-SAMPLE PETITION-
ANKARA SENTRY MAGISTRATE’S COURT
PLAINTIFF(TENANT) :
ADDRESS
ATTORNEY :
ADDRESS
DEFENDANT
(OWNER):
ADDRESS
SUBJECT OF REQUEST: It is about our requests to determine that the client’s tenancy continues and to prevent strife.
INSTRUCTIONS
Plaintiff client A….. B….., the property of the defendant C….. E….the ………………………….. In the residence located at the address of Batıkent Yenimahalle Ankara, ../../…. He has been living as a tenant since his history.
There is a trust relationship between the plaintiff and the defendant that has been going on since long dec the lease relationship began. Based on this trust relationship, dec entered into an oral lease agreement between them; they decided to put this agreement in writing in the future. Although the client has repeatedly stated that he wants to turn this agreement into writing by this time, this request has been constantly extended by the defendant; it has been stated that there will be no problems by suggesting trust relationships.
Since the plaintiff client began to reside as a tenant in the defendant’s residence monthly …,.. TL pays the rental price and this price is increased regularly at the beginning of each rental period at the rate of ppi/cpi. The october of the plaintiff’s bank account movement related to these payments are presented in the annex to this petition (OCTOBER-1). Although the value in question and the increase made during each new lease period are equivalent to the housing’s peers, during this new lease period, the defendant has requested an exorbitant amount of increase due to the claim that this value remains below its precedent and fair values in today’s market.
The defendant was informed verbally by the client that this increase requested by the defendant was not acceptable; an appropriate increase was requested. Although such a request was made by the plaintiff, the defendant rejected this request and the settlement request, saying that the plaintiff was not a tenant and would have thrown him out of the residence, completely in bad faith.
Defendant ../../…. With the dated notice of warning (OCTOBER-2), the client is informed to evict from the residence on the grounds that he is not a tenant, otherwise his eviction will be carried out by execution. However october even in the water, natural gas, electricity, internet, telephone subscription documents (OCTOBER-3) that we have submitted in the annex to this petition, subscriptions are registered on behalf of the client, and as the defendant knows very well, the plaintiff client has the title of tenant of this residence.
The plaintiff client has been residing in the defendant’s real estate for quite a long time and has an established order here. During this process, there were no disputes between the client and the defendant regarding the lease payments or the decommissioned property. The rental price was paid regularly every month; the obligation to take care of the rented property was never disrupted by the client. In this way, the trust relationship that developed between the client and the defendant was never shaken until the exorbitant amount of rent that dec defendant unjustly demanded.
Acceptance of the increased rental price requested by the respondent is not possible. It is very clear that this requested increase is much higher than its counterparts, considering the fair prices and the state of housing, and it cannot be accepted. Despite this obvious situation, the fact that an increase in the rental price being paid at this rate has been requested and the fact that no compromise has been reached despite the request for a discount shows that the defendant has only faith. The defendant’s sole purpose is to victimize his client. Since the client’s board knows that it cannot change its order under these circumstances, it wants to take advantage of the client’s difficult situation.
All the claims and coercions of the defendant are contrary to law, morality and the rules of good faith. For all these reasons described, the plaintiff has been obliged to request the determination of the client’s tenancy from your court in order to prevent the victimization of the client.
LEGAL REASONS : Law No. 6570, TBK, HMK, Av. Law and other relevant legislation
EVIDENCE : Bank account transaction records, ../../…. Dated notices, Water, natural gas, electricity, internet, telephone subscription documents, Precedent Lease Agreements, Witness Statements, Discovery and Expert report (If Deemed Necessary), Other 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-Determination of the title of tenant of the plaintiff client,
3-We offer and request that it be decided that the costs of the trial and the power of attorney be left on the counterparty. 13/10/2021
Requesting the Determination of the Title of Tenant
Plaintiff A….. B….. Attorney
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