. The landlord may argue that the payment was accepted only as partial compensation or without waiving the right to enforce the undertaking.

The landlord should not casually accept payments, issue receipts describing a renewed tenancy or sign a new agreement without legal advice.

If payment is accepted, the landlord should clearly record what period it covers and whether the undertaking remains in force.

Can the Landlord Claim Unpaid Rent and Damage?

Yes, but these claims should be calculated separately from the possession claim.

The landlord may consider claims for:

• Unpaid rent;
• Compensation for continued occupation;
• Repair costs;
• Cleaning expenses;
• Utility debts;
• Damage caused by the tenant;
• Lost rental income;
• Legal and enforcement expenses where recoverable.

The landlord should preserve the lease, bank statements, payment demands, photographs, inspection reports, repair invoices and evidence of continued occupation.

A valid eviction undertaking may simplify possession recovery, but it does not automatically determine the amount of money owed.

What If the Undertaking Was Signed by Several Tenants?

If the property was rented to more than one tenant, the landlord should review who signed the lease and who signed the undertaking.

Potential issues include:

• One tenant signed but another did not;
• A spouse or family member has occupancy rights;
• One tenant signed on behalf of a company;
• A representative lacked authority;
• The document covers only one occupant;
• The tenant transferred possession to another person.

All relevant occupants and signatories should be identified before enforcement. The landlord should not assume that a document signed by one person automatically resolves every occupant’s legal position.

Foreign Landlord Living Abroad

A foreign landlord may often begin enforcement without traveling to Turkey.

A lawyer acting under a properly prepared power of attorney may be able to:

• Review the undertaking;
• Calculate procedural periods;
• Start enforcement;
• Respond to tenant objections;
• File a court challenge;
• Claim unpaid rent and damage;
• Attend mediation where required;
• Follow the eviction process;
• Coordinate court-supervised enforcement.

The power of attorney may require authentication, legalization or an apostille, together with a reliable translation.

The landlord should send the lawyer the original undertaking, lease, title documents, payment records and all tenant communications.

Mediation and Alternative Solutions

Depending on the claim, a pre-litigation mediation stage may be required or strategically useful.

The parties may agree on:

• A voluntary move-out date;
• Payment of outstanding rent;
• Repair of damage;
• Return of keys;
• Removal of belongings;
• A payment schedule;
• Compensation for early departure;
• Withdrawal of objections;
• Enforcement of the settlement.

A settlement should be written clearly and should state what happens if the tenant fails to leave or pay.

The landlord should not give up enforcement rights accidentally by signing a broad or unclear settlement.

Legal Remedies and Appeal Process

If the court rejects the landlord’s claim based on the undertaking, appeal or review options may be available depending on the type of decision and procedural stage.

An appeal may concern:

• Incorrect assessment of the signing date;
• Failure to examine the original document;
• Incorrect evaluation of the tenant’s objection;
• Failure to consider payment or handover evidence;
• Procedural errors;
• Incorrect calculation of the filing period;
• Failure to evaluate signature evidence.

If an enforcement officer or court refuses to proceed, the landlord should obtain the written decision and calculate the applicable challenge period immediately.

The landlord may also need to pursue an alternative eviction ground if the undertaking is found invalid.

2026 Practical Checklist

A foreign landlord should:

• Preserve the original undertaking;
• Confirm the exact promised departure date;
• Review when and how the document was signed;
• Calculate the applicable filing period immediately;
• Preserve evidence of the tenant’s refusal;
• Avoid accepting payments without legal advice;
• Start the appropriate enforcement process;
• Prepare for a possible objection;
• Obtain handwriting or technical evidence if necessary;
• Separate possession and money claims;
• Avoid force and lock changes;
• Use court-supervised enforcement;
• Prepare a power of attorney if living abroad.

Lawyer Fırat Fesih Kaya recommends treating the eviction undertaking as a time-sensitive enforcement document rather than waiting for the tenant to change their mind.

Frequently Asked Questions (FAQ)

1. Can a landlord enforce an eviction undertaking if the tenant refuses to leave?

Potentially, yes. A valid and properly timed undertaking may support an enforcement proceeding or focused court claim.

2. Does the document need to include a specific departure date?

A clear and certain departure date is generally important. An uncertain or incomplete date may create an enforceability dispute.

3. What if the tenant signed the undertaking before the lease?

The timing may affect validity. A tenant may argue that the document was imposed as a condition of entering the lease.

4. How quickly should the foreign landlord act?

The landlord should act immediately after the promised departure date because the preferred enforcement route may have a strict filing period.

5. What if the tenant claims that the signature is fake?

The landlord may need to submit the original document and request handwriting or forensic examination, together with supporting communications and witnesses.

6. Can the landlord change the locks after the departure date?

No. The landlord should use enforcement and court-supervised eviction rather than removing the tenant personally.

7. Can the landlord claim unpaid rent at the same time?

Yes, unpaid rent, damage and continued occupation compensation may be pursued, but each amount should be calculated and supported separately.

8. What if the tenant objects to the enforcement proceeding?

The landlord may need to challenge the objection in court within the applicable procedural period. The undertaking and supporting evidence should be reviewed immediately.

9. Can a foreign landlord enforce the undertaking from abroad?

Often, yes. A lawyer may act under a properly authenticated power of attorney and manage enforcement, court proceedings and eviction.

10. What happens if the eviction undertaking is found invalid?

The landlord may need to rely on another lawful eviction ground, such as nonpayment, serious breach, genuine housing need or major reconstruction.

This article is provided for general informational purposes only and does not constitute legal advice. We recommend consulting a lawyer about your specific circumstances to avoid any loss of rights.

Legal Support for Eviction Undertaking Enforcement in Turkey

Expert legal support is essential when a tenant signs an eviction undertaking but refuses to vacate the property.

Fırat Fesih Kaya Law Office provides professional assistance in eviction undertaking enforcement, tenant objections, court proceedings, unpaid rent recovery, damage claims, mediation and court-supervised eviction.

Lawyer Fırat Fesih Kaya

Phone: +90 312 434 22 22
WhatsApp: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No:221, Yildirim Tower No:148, Balgat, Cankaya, Ankara, Turkey