Minister Tunç issues warning! Critical decision for tenants: Landlords will no longer be able to do this
Minister of Justice Yılmaz Tunç has made important statements regarding the 'undated eviction commitment,' a frequent point of contention between landlords and tenants recently. Emphasizing that there is a legal path to challenge documents where landlords have added dates after the fact, Tunç stated, "The eviction commitment must be signed on a date after the lease agreement."
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While the issue of the 'undated eviction commitment,' which has frequently been a subject of debate between landlords and tenants in recent years, remains on the agenda, Minister of Justice Yılmaz Tunç issued warnings regarding the matter.
According to a report by Türkiye Gazetesi, while experts point out that an eviction commitment provided blank can be legally accepted as valid, Minister Tunç stated that the path to appeal is open against these documents where dates are added by landlords later.
Tunç stated, "The law takes into account the difficulties a tenant faces during the process of finding a home. For this reason, it deems an eviction commitment signed on the same date as the lease agreement upon moving in as invalid. It provides legal protection to the tenant by saying, 'The tenant is in a difficult situation.' The eviction commitment must be prepared after the lease agreement is signed. If the eviction commitment was signed blank and the landlord added the date later, the tenant has the right to challenge this. The Physical Expertise Department of the Council of Forensic Medicine can determine whether the date on the document was added later. Furthermore, it is important for tenants to take photos of the documents they sign so that they have evidence in the future in case of an appeal process. However, it should not be forgotten that there is also a possibility of error in the Council of Forensic Medicine's date determination. Therefore, there is no guarantee of one hundred percent certainty."
EVICTION COMMITMENT COULD BE MOVED TO A DIGITAL PLATFORM
Minister Tunç was asked, "Would this problem be eliminated if the eviction commitment were made mandatory through a notary or e-Devlet?" Noting that caution should be exercised on this issue, Tunç said, "If a notary requirement is introduced, landlords might be hesitant to rent out their homes, thinking they will face difficulties in the tenant eviction process. This could lead to a supply shortage in the rental market. Additionally, notary transactions would bring an extra cost. However, it could be possible to arrange it through e-Devlet. Thus, the eviction commitment would be prepared in a transparent manner consistent with its purpose."
On the other hand, in an incident that occurred in recent months, a tenant had signed an eviction commitment three years after renting their home, but did not comply with the eviction date, claiming the document was blank. The tenant, who ended up in court with the landlord, was found to be in the wrong in the lawsuit filed. The court issued a precedent-setting decision and ruled for the eviction of the home.