Rent Determination Case Petition Sample
TO THE COURT OF PEACE ON DUTY
THE PLAINTIFF:
ATTORNEY: Atty. ………………..
DEFENDANT:
SUBJECT:
It is a request for the determination of the rental price.
EXPLANATIONS:
My client, the plaintiff, has rented the workplace located at ……….., which is owned by the defendant in accordance with the lease agreement dated …../…../…../….., for a monthly rent of ….. TL per month in return for rent.
The defendant, with the notice dated ……., increased the rental price specified in the lease agreement by …..% to ………. TL by increasing the rent specified in the lease agreement by %. However, it is unlawful for the lessor to unilaterally increase the rental price by ……% above the inflation rate.
Pursuant to the provisions of the Turkish Code of Obligations on rents for residential and roofed workplaces, the rate of increase in the rental price cannot exceed the TURKSTAT consumer price index for the previous lease year. It has become necessary to file this lawsuit in order to prevent the victimisation arising from the unfair, exorbitant price increase and to determine the rental price by your court.
EVIDENCE:
Lease agreement, expert examination, discovery and other legal evidence
LEGAL GROUNDS:
TCO and related legislation
CONCLUSION AND REQUEST:
For the reasons we have presented above, we request that the monthly rental price of the leased property be determined in accordance with equity, that this rental price be deemed valid from the rental period starting on …../…../…../….., and that the costs of the proceedings and attorney’s fee be charged to the defendant.
Plaintiff Attorney
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