Cancellation of Objection and Eviction Case
In the Cancellation of Objection and Eviction Case, if the debtor rejects the lease contract and the signature, if any, attributed to him in the contract in his objection, the creditor; If it is based on a contract issued ex officio by the notary or whose signature is certified, he may request the cancellation of the objection from the authority and the eviction of the leased property due to non-payment of the money within the notice period. The debtor is required to substantiate his counterclaims and defences regarding the contract and its terms with documents of the same strength and nature. The debtor who rejects the contract is bound by this objection. If the creditor is obliged to file a lawsuit in accordance with the general provisions due to the fact that the proceeding does not rely on the above-mentioned documents, the payment order with a warning shall replace the notice written in Articles 260 and 288 of the Code of Obligations.
IN WHICH COURT THE CANCELLATION OF OBJECTION AND EVICTION CASE IS FILED
Cancellation of Objection and Eviction Case, Regardless of the value or amount of the subject matter of the lawsuit, the civil courts of peace shall hear the cases concerning all disputes, including the cases of receivables arising from the lease relationship, and the cases filed against these cases, with the exception of the provisions regarding the evacuation of the leased immovable immovable immovables through execution without judgement according to the Execution and Bankruptcy Law No. 2004.
CANCELLATION OF OBJECTION AND EVICTION CASE – JURISDICTION
In Cancellation of Objection and Eviction Lawsuits, the general competent court is the court of the place of residence of the defendant real or legal person on the date the lawsuit is filed. The place of domicile is determined according to the provisions of the Turkish Civil Code No. 4721 (Art. 6100 S. K. art. 6). Contractual actions may also be brought before the court of the place of performance of the contract.
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