The 3rd Civil Chamber of the Supreme Court of Appeals approved the decision to request the tenant’s eviction based on the tenant’s signature on the blank paper for the “eviction letter”.
According to the decision of the department, in 2012, the official of the institution that rented a workplace in Ankara signed and gave a blank paper to the property owner as a letter of eviction commitment. In 2020, the property owner filled out the paper stating that his tenant committed to leave on February 28, 2021 and requested eviction.
After objecting to the enforcement proceedings initiated upon the property not being evacuated, the property owner filed an eviction lawsuit. The local court hearing the case determined that the signature on the letter of undertaking belonged to the representative of the tenant institution and issued an eviction order.
The 15th Civil Chamber of the Ankara Regional Court of Justice, which reviewed the appeal regarding the file, found the decision of the local court to be lawful, on the grounds that the way in which the signed blank paper will be filled in by the lessor will be deemed to have been accepted by the signer.
The tenant filed an appeal, stating that the date in the eviction commitment was filled in by the lessor and that his objections were not evaluated by the courts.
The 3rd Civil Chamber of the Supreme Court of Appeals, which reviewed the appeal, also approved the release decision, finding it lawful.
From the justification of the decision
In the decision of the department, it was stated that in accordance with the Turkish Code of Obligations, if the tenant does not comply with the eviction commitment, the lessor may apply for enforcement or file a lawsuit to vacate the property within one month.
In the decision, it was stated that it was determined by expert reports that the signature on the eviction undertaking subject to the case belonged to the representative of the tenant company, and it was also stated that in the previous decisions of the General Assembly of the Supreme Court of Appeals, “a signature on a blank piece of paper is accepted as a document”.
In the decision, it was stated that there was no error in the decisions made by the first instance courts, and that the release decision was unanimously approved in accordance with the Code of Civil Procedure No. 6100.