Lawsuit Petition For Loss Of Rent Due To Early Eviction
…………………. TO THE JUDGE OF THE ( ) MAGISTRATE LAW COURT
PLAINTIFF
(LESSOR) :A….. B….. (T.C.:…………)
ADDRESS
AGENT :Lawyer ……………….
ADDRESS
DEFENDANT (TENANT) :C….. D…. (T.C.:………..)
ADDRESS
CASE VALUE : 000,00 TL
SUBJECT OF THE DEMAND :
This is our petition for the compensation of the damage caused to the plaintiff client due to the defendant’s evacuation of the leased immovable property before the deadline.
EXPLANATIONS
Defendant C….. D…., owned by 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 contract (Annex-1) dated …/…/….. According to the contract between the parties, the defendant has been paying 000,00TL per month as the rent of the rented residence since the beginning of the contract date. After the end of the lease period specified in the contract, no notification was made by the defendant; the lease agreement continued in the next period.
In the middle of the second lease period, on …/…/… date, the defendant evacuated the rented property and the rent has not been paid since this date. When the client notified the tenant of this situation, the defendant stated that he would not pay the rent and that he had vacated the house.
.
The behaviour of the defendant is against the procedure and the law and has caused financial damage to the client. Namely, pursuant to Article 347, Paragraph 2 of the TCO, “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.” It is stated. In addition, pursuant to Article 348, “The validity of the notice of termination in residential and roofed workplace leases depends on the written notice of termination.” It states.
The defendant tenant never notified the client that he would vacate the dwelling with a written notice in this way; he vacated the dwelling suddenly in the middle of the lease period. Even the key to the flat was not received by the client. The immovable has not been used since the date of evacuation and no rental income can be obtained.
Pursuant to Article 324 of the TCO, “As long as it is kept available for use, the lessee is obliged to pay the rent even if the leased property is not used or used to a limited extent due to a reason arising from the lessee itself.” For this reason, the client notified the defendant …/…/…. Although a notice (ANNEX-2) was sent to the defendant on the date of …/ /./ for the payment of the rental fee, no payment was made and even it was stated that it would not be made. It is fixed that the purpose of the defendant’s behaviour in question is to cause damage to the lessor plaintiff client.
.
The defendant is liable for the rent and the damages caused to the plaintiff client. Pursuant to Article 325 of the TCO, if the lessee returns the leased property without complying with the term of the agreement or the termination period, the obligations arising from the lease agreement continue for a reasonable period of time during which the leased property can be rented under similar conditions. In the event that the lessee finds a new lessee who has the ability to pay and is ready to take over the lease relationship, which the lessor can be expected to accept from the lessor before the expiration of this period, the lessee’s obligations arising from the lease agreement are terminated.” It is stated that the defendant’s responsibility is revealed. The client has still not found another tenant for the immovable property in question and the damage continues to increase.
For the reasons explained above, it has become necessary to demand the compensation of the damages suffered by the plaintiff client due to the early evacuation of the leased property by the defendant.
LEGAL GROUNDS : TCO, CPC, Av. Law and other relevant legislation
EVIDENCE : ../../…. dated lease contract, ../../…. Dated notice, Bank Records, 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-THAT THIS LAWSUIT and OUR REQUESTS, which we have filed in your court, BE ACCEPTED IN WHOLE
2- In order to compensate the damage (rent loss receivable) incurred by the plaintiff client due to the defendant’s unfair early eviction of the lease, for the time being …….. TL …. to be taken from the defendant and given to the plaintiff client together with the legal interest to be operated from the default date
3- We request by proxy that the judicial expenses and attorney’s fee be decided to be left on the other party. 09/11/2021
Plaintiff A….. B….. Attorney for
Lawyer
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