Türkiye

High Court Agrees to Sign Blank Sheet of Paper

Court Ruling: Eviction of Tenant with Blank Paper Signature is Legal

A recent court ruling has affirmed the legality of evicting a tenant based on a blank piece of paper with a signature. The case dates back to 2012 when an official of an institution in Ankara signed and handed over a blank piece of paper to the property owner as a letter of eviction commitment. In 2020, the property owner filled out the paper, indicating that the tenant had committed to vacate the premises by February 28, 2021, and subsequently requested eviction.

Following objections to the enforcement proceedings due to the property not being vacated, the property owner initiated an eviction lawsuit. The local court ruled that the signature on the letter of undertaking belonged to the tenant institution’s representative and issued an eviction order.

Upon appeal, the 15th Civil Chamber of the Ankara Regional Court of Justice upheld the decision, determining that the manner in which the blank paper was filled in by the lessor would be deemed as accepted by the signer.

The tenant subsequently filed an appeal, arguing that the date stated in the eviction commitment had been filled in by the lessor and that his objections had not been considered by the courts. The 3rd Civil Chamber of the Supreme Court of Appeals reviewed the appeal and confirmed the release decision, deeming it lawful.

The court cited expert reports confirming that the signature on the eviction undertaking belonged to the tenant company’s representative. Additionally, previous decisions of the General Assembly of the Supreme Court of Appeals were referenced, which stated that “a signature on a blank paper is accepted as a document.”

Ultimately, the court found that there were no errors in the decisions made by the first instance courts, and the unanimous approval of the release decision was in accordance with the law.

The ruling has sparked discussions about the legality and implications of signing blank papers and the extent to which they can be filled in by the receiving party. It sets a precedent for similar cases in the future.

As the legal landscape around tenancy and eviction continues to evolve, it is important for both landlords and tenants to seek legal counsel and be aware of their rights and obligations.

 

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