The
decision providing that a new lease agreement invalidates an eviction undertaking
was published in the Official Journal dated July 18, 2026 and bearing the issue
number 33313.
The
decision invalidating the eviction undertaking reads as follows:
“In this
present dispute, counsel for the defendant argued that the lease agreement had
been renewed by signing the lease agreement that was the subject of the
eviction proceedings and served as the basis for the debt enforcement
proceedings. Counsel for the plaintiff accepted the agreement submitted and
filed a statement dated October 22, 2024, indicating that the parties had
reached an agreement and that the case had become moot. Accordingly, as the Court
of First Instance’s decision was contrary to procedural law and applicable law,
having been rendered without taking into consideration that the lease agreement
had been renewed through the agreement commencing on September 11, 2014, which
was not contested by the plaintiff, following the execution of the eviction undertaking,
and that the eviction undertaking had thereby become invalid, the decision to
accept the Ministry of Justice’s request for an appeal in the interest of law
was rendered.
It was
unanimously decided to accept the Ministry of Justice’s request for an appeal
in the interest of law pursuant to Article 363/1 of the Code of Civil Procedure
Nr. 6100 and, pursuant to Article 363/2 of the same Code, to REVERSE THE
DECISION IN THE INTEREST OF LAW, without affecting the outcome of the case.”
Pursuant
to this decision of the Court of Cassation, an eviction undertaking obtained in
connection with an existing lease agreement has been held to become invalid
upon the renewal of the lease agreement. Accordingly, it is no longer possible
to seek eviction on the basis of an eviction undertaking that has become
invalid as a result of the renewal of the lease agreement.
Source: https://www.resmigazete.gov.tr/eskiler/2026/07/20260718-13.pdf
