Rape Of A Rightless Place
Although there are various solutions between the tenant and the landlord due to the landlord’s failure to receive the rent within the specified period, the parties sometimes commit various acts that do not have legal rights. One of them is to change the locks of the immovable property where the tenant lives and to prevent the tenant from entering the house due to the landlord’s failure to receive the rent. Such an act constitutes the offense of trespassing where the person has no right. Because the tenant has the right to use the leased real estate. You can review the Sample Court of Cassation Decision.
8th Criminal Chamber
2014/6511 E.
2014/20124 K.
“Case Law Text”
Notification No: 8 – 2013/217169
COURT : Istanbul 45th Criminal Court of First Instance
HISTORY : 12/06/2012
NUMBER : 2011/1075 (E) and 2012/746 (K)
CRIME : Unjustified trespass
Necessity was discussed and considered:
Since it is understood that the defendants prevented the complainant, who is a tenant, from benefiting by changing the doors and locks of the immovable property where the participant resides as a tenant, on the grounds that they could not get the rent; deciding to acquit the defendants with written justification instead of convicting them, without considering that the crime of trespassing the rightless place attributed to the defendants has been established,
Since it is contrary to the law and the appellate objections of the participant’s attorney have been deemed appropriate in this respect, it was decided unanimously on 17.09.2014, in accordance with Article 321 of the Code of Criminal Procedure No. 1412, which should be applied in accordance with Article 8/1 of the Law No. 5320 for this reason (DISMISSAL).
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