A new era for eviction commitments: Precedent-setting ruling from the Court of Cassation concerns landlords and tenants!

The 3rd Civil Chamber of the Court of Cassation has issued a precedent-setting ruling concerning tenants and landlords. In the decision published in the July 18, 2026, issue of the Official Gazette, it was stated that if a new lease agreement is signed between the parties after an eviction commitment is given, the rental relationship is considered renewed and the previous eviction commitment loses its validity.

DISPUTE AROSE FROM COMMERCIAL LEASE

The lawsuit stemmed from the process of leasing a commercial property in the Manavgat district of Antalya.

The lessor initiated enforcement proceedings based on an eviction commitment issued by the tenant company on November 23, 2022, which stated that the property would be vacated on September 28, 2023. Upon the tenant's objection to the proceedings, a lawsuit was filed for the cancellation of the objection and the eviction of the leased property.

TENANT CLAIMED PRESSURE AND FRAUD

In its defense, the tenant company alleged that while the rental relationship was ongoing, it was forced to sign both a new lease agreement and an eviction commitment through pressure, threats, and fraud. Arguing that the commitment was not given of free will, the company requested the dismissal of the case.

The court of first instance accepted the case, citing the determination by the Council of Forensic Medicine that the signature on the eviction commitment belonged to the tenant. The court ruled for the cancellation of the objection and the eviction of the property.

Due to the final nature of the decision, the Ministry of Justice applied for an appeal in the interest of the law.

NEW LEASE AGREEMENT DEBATE

In the Ministry of Justice's application, it was pointed out that a new, notarized lease agreement with a start date of September 11, 2024, was signed between the parties after the eviction commitment.

The application also stated that the plaintiff's side had informed the court that the parties had reached an agreement and that the case had become moot, arguing that it was contrary to procedure and law to issue a verdict without evaluating whether the new lease agreement rendered the eviction commitment void.

COURT OF CASSATION: RENTAL RELATIONSHIP IS CONSIDERED RE-ESTABLISHED

The 3rd Civil Chamber of the Court of Cassation recalled that under Article 352/1 of the Turkish Code of Obligations No. 6098, for an eviction commitment to be valid, it must be in writing, given by the tenant or their authorized representative, contain an eviction date, and be issued a reasonable time after the property has been delivered.

The Chamber determined that in the concrete case, the rental relationship was renewed by signing a new lease agreement between the parties after the eviction commitment. It was also noted that the plaintiff's attorney had submitted a petition stating that the parties had reached an agreement and that the case had become moot.

For this reason, finding it contrary to procedure and law to issue a decision without evaluating that the eviction commitment became void with the new lease agreement, the Court of Cassation accepted the Ministry of Justice's request for appeal in the interest of the law. On May 5, 2026, the Chamber unanimously overturned the local court's decision in the interest of the law, without affecting the outcome.