Tenant Damage Detection Petition
…………. TO THE JUDGE OF THE COURT OF PEACE
REQUESTING DAMAGE ASSESSMENT
THE PLAINTIFF :.:A….. B….. (T.C.:…………)
ADDRESS
AGENT :Lawyer ………………
ADDRESS
DEFENDANT : C….. D…. (T.C.:………..)
ADDRESS
SUBJECT OF THE REQUEST :
It is about the request to determine the damages and deficiencies caused by the evacuation of the leased immovable as a basis for the compensation lawsuit to be filed.
EXPLANATIONS
Ownership of the plaintiff client A….. B….., the defendant C….., who is a tenant in the workplace owned by the plaintiff client A….. B….. with a lease contract (Annex-1) dated …/../…. D…., due to non-payment of the last … month’s rent, Ankara …. Enforcement Directorate’s file numbered 2021/….. It initiated a proceeding with the file numbered 2021/ (ANNEX-2). With the finalisation of the proceeding, we filed a lawsuit with the file numbered 2021/…. of Ankara ( ) Enforcement Law Court With the file numbered 2021/ (ANNEX-3) of Ankara ( ) Execution Law Court, it was requested to decide on the evacuation of the defendant due to default. After our request was accepted, the defendant was evicted from the residence subject to the request on ../…/…..
.
After the eviction of the defendant, it was seen by the client that there were some damages in the residence. It is not possible for the client to accept the residence in this way. It is not possible for the client to use or rent the dwelling in this damaged state. The defendant unlawfully damaged the client’s immovable property and caused damage to the client. For this reason, it has become necessary for us to file a lawsuit against the defendant for the damage and loss caused to the immovable.
For the reasons explained above, we will file a lawsuit against the defendant for damages and losses and also because it is necessary to repair the existing damage;
Determination of the damages and deficiencies,
Calculation of the materials and labour costs required for the elimination of these damages and deficiencies,
Determination of the period of time that will be required to repair the damage and the loss of earnings that the client will suffer during this period and
We request your Court to determine the loss of value of the immovable property.
LEGAL GROUNDS :
Law No. 6570, EBL (156 and all other articles), CCP, Law of Attorneys and other relevant legislation
EVIDENCE :
2021/….. of Ankara …. Enforcement Directorate E. numbered file subpoena, 2021/…. of Ankara ( ) Enforcement Criminal Court Subpoena to the file numbered …/…/…. Lease Contract with Start Date, Expert report, Discovery, Witness statements (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-Acceptance of our lawsuit and determination of the matters listed above,
2- We request and demand that the costs of the determination, the costs of the proceedings and the attorney’s fee be decided to be left on the other party. 06/10/2021
Requesting Damage Assessment
A…. B…… Acting
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