-SAMPLE PETITION-
ANKARA ( ) MAGISTRATE’S COURT
DEFENDANT :
ADDRESS
ATTORNEY :
ADDRESS
PROSECUTOR :
ADDRESS
SUBJECT OF CLAIM : It is about the presentation of our statements against the merits of the case substituted by the plaintiff.
INSTRUCTIONS
The defendant client 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 client pays TL 000.00 per month as the rental price of the dec rented since the beginning of the contract date. However, the plaintiff claims that this value remains below its precedent and fair values in today’s market, his client../../…. It has been reported that the rental price will be increased with the dated notice (OCTOBER-2). Us ../../…. The plaintiff has been informed verbally that the increase specified in this notice, which was notified on its date, is not acceptable; an appropriate increase has been requested.
Although such a request was made by the defendant, the plaintiff did not respond to this request and the request for a settlement, completely substituting this case in bad faith.
The defendant client has been residing in the plaintiff’s real estate for quite a long time. During this process, there were no disputes between the defendant and the plaintiff 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 relationship of trust that develops between the client and dec plaintiff is that the petition of the case that the plaintiff has unfairly substituted is communicated to the client../../…. it has never been shaken up to its date.
It is not possible to accept the increased rental price requested by the plaintiff with a warning. 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 settlement has not been reached despite the request for a discount shows that the plaintiff has only faith.
This case, which the plaintiff has substituted, is unfair and far from good faith. Although the plaintiff has claimed that the rental price of the leased real estate is far below its peers, our acceptance of this claim is not possible. The rental price paid by the defendant is worth the same or even higher than its peers and is a very reasonable value when the troubled economic process in which our country is located is also taken into account.
There is an ongoing lease relationship between the plaintiff and the decedent client on the basis of trust. To date, there has not been even the slightest problem created by the defendant client in relation to rent payments or relocation. It is not acceptable that this case has been filed against the defendant client who has paid the rent without interruption.
Due to the fact that the rental price paid for the real estate subject to dispute is equivalent to its peers, taking into account the country conditions and the state of the real estate, annual increases have been made, and the plaintiff has completely substituted this case, the plaintiff’s claims and claims that are contrary to fairness and procedure have not been accepted; the obligation to request the dismissal of the case has been assigned to us.
LEGAL REASONS : Law No. 6570, TBK, HMK, Av. Law and other relevant legislation
EVIDENCE : Land registry of leased real estate, ../../…. The Initial Dated Lease Agreement, ../../…. Dated notice, 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- THE COMPLETE REJECTION OF this CASE and its CLAIMS, which the plaintiff substituted for his malicious claims,
2-We offer and request that it be decided that the costs of the trial and the power of attorney be left on the counterparty. 12/10/2021
The Respondent Who Responded to the Lawsuit
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