Tenant Eviction Case Court Of Cassation Decision
Court of Cassation 3rd HD 2018/1149E-2018/5273K
Eviction Case for Tenant
TCO Article 316
There is no dispute that there is a written lease agreement between the parties. With the notice dated 27.08.2012 sent by the plaintiff lessor; although it was stated that it was fixed with the minutes kept that there were behaviours that disrupted the calmness and security of the site and it was stated that the breach of contract should be eliminated within 30 days from the notification of the notice, otherwise a lawsuit would be filed, no notification annotation indicating that the notice was notified to the addressee could not be found in the file.
If the notice has been served, by considering the issue of whether the behaviours imputed as of the date of service will constitute a breach of contract within the scope of Article 316 of the TCO, by considering the date of filing a lawsuit, the plaintiff’s rightfulness in filing a lawsuit should be evaluated and a decision should be made about the judicial expenses and attorney fee according to the result, but the decision made in the written manner is contrary to the procedure and the law and requires a reversal.
Conclusion Without taking into account the principles explained above, it is inappropriate to make a judgement as written, and since the appellate objections are appropriate for these reasons, it is accepted…
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