Undertaking?
One of the documents most frequently encountered in lease relationships is an eviction undertaking.
Particularly in residential and workplace leases, landlords may ask tenants to sign an eviction
undertaking in order to secure the future vacation of the property. In practice, however, these
documents are often prepared incompletely, incorrectly or with blank sections.
One of the most frequently asked questions is therefore: is an eviction undertaking valid if the date
section is left blank?
What Is an Eviction Undertaking?
An eviction undertaking is a written document in which the tenant agrees to vacate the leased
property on a specified date. If the tenant does not vacate the property on the promised date, the
landlord may rely on this document to initiate enforcement proceedings or file an eviction action.
However, certain conditions must be met for an eviction undertaking to be valid. It must be in writing,
signed by the tenant, issued after delivery of the leased property, and specify a definite eviction date.
Why Is the Eviction Date Important?
One of the essential elements of an eviction undertaking is the eviction date because, through this
document, the tenant expressly undertakes to vacate the property on a particular date. If the eviction
date is not stated, it also becomes unclear when the tenant undertook to leave.
For this reason, the eviction date should be written clearly, precisely and without ambiguity. For
example, the document should include a specific statement such as: “I undertake to vacate the
property on 01.09.2026.”
What Happens If the Date Section Is Left Blank?
Leaving the date section blank may create serious legal problems. For an eviction undertaking to be
treated as valid, the tenant must have undertaken to vacate the property on a definite date.
If no eviction date is written at all, the document is incomplete in that form. The landlord’s ability to
rely directly on such a document to demand eviction becomes legally disputable. The tenant may
argue that the undertaking is invalid on the basis that: “I did not undertake to vacate the property on
any specific date.”
What Happens If the Blank Date Is Filled in Later?
A common problem in practice is that a tenant signs an eviction undertaking with the date left blank
and the landlord later fills in that date.
This creates a risky situation for the tenant because a person who signs a document containing a
blank date may later face a completed document. If the tenant claims that the date was inserted
contrary to their will, they may be required to support that allegation with evidence.
Nevertheless, every case must be assessed according to its own circumstances. The tenant may
raise an invalidity argument where, for example, the document was signed on the same day as the
lease agreement, the property had not yet been delivered, the tenant signed under pressure, or the
blank date was later completed in a manner contrary to the parties’ agreement.
Is an Eviction Undertaking Signed on the Same Day as the Lease Agreement Valid?
For an eviction undertaking to be valid, it must be given after the leased property has been delivered
to the tenant. For this reason, undertakings obtained on the same day as the lease agreement are
legally problematic.
10English Translation of Legal Articles
If the tenant signs an eviction undertaking at the same time as the lease agreement, whether the
document was given with genuinely free consent may become disputed. In practice, tenants may feel
compelled to sign such a document in order to secure the property.
Accordingly, an invalidity argument may be raised against eviction undertakings obtained on the
same day as the lease agreement or before delivery of the property.
What Should a Tenant Do If They Signed an Eviction Undertaking With a Blank Date?
A tenant who realizes that they signed an eviction undertaking with the date left blank should not
treat the matter lightly. The blank section may later be completed and eviction proceedings may be
initiated against the tenant.
In such a situation, it is important for the tenant to preserve the lease agreement, payment receipts,
correspondence, documents showing the delivery date of the property and any relevant message
records. Any evidence showing that the eviction undertaking was obtained on the same day as the
lease agreement or that the date was inserted later may be particularly important.
If an eviction order is served on the tenant, any objection must be made within the applicable legal
period. Missing procedural deadlines may allow the eviction process to progress to the tenant’s
disadvantage.
Is a Blank-Dated Eviction Undertaking Also Risky for the Landlord?
Yes. A blank-dated eviction undertaking creates risks not only for the tenant but also for the landlord.
In the event of a dispute, questions may arise as to when the document was actually issued, when
the eviction date was inserted, and whether the tenant genuinely consented to that date.
The safest approach for a landlord is to prepare the eviction undertaking completely. It should clearly
state the issue date, eviction date, full address of the leased property, the tenant’s full name and the
tenant’s signature. The undertaking should also be issued after the lease agreement has been
concluded and after the leased property has been delivered.
Incomplete documents or documents containing blank sections may prolong later eviction
proceedings and may even result in dismissal of the landlord’s claim.
Which Dates Should Appear on an Eviction Undertaking?
Two dates are important on an eviction undertaking. The first is the date of issue. This shows when
the undertaking was signed. The second is the eviction date. This shows the date on which the
tenant undertakes to vacate the property.
The issue date and the eviction date are different concepts. The issue date is the day the document
is signed, whereas the eviction date is the day on which the property is to be vacated.
For a clear and legally robust eviction undertaking, both dates should be stated expressly.
Time Limit for Taking Action Based on an Eviction Undertaking
If the tenant does not vacate the property on the promised date, the landlord must act within the
applicable period. The landlord must initiate enforcement proceedings or file an eviction action within
one month from the eviction date.
If this period is missed, the landlord may lose the right to rely on that particular eviction undertaking
for the relevant proceeding. Landlords should therefore avoid delaying action after the agreed
eviction date.
Conclusion
Leaving the date section blank on an eviction undertaking creates serious legal risks. A document
that does not contain an eviction date becomes questionable in terms of validity. If the date is
11English Translation of Legal Articles
inserted later, the tenant may argue that it was completed contrary to their will, although that
allegation should be supported by evidence.
Tenants should avoid signing blank-dated eviction undertakings, while landlords should ensure that
such documents are prepared fully and in accordance with the law.
An eviction undertaking is an important instrument in lease law that can lead to relatively rapid legal
consequences. For that reason, obtaining legal assistance in lease law before signing the document
or before starting eviction proceedings may be important to avoid loss of rights.
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