Petition For Objection To Eviction Order
………….( ) EXECUTION JUDGE
FILE NO:…./…
OBJECTING TO THE EVICTION ORDER
DEFENDANT :A….. B….. (T.C.:…………)
ADDRESS
AGENT :Lawyer ……………
ADDRESS
THE PLAINTIFF : C….. D…. (T.C.:………..)
ADDRESS
SUBJECT OF REQUEST :
2021/….. of Ankara …. Enforcement Directorate It is about the presentation of our objections against the Eviction Order sent from the file numbered 2021/ and the request to stop the proceedings.
EXPLANATIONS
Client A….. B….., ownership of which belongs to the creditor C….. D…. as a tenant in accordance with the lease agreement (Annex-1) dated …/../….. According to the contract between the parties, the monthly rent of the rented workplace is 000,00TL and will be paid on the … day of each month.
The plaintiff filed a lawsuit against the client with the file numbered 2021/….. of Ankara …. Enforcement Directorate With the file numbered 2021/…., a proceeding was initiated with the claim of the end of the lease period and the eviction order subject to this proceeding was notified to us on ../../….. The said eviction order is against the procedure and the law. Namely
In order for the eviction commitment to be valid, the eviction commitment must be made in writing, the commitment must be given through the lessee or his authorised representative, the eviction date must be specified in the eviction commitment and the commitment must be given after the delivery of the lease.
.
In the proceeding subject to the objection, the lessor, unfairly and in bad faith, processed an invalid eviction undertaking and requested the eviction of the immovable property. Although the plaintiff has requested the eviction of the client with a letter of undertaking attached to the lease agreement, such a request is contrary to the procedure and the law. As a rule, the eviction undertaking must be given after the delivery of the leased property. This means that the eviction undertaking cannot be issued together with the lease agreement. It must be issued separately from the lease agreement.
The said undertaking is included in the contract regarding the lease of the immovable. For this reason, it bears the same date with the contract. According to the procedure and the law, the letter of undertaking should not bear the same date with the lease agreement, it should be dated later. For these reasons explained, since the formal conditions are not fulfilled, the lease agreement is deemed to have been extended by finalising the non-existence of an alleged eviction undertaking. The plaintiff’s eviction request is unwarranted and unjustified in this respect.
Since the client has not given an eviction undertaking to the lessor. The eviction undertaking is against the procedure and the law. The proceeding is completely unfair, we object to the eviction order in due time.
LEGAL GROUNDS :
EBL, TCO, CPC, Law of Attorneys and other relevant legislation
EVIDENCE :
……. ….Execution Directorate’s 2021/….. E. numbered file subpoena, ../../…. Start Date Lease Contract, Expert report (If deemed necessary), Any other evidence
CONCLUSION AND REQUEST:
For all the reasons explained above and to be taken into consideration by your Court ex officio,
1-Accept our OBJECTIONS against the said proceedings and evacuation order,
2-SUSPEND the proceedings and eviction request initiated in unfair and bad faith by making a decision in line with our objections,
3- We request and demand that the judicial expenses. Attorney’s fee be decided to be left on the other party. 04/10/2021
Objecting to the Eviction Request
A…. B…… Acting
Lawyer
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