Petition For The Determination Of The Title Of Tenancy
-SAMPLE PETITION-
ANKARA COURT OF PEACE ON DUTY
PLAINTIFF (TENANT) :
ADDRESS
REPRESENTATIVE :
ADDRESS
DEFENDANT
(LESSOR):
ADDRESS
SUBJECT OF THE REQUEST :
It is about our requests for the determination of the continuation of the client’s tenancy title and the prevention of the dispute.
EXPLANATIONS
Plaintiff client A….. B….., ownership of which belongs to the defendant C….. D…., the property of which belongs to the defendant C………………………….. Batıkent Yenimahalle Ankara, owned by the defendant C…. D…., as a tenant since ../../…. He has been living as a tenant since …/./.
There has been a relationship of trust between the plaintiff and the defendant since long before the start of the tenancy relationship. Based on this relationship of trust, they made a verbal lease agreement and agreed to put this agreement in writing in the future. Although the client has repeatedly stated that he wanted to convert the agreement in question into written form, this request was constantly postponed by the defendant; it was stated that there would be no problem by putting forward trust relations.
Since the plaintiff client started to reside as a tenant in the defendant’s residence, he has been paying a monthly rent of …. TL rent and this amount is regularly increased at the beginning of each rental period at the rate of inflation/inflation rate. The plaintiff’s bank account transaction records regarding these payments are attached to this petition (Annex-1). Although the said value and the increase made in each new lease period are equivalent to the precedents of the residence, in this new lease period, the defendant has demanded an exorbitant increase, claiming that this value is below the precedent and fair values in today’s market.
.
The defendant was verbally informed by the client that this increase requested by the defendant was not acceptable; an appropriate increase was requested. Although such a request was made by the plaintiff, the defendant, in bad faith, rejected this request and the request for reconciliation, saying that the plaintiff was not a tenant and that he would evict him from the dwelling.
Defendant ../../…. With the dated notice (Annex-2), the defendant notified the client to evict from the residence on the grounds that he was not a tenant, otherwise he would be evicted by execution. However, even in the water, natural gas, electricity, internet, telephone subscription documents (ANNEX-3) that we have submitted in the annex of this petition, the subscriptions are registered in the name of the client, and as the defendant knows very well, the plaintiff client has the title of tenant of the residence in question.
The plaintiff client has been residing in the defendant’s property for a very long time and has a well-established system there. During this period, there were no disputes between the client and the defendant regarding rent payments or the leased property.
.
The rent was paid regularly every month and the client’s duty of care in relation to the leased property was never breached by the defendant. In this way, the relationship of trust developed between the client and the defendant has never been shaken until the exorbitant rent demanded by the defendant.
It is not possible to accept the increased rent demanded by the defendant. Considering the current market prices and the condition of the residence, this requested increase is far above the equivalents and it is very clear that it cannot be accepted. Despite this obvious situation, the fact that an increase in the rental price at this rate is requested and that the defendant is not willing to compromise despite the request for a discount shows that the defendant is only malicious. The sole purpose of the defendant is to victimise the client. Since he knows that the client cannot change the established order under these conditions, he wants to take advantage of the client’s difficult situation.
All claims and coercions of the defendant are against the law, morality and good faith. For all these reasons explained, in order to prevent the victimisation of the plaintiff client, it has become necessary to request your Court to determine the tenancy title of the client.
LEGAL GROUNDS :
Law No. 6570, TCO, CCP, CPC, Av. Law and other relevant legislation
EVIDENCE :
Bank account movement records, ../../…. Dated notice, Water, natural gas, electricity, internet, telephone subscription documents, Precedent Rental Agreements, Witness Statements, Discovery and 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- To accept this lawsuit and our demands in its entirety that we have filed in your court,
2- To determine the tenancy of the plaintiff client,
3- We request and demand that the judicial expenses and attorney’s fee be decided to be left on the other party. 13/10/2021
Requesting Determination of Tenancy
Plaintiff A….. B….. Attorney for
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