-SAMPLE PETITION-
ANKARA SENTINEL ( ) MAGISTRATE’S COURT
PROSECUTOR
(OWNER) :
ADDRESS
ATTORNEY :
ADDRESS
DEFENDANT(TENANT) :
ADDRESS
CASE VALUE: 000.00 TL
SUBJECT OF CLAIM: The plaintiff’s client has suffered due to the defendant’s eviction of the leased property before the deadline and the claimant’s client has requested the elimination of the damage is our petition.
INSTRUCTIONS
Defendant C….. E…., the plaintiff in the ownership of A….. B…..the ………………………….. In the residence located at the address of Batıkent Yenimahalle Ankara, ../../…. he/she is living as a tenant in accordance with the lease agreement dated from the beginning (OCTOBER-1). According to the contract concluded between the parties, the defendant pays TL 000 dec00 per month as the rental price of the rented housing since the beginning of the contract date. After the end of the lease period specified in the contract, no notice was given by the respondent party; the lease agreement continued for the next period.
In the middle of the second lease period, ../../… the immovable property rented by the respondent on the date has been vacated; as of this date, the rental price has not been paid. When the client informed the tenant about this situation, the defendant informed him that he would not pay the rent, that he had vacated the house.
The defendant’s behavior in question is contrary to the procedure and the law and he has caused material damage to his client. As follows, TBK 347. Article 2. According to the paragraph “In indefinite-term lease agreements, the lessee may terminate the contract at any time, if the lessor is ten years after the beginning of the lease, with notice of termination in accordance with the general provisions. It is said that “. Also continuing is the 348th. About the validity of the notification in accordance with the article “The validity of the notice of termination in residential and roofed workplace rentals depends on the fact that it is made in writing. He is saying “.
The defendant tenant never informed the client that he would vacate the residence with a written warning in this way; he vacated the residence at one time in the middle of the rental period. Even the key to the residence was not handed over by the client. No real estate has been used since the date the residence was vacated and no rental income can be obtained.
TBK 324. According to the article “As long as it is available for use, the lessee is obliged to pay the rental price, even if it is not used for a reason caused by the lessee himself or used on a limited basis.” For this reason, the defendant is asked by the client …/…/… Although a notice (ANNEX-2) was sent to pay the rent price on October 1, it was reported that the payment was not made or even would not be made. It is fixed that the purpose of the defendant’s behavior in question is to cause damage to the plaintiff client who rents.
The defendant is responsible for the rental costs and the damages suffered by the plaintiff client. TBK 325. In accordance with the article, if the lessee returns the leaseholder without observing the term of the contract or the termination period, the debts arising from the lease agreement will continue for a reasonable period of time, during which the lessee can be rented on similar terms. If the tenant finds a new tenant who can be expected to accept the lessor before the expiration of this period, has the ability to pay and is ready to take over the lease relationship, the tenant’s debts arising from the lease agreement will expire.”By saying so, the defendant’s responsibility is revealed. The client has not yet found another tenant for the real estate in question and the damage continues to increase.
For the reasons described above, due to the fact that the defendant released the tenant early, the plaintiff had the right to demand compensation for the damages suffered by the client.
LEGAL REASONS : TBK, HMK, Av. Law and other relevant legislation
EVIDENCE : ../../…. the initial dated lease agreement, ../../…. Dated notice, Bank Records, Statements, Discovery and Expert report (If Deemed Necessary), Other all kinds of delail
CONCLUSION AND CLAIM: For all the reasons described above and which will be considered by your court you’re,
1-FULL ACCEPTANCE OF this CASE and OUR REQUESTS, which we have substituted in your court
2-For the time being, in order to remedy the damage (loss of rent) suffered by the plaintiff client due to the defendant’s unfair early eviction of his lease……… TL’s ….from the date of default, the claimant will be taken from the defendant together with the legal interest to be operated and given to the plaintiff client
3-We request by proxy that it be decided that the costs of the trial and the power of attorney be left on the other party. 09/11/2021
Plaintiff A….. B….. Attorney
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