.ON DUTY ( ) TO THE JUDICIARY OF THE CIVIL COURT OF MAGIC
PLAINTIFF
(LEASOR) :A….. B….. (T.C.:…………)
ADDRESS
ATTORNEY: Lawyer ……………….
ADDRESS
DEFENDANT (TENANT): C….. D…. (T.R.:………..)
ADDRESS
CASE VALUE: 000.00 TL
SUBJECT OF THE DEMAND: This is our lawsuit petition demanding the compensation of the damage inflicted on the plaintiff client due to the defendant’s evacuation of the rented real estate before the deadline.
DESCRIPTIONS
Defendant C….. D…., in the residence located at the address of ………………………….. Batıkent Yenimahalle Ankara, owned by the plaintiff A….. B….., ../../…. resides as a tenant in accordance with the initial lease contract (ANNEX-1). According to the contract made between the parties, the defendant pays 000.00 TL per month as the rental price of the house that has been rented since the beginning of the contract date. After the expiry of the lease period specified in the contract, no notice has been given by the defendant; The lease agreement continued in the next period.
In the middle of the second lease period, the immovable rented by the defendant on ../../… was vacated; No rent has been paid since that date. When the client informed the tenant of this situation, the defendant informed that he would not pay the rent and vacated the house.
The defendant’s behavior in question was against the procedure and the law and caused material damage to his client. In other words, pursuant to the 2nd paragraph of Article 347 of the Turkish Code of Obligations, “In indefinite lease agreements, the lessee can always terminate the agreement, according to the general provisions, after ten years have passed from the beginning of the lease.” It is called. In addition, in accordance with the ongoing Article 348, regarding the validity of the notification, “The validity of the notice of termination in residential and roofed workplace leases depends on making it in writing.” It means.
The defendant tenant never informed the client that he would vacate the residence with such a written warning; vacated the house in the middle of the lease period. Even the key to the house was not received by the client. Since the date the house was vacated, the immovable has not been used and no rental income can be obtained.
Pursuant to Article 324 of the Turkish Code of Obligations, “The lessee is obliged to pay the rent, even if the leased property is not used for a reason arising from the lessee himself or is used in a limited manner, as long as it is available for use.” For this reason, …/…/…. Although a warning letter (ANNEX-2) was sent for the payment of the rent on the date of It is fixed that the purpose of the defendant’s behavior is to inflict damage on the lessor plaintiff client.
The defendant is responsible for the rental costs and the damages incurred by the plaintiff client. Pursuant to Article 325 of the Turkish Code of Obligations, if the lessee returns the leased property without complying with the contract term or the termination period, the debts arising from the lease agreement continue for a reasonable period of time during which the leased property can be leased under similar conditions. In the event that the lessee finds a new tenant who can be expected to accept from the lessor before the expiry of this period, has the ability to pay and is ready to take over the rental relationship, the tenant’s debts arising from the lease agreement will end. By saying that, the responsibility of the defendant is revealed. The client has still not been able to find another tenant for the real estate in question, and his loss continues to increase.
Due to the reasons explained above, the defendant had to demand the compensation of the damages suffered by the client due to the early eviction of the leased property.
LEGAL REASONS :
EVIDENCE : ../../…. lease contract with the start date, ../../…. Dated Warning, Bank Records, Statements, Discovery and Expert Report (If Necessary), Other all kinds of evidence
CONCLUSION AND REQUEST: For all the reasons explained above and to be taken into account by your Court ex officio,
1-TO THE WHOLE ACCEPTANCE OF THIS CASE, which we have filed in your court, and of our claims.
2- In order to compensate the damage (rental loss receivable) suffered by the plaintiff client due to the unjust early eviction of the defendant’s lease, for now, the …….. TL is to be collected from the defendant and given to the plaintiff client, together with the legal interest to be accrued from the date of default.
3- By proxy, we request that it be decided to leave the litigation expenses and attorney’s fees to the other party. 09/11/2021
Plaintiff A….. B….. Attorney
Lawyer
