Request For Cancellation Of The Objection And Decision On Eviction
….. TO THE JUDGE OF THE MAGISTRATE LAW COURT
THE PLAINTIFF :
TC ID NUMBER :
ADDRESS :
PROXY :
(legal representatives of the parties, if any)
ADDRESS :
(Legal representatives of the parties, if any)
DEFENDANT
ADDRESS :
SUBJECT : Our petition includes our request for the cancellation of the objection and the eviction decision.
EXPLANATIONS :
1-) The tenant … … has been living in the apartment at the address of … Street in … Province, … District, … Street, which belongs to our client … …, since …/…/… in accordance with the verbal lease agreement between the parties. The reason why there is no written contract between our client and the tenant is due to the fact that the tenant has been acquainted with his family for many years.
2-) Upon the tenant’s failure to pay the rent for …. months in a row, despite being warned by our client verbally and through a notary notice (ANNEX 1), the tenant did not pay the rent and the … Enforcement Directorate’s …/…. E. numbered file of the …/…/…E. of the …/…/…E. of the Execution Directorate with the request for payment of the unpaid rent amounting to …-TL and eviction (ANNEX 2) and a payment order was sent to the tenant on …/…/…; the tenant objected within the legal period and the follow-up was stopped as a result of this objection.
3-) Although the tenant … … claims in his objections that he repeatedly went to our client’s house and called him by phone in order to pay the rent, but he could not reach him; although he claims that he finally paid the rent to our client’s daughter, he and our client have repeatedly come face to face and talked on the phone during the non-payment months. If your court deems it appropriate, it will be clarified with the statements of our witnesses whose names and addresses are written in the witness list (Annex 3). In addition, the allegation that our client made a payment to his daughter is baseless. Because our client’s daughter is a student at …. University and returns to her family only during the summer vacation and it is not possible for the tenant to have paid her.
4-) For the reasons explained above, it has become necessary to apply to your court to cancel the tenant’s objection and to ensure eviction.
LEGAL GROUNDS : Art. 269, 269/b of 2004 S. Code; Art. 1, 4, 5, 6100 S. Code.
LEGAL EVIDENCES : 1-) … … Notary … dated …/…/… dated …/…/… and with the journal number …
cease and desist letter,
2-) … Execution Directorate …/…E. numbered follow-up file,
3-) The names and addresses of the witnesses and the subjects they will testify about
witness list.
CONCLUSION AND REQUEST : For the reasons explained above, we respectfully request on behalf of our client that the tenant’s objections to the payment order, which are not in place, be removed and the tenant be evicted, and that the judicial expenses and attorney fees be charged to the other party. …/…/…
ANNEXES: 1-) … … … Notary Public’s notice dated …/…/… and numbered …,
2-) … Execution Directorate …/…E. numbered follow-up file,
3-) Witness list showing the names and addresses of the witnesses and the subjects they will testify,
4-) One approved power of attorney sample.
Plaintiff Attorney
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