-SAMPLE LANGUAGE-
ANKARA ( ) EXECUTIVE OFFICE
FILE NO:…./…
OBJECTING TO THE EVACUATION ORDER
DEFENDANT :
ADDRESS :……
ATTORNEY :
ADDRESS :
PHONE :
PROSECUTOR :
ADDRESS :……………………
SUBJECT OF REQUEST : Ankara ….Executive Directorate ‘s 2021/….. It is mainly about the presentation of our objections to the Evacuation Order sent from the numbered file and the request to stop the pursuit.
INSTRUCTIONS
Client A….. B….., the property of the creditor C….. E….the one that belongs to the is at work ../../…. he/she lives as a tenant in accordance with the lease agreement dated from the beginning (ANNEX-1). According to the contract concluded between the parties, the monthly rental price of the rented workplace is 000 dec00TL and will be paid on the first day of each month.
By the plaintiff against the client, Ankara ….Executive Directorate ‘s 2021/….. A follow-up has been initiated with the claim that the lease period has expired with the main numbered file and the eviction order is the subject of this follow-up../../…. it has been communicated to us on its history. The eviction order in question is against the procedure and the law. That is to say,
In order for the eviction commitment to be valid, the eviction commitment must be made in writing, the commitment must be given through the tenant or his authorized representative, the date of the eviction must be specified in the eviction commitment, and the commitment must be given after the lessor has been delivered.
The lessor, unfairly and maliciously in the pursuit of the subject of the appeal, has processed a non-valid eviction commitment and requested the eviction of the real estate. Although the plaintiff requested the client’s release with an october attached to the lease agreement, such a request is contrary to the procedure and law. The eviction notice, as a rule, must be issued after the delivery of the leaseholder. This means that the eviction commitment cannot be issued together with the lease agreement; it must be issued separately from the lease agreement.
The said commitment is included in the contract related to the rental of real estate. For this reason, it has the same date as the contract. According to the procedure and the law, the commitment must not have the same date as the lease agreement, it must be dated later. For these reasons, the lease agreement is considered extended when it is confirmed that the alleged eviction commitment does not exist because no conditions have been created for these reasons. The plaintiff’s request for eviction is unwarranted and unfair in this aspect.
Due to the fact that the client has not been given an eviction notice by the lessor, the eviction notice is contrary to procedure and law, and the pursuit is completely unfair, we are appealing the eviction order in due course.
LEGAL REASONS : HR,TBK, HMK, Av. Law and other relevant legislation
EVIDENCE : Ankara ….Executive Directorate ‘s 2021/….. E. Subpoenaed file no., ../../…. The Lease Agreement with the Initial Date, the Expert report (If Deemed Necessary), Etc. any kind of delail
CONCLUSION AND CLAIM: For all the reasons described above and which will be considered by your court you’re,
1-ACCEPTANCE OF OUR OBJECTIONS to the said follow-up and evacuation order,
2-TERMINATION of the claim for follow-up and eviction initiated unfairly and in bad faith, decided in accordance with our objections,
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. 04/10/2021
Objecting to the Eviction Request
A…. B…… Acting
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