What is an Evacuation Undertaking? -Validity Conditions-

An evacuation undertaking is a written commitment given by a tenant to the landlord, stating that the tenant will vacate the leased property (e.g., a house, business premises) by a specified date. This document formally declares the tenant's intention to vacate the property on a certain date. An evacuation undertaking is typically prepared and signed before the end of the lease term or at the landlord's request.

To be legally valid, a written evacuation undertaking must meet certain conditions. These elements include:

1. Initiated by the Tenant: The undertaking must be arranged and signed by the tenant willingly. Undertakings obtained under coercion or pressure are invalid.

2. Written Format: The undertaking must be in writing. Oral commitments are not considered valid. This is crucial for proof.

3. Identification of Tenant and Landlord: The document must include the full names, ID numbers, and addresses of both the tenant and the landlord.

4. Clear Address and Description of the Property: The full and clear address and identifying details of the leased property must be stated.

5. Specific Evacuation Date: The undertaking must specify a definite and certain date on which the tenant will vacate the property, chosen freely by the tenant.

6. Voluntariness: The tenant must declare their intention to vacate on a specific date voluntarily, without coercion or threat.

7. Signatures of Both Parties: The document must be signed by both the tenant and the landlord (or their representatives). Mutual signing is important.

8. Date of the Document: The date on which the document was created must be stated. Undertakings made at the same time as the lease agreement are invalid.

9. Content: The document should clearly and unambiguously state that the tenant will vacate the property by the specified date, using straightforward language.

An evacuation undertaking that includes these elements is legally valid and can be used as evidence in court in case of a dispute.

The most often overlooked requirement is that the undertaking must be voluntary and made after the lease agreement. Undertakings signed at the same time as the lease are invalid because tenants might be pressured to sign them to secure housing, which violates their constitutional right to shelter.

According to the Constitution's Article 57, the state is obligated to take measures to meet citizens' housing needs, ensuring tenant protection and the right to housing. Tenants cannot be forced to sign undertakings under duress, as this would violate constitutional rights and render the undertakings legally invalid.

The Supreme Court's 6th Civil Chamber decision dated 16.03.2009, E. 2009/1430 K. 2009/4208, emphasizes that undertakings signed at the same time as the lease agreement are invalid due to tenant coercion. The court holds that such undertakings are legally void, protecting tenants from pressure and preserving their rights.

In summary, an evacuation undertaking must be voluntary, made independently of the lease agreement, and safeguard the tenant's constitutional right to housing. Protecting these rights is essential to maintaining legal and constitutional order.