Reply Petition For Rent Determination Case
-SAMPLE PETITION-
ANKARA ( ) MAGISTRATE LAW COURT
THE PLANTIF:
ADDRESS
REPRESENTATIVE :
ADDRESS
DEFENDANT :
ADDRESS
SUBJECT OF THE REQUEST :
It is about the presentation of our statements against the merits of the lawsuit filed by the plaintiff.
DISCLOSURES
Defendant client C….. D…., ownership of which belongs to the plaintiff A….. B….., whose property belongs to the plaintiff ………………………….. Batıkent Yenimahalle Ankara, the property of which belongs to the plaintiff A…. B…., as a tenant in accordance with the lease agreement (Annex-1) dated …/…/…..
According to the contract between the parties, the client has been paying 000,00TL per month as the rent of the rented residence since the beginning of the contract date. However, the plaintiff, claiming that this value is below the precedent and market values in today’s market, sent the client ../../…. With the dated notice (Annex-2), it was notified that the rental price would be increased. To us ../../…. It was verbally notified to the plaintiff that the increase specified in this notice, which was not acceptable, and an appropriate increase was requested.
Although such a request was made by the defendant, the plaintiff did not respond to this request and the settlement request and filed this lawsuit in bad faith.
.
The defendant client has been residing in the property belonging to the plaintiff for a very long time. During this period, there has been no dispute between the defendant and the plaintiff regarding rent payments or the leased immovable property. The rent was paid regularly every month and the duty of care regarding the leased property was never neglected by the client. In this way, the trust relationship developed between the client and the plaintiff has never been shaken until the date of ../../…., when the petition of the lawsuit unjustly filed by the plaintiff was notified to the client.
It is not possible to accept the increased rent demanded by the plaintiff with the notice. Considering the current market prices and the condition of the house, 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 the increase in the rent being paid is requested at this rate and that the settlement is not approached despite the request for a discount shows that the plaintiff is only malicious.
This lawsuit brought by the plaintiff is unfair and far from good faith. Although the plaintiff claims that the rental price of the leased immovable is much lower than its peers, this claim cannot be accepted by us. The rental price paid by the defendant is at the same or even higher values with its peers, and it is a very appropriate value considering the troubled economic process in our country.
.
There is an ongoing lease relationship between the plaintiff and the defendant client on the basis of trust. Until today, there has not been even the slightest problem created by the defendant client in relation to rent payments or the immovable property. It is not acceptable that this lawsuit has been filed against the defendant client who pays the rent without delay.
Considering the conditions of the country and the condition of the immovable property, the rent being paid for the immovable property subject to the dispute is equivalent to its peers, the annual increases have been made and the plaintiff has filed this lawsuit with complete malice, the plaintiff’s claims and demands contrary to equity and procedure are not accepted; we have the necessity to request the dismissal of the lawsuit.
LEGAL GROUNDS :
Law No. 6570, TCO, CCP, CPC, Av. Law and other relevant legislation
EVIDENCE :
Title deed of the leased immovable, Lease Contract with start date ../../…., ../../…. Dated notice, Precedent Lease 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- DISMISSAL OF THIS LAWSUIT AND CLAIMS of the plaintiff with malicious allegations in its entirety,
2- We request and demand that the judicial expenses and attorney’s fee be decided to be left on the other party. 12/10/2021
Respondent Answering the Lawsuit
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