Petition For Decision To Terminate The Lease Agreement
TO THE JUDGE OF THE … MAGISTRATE LAW COURT
THE PLAINTIFF :
ADDRESS :
PROVOCATE :
ADDRESS :
DEFENDANT :
ADDRESS :
SUBJECT : It is our Request for Decision to Terminate the Lease Agreement.
EXPLANATIONS :
1-) Our client, the apartment at the address ………, monthly …. TL monthly rent …./…/…/… with a starting date of five years as a residence.
2-) Pursuant to Article 3 of the attached lease agreement, it is stipulated by the parties that “…even if the term of the contract expires, if the residence continues, the term of the contract is extended by one year unless a new written contract is made…”. The contract was extended for one year periods from the date of termination dated …/…/…/…/…which was agreed in the lease agreement until …/…/…/….
3-) Article 347 of the Turkish Code of Obligations No. 6098 states;
“In residential and roofed workplace leases, unless the lessee notifies at least fifteen days before the end of the term of the fixed-term contracts, the contract is deemed to be extended for one year with the same conditions. The lessor cannot terminate the contract based on the expiration of the contract period. However, at the end of the ten-year extension period, the lessor may terminate the contract without giving any reason, provided that the lessor gives notice at least three months before the end of each extension year following this period.
In indefinite-term lease agreements, the lessee may terminate the agreement at any time and the lessor may terminate the agreement with a notice of termination according to the general provisions after ten years from the beginning of the lease.”
In accordance with the regulation, our client notified the defendant tenant on …/…/…/… date …. Notary ….. (Annex-2) of the Notary Public on …/…/… and notified the defendant tenant that he would terminate the lease agreement on …/…/… date. The tenant, on the other hand, refrained from evacuating the immovable property despite the notice served to him.
4-) The fact that the defendant tenant has been a tenant of the immovable for more than 10 years will be clarified by the testimony of our witnesses whose names and addresses are included in the witness list presented in the annex (ANNEX-3) before your court.
6-) For the reasons explained, it has become necessary to file this lawsuit for the termination of the lease agreement signed between our client and the defendant.
LEGAL GROUNDS : 6098 S. Code Art. 347, 348, 6100 S. Code Art. 6, 10, Late Art. 2
LEGAL EVIDENCE :
CONCLUSION AND REQUEST : For the reasons explained above, we request on behalf of our client that the lease agreement signed between the parties on …/ …/ … be terminated, and that the judicial expenses and attorney’s fee be imposed on the other party. …/ …/ …
ANNEXES
Counsel for the Plaintiff
……………………………