Sample Response To A Notice Of Default
Response to the Notary Public’s Notice
………… 2. NOTARY PUBLIC’S OFFICE
RESPONDENT TO THE NOTICE:
ATTORNEYS:
ADDRESS:
OPPOSING PARTY:
ATTORNEYS:
SUBJECT: Response to a Notice of default dated ../../.., issued by the Notary Public …, Journal Number …
EXPLANATIONS
1. The claims made by the lessor in the aforementioned notice are legally unfounded. The lessor is demanding a monthly net rent of …..,00 TL for the new rental period between ..-.. However, this demand is unjust, excessive, and lacks legal basis.
2. In the lessor’s notice, the reason given for the demand for an increase in the rent is the new urban developments in the vicinity of the property in question. They also mention that the property in question is rented at a lower rate than other properties in the vicinity. However, these claims do not reflect the truth.
As is well known, according to established Supreme Court practice, if the rent is determined in accordance with justice and fairness, a rent increase equal to the CPI (TEFE) index rate may be requested for the following periods, limited to 65% for three consecutive years.
In the first lease agreement signed between the parties on ../../.., the monthly rent was agreed to be …,00-TL. There are no other conditions regarding rent increases in the lease agreement. In the periods following the agreement, the client paid the rent with an increase above the inflation rate. The period for which an increase is requested by notice is the fifth period according to the lease agreement. As in previous periods, the rent for the new period starting on ../../.. will also be increased based on the annual CPI figure. The amount demanded in the notice is unjust and excessive, so we cannot accept it.
Dear Notary, we request that one copy of this notice, consisting of three copies, be served to the addressee, one copy be kept in your office, and the other copy, bearing the service notation, be returned to us. ……./…../2018
…………….Attorneys