Petition for Lessor’s Right Of Lien
…………. ( ) EXECUTION OFFICE
EXERCISE OF THE RIGHT OF IMPRISONMENT
REQUESTER
THE PLAINTIFF :A….. B….. (T.C.:…………)
ADDRESS
AGENT :Lawyer ………………….
ADDRESS
DEFENDANT : C….. D…. (T.C.:………..)
ADDRESS
SUBJECT OF THE REQUEST :
It is about our request to use the right of imprisonment on the defendant’s movable property in order to guarantee the client’s rent receivable.
EXPLANATIONS
Defendant C….. D…. lives as a tenant in the property owned by the plaintiff client in accordance with the lease contract (Annex-1) dated ../../….. According to the contract between the parties, the monthly rent of the rented residence is 000,00TL and will be paid on the … day of each month.
Despite the aforementioned contract concluded between the parties, since the defendant has not paid the last … monthly rent until the date of follow-up, Ankara …. Enforcement Directorate’s 2021/….. With the file numbered 2021/…., a payment order (Annex-2) was sent over the original receivable of TL 000.00, which is the unpaid rent; the payment order was notified to the debtor tenant on ../../…..
.
Although the defendant debtor objected to the follow-up request on …/…./…., this objection is unfair and malicious. When the client came face to face with the defendant tenant, it was seen that the defendant declared that he would not pay the debt and tried to make things worse with the discussions. It is necessary to guarantee the defendant’s debt to the client. Article 36 of the TCO, “In immovable leases, the lessor has the right of imprisonment on the movables in the leased property and used for the furnishing or use of the leased property, as security for the one-year and six-month lease fee.” Accordingly, the client wants to secure his receivables.
As a result, in order to be a guarantee for the client’s receivable, we request that your Directorate determine the movable goods belonging to the defendant tenant in the residence subject to the request and allow the plaintiff client to temporarily use the right of imprisonment on these goods.
LEGAL GROUNDS :
TCO, İİK, HMK, Av. Law and other relevant legislation
EVIDENCE :
Ankara …. Enforcement Directorate’s file numbered 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 ex officio by your Directorate,
1- Acceptance of our request and determination of the movable property belonging to the defendant tenant,
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. 07/10/2021
Requesting the Exercise of the Right of Imprisonment
A…. B…… Acting
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