12.03.2026 09:20
The Court of Cassation's 3rd Civil Chamber accepted the eviction commitment signed one day after the lease agreement as valid and ruled that the tenant must prove the claim of coercion with evidence.
The Court of Cassation's 3rd Civil Chamber made a striking decision in the eviction dispute between the landlord and the tenant. The ruling emphasized that the eviction commitment signed one day after the lease agreement should be accepted as given by the tenant's free will.
LOCAL COURT FOUND THE TENANT JUSTIFIED
According to the decision published in the Official Gazette, a lease agreement was made between the parties on May 15, 2022. The next day, an eviction commitment stating that the tenant would vacate the property on May 15, 2023, was prepared.
As the housing was not vacated despite the expiration of the period, the landlord initiated enforcement proceedings for eviction on May 17, 2023. After the tenant's objection, the dispute was brought to court.
The Ereğli 1st Civil Court of Peace, which handled the case, found the tenant's defense justified. The tenant argued that he signed the commitment under pressure and did not accept this document, which was presented to him during the establishment of the lease agreement, with his free will. The court, considering the consecutive preparation of the lease agreement and the eviction commitment, concluded that the document was signed under pressure and rejected the case.
COURT OF CASSATION: BURDEN OF PROOF ON THE TENANT
The Ministry of Justice requested the annulment of the local court's decision, stating that it was contrary to procedure and law. The Court of Cassation's 3rd Civil Chamber, which reviewed the file, found this request justified.
In its decision, the Chamber stated that the eviction commitment obtained after the establishment of the lease relationship should, in principle, be considered a product of the tenant's free will. The Court of Cassation noted that the eviction commitment was prepared one day after the lease agreement, indicating that the tenant relationship was already in existence at this stage.
The ruling also emphasized that the tenant must prove his claim that the date of the document was written later and does not reflect the truth with another document of equal evidential value. It was noted that the tenant did not present any evidence in this regard, and the local court's decision without considering these issues was recorded as contrary to procedure and law.
For this reason, the Court of Cassation annulled the local court's decision without affecting the outcome.
The Chamber's decision pointed out that there was a one-day period between the lease agreement and the eviction commitment, stating:
"In principle, the commitment obtained after the establishment of the lease relationship should be accepted as a product of the tenant's free will. In the concrete case, the eviction commitment was prepared on May 16, 2022, and at the time of its preparation, the tenant relationship existed. Although the defendant claimed that the date of preparation was written later on the document and does not reflect the truth, the defendant, who is obliged to prove this claim with another document of equal evidential value, did not present any evidence in this regard. The decision made in writing without considering these aspects is contrary to procedure and law, thus the Ministry of Justice's request for annulment regarding this matter should be accepted."