Evicting a Tenant with an Eviction Commitment Letter
An eviction commitment letter is the fastest and most cost-effective way for a tenant to formally promise, either before a notary or in writing, to vacate the property on a specific date. The commitment is valid if it was signed on the same date as the lease agreement or at any time afterwards.
You must keep the original notary-approved commitment letter in your possession. If the tenant fails to hand over the property on the agreed date, eviction can be completed within 1-2 months through an uncontested enforcement procedure.
Conditions for Need-Based Eviction
The property owner or their immediate family members specified by law (spouse, mother, father, children) must prove a genuine and pressing need for the residential or commercial property. The claim of need must be sincere and unavoidable.
Konya civil courts of peace evaluate need-based claims according to the following criteria:
- The need must be real and essential
- The need must exist at the time the eviction lawsuit is filed
- The same need must not have been used in another property within the past 3 years
For need-based eviction, the tenant must be served with at least 1 month’s formal notice.
Step-by-Step Court and Enforcement Process
If there is no eviction commitment letter or if eviction is required due to the owner’s need, an eviction lawsuit must be filed in the civil court of peace. The lawsuit petition should be accompanied by a photocopy of the title deed, the lease agreement and proof of payments.
The court process usually takes 8-14 months on average. If the court rules in favour of the landlord, forced eviction is carried out through the enforcement office. The process may be extended if the tenant objects.
A common mistake is thinking “I’m the owner, I can evict whenever I want.” Any attempt made without following the legal procedure results in both wasted time and the risk of compensation claims.
Important Points After Eviction
Once eviction is completed, the return of the deposit, final utility meter readings, handover of keys and a formal damage inspection of the property must all be documented with a signed report. If the tenant does not collect their belongings within 15 days, the legal procedure must be followed.
In Konya, courts have recently raised the standard of evidence required in the increasing number of eviction cases. For this reason, obtaining professional legal support significantly shortens the process and reduces risk.
Frequently Asked Questions
Can a tenant be evicted without an eviction commitment letter?
Yes, but in that case you must file a lawsuit based on either the owner’s need or other justified reasons specified in the contract. Processes without an eviction commitment are longer and more costly.
How long does a need-based eviction lawsuit take?
In Konya Civil Courts of Peace, eviction cases are usually concluded in 8 to 14 months. The tenant’s objection and appeal process can extend this period.
Can a tenant withdraw from an eviction commitment letter after signing it?
No, they cannot. A notary-approved or written eviction commitment letter is binding on the tenant. They are obliged to vacate the property on the committed date.
To evict your tenant within the legal framework, first review the documents you hold. We recommend consulting a real estate law specialist to determine the most suitable method for your situation.
