06 May Eviction Cases
RIGHT TO SUE IN EVICTION CASES
1-the lessor’s right to sue arises from the contract
– If the lessor has more than one, all lessors must sue together
2. The owner has the right to sue based on the right of ownership.
3 – new owner’s right to sue if the new owner has acquired the lease after the lease agreement has been established, the previous owner has the right to sue as his successor
Fixed-Indefinite Term Lease Agreement
The lease agreement may be made for a specific and non-specific period of time.
The lease agreement, which shall expire without notice upon the passing of the agreed period, is of a certain duration.
Other lease agreements are deemed to have been made for an unspecified period of time.
Lease change of hands TBK 310 md
If the lease changes hands for any reason after the establishment of the contract, the new owner becomes a party to the lease agreement.
Provisions on expropriation reserved
Lower rent TBK 322
The lessee may rent out the lessee in whole or in part, as well as transfer the right of use to another person,provided that it does not cause any harm to the lessor.
– The tenant can not lease the leased property to another person or transfer the right to use it unless the written consent of the lessor is provided for in the rental of the residential and roofed work place.
If the lessee uses the lessee in a manner other than that provided to the lessor, the lessee shall be liable to the lessor. In this case, the lessor may exercise his rights against the lessee or the owner of the right to use.
The parties of the lease agreement do not change during the transfer of the right of use.
In the second paragraph of the article, the transfer of the right to use and sub-rent in the rental contracts for houses and roofed workplaces is subject to the consent of the lessor.
In the last paragraph, it is stated that the sub-tenant will be directly responsible to the lessor and that the lessor can use the rights he has against his tenant against the sub-tenant and the right to use them against the transfer area.
In the lease agreements subject to general provisions, the transfer of the right to sub-lease and use is not subject to the consent of the lessor, but if the parties transfer the right to another in spite of the Prohibition of transfer in the contract, it is contrary to the contract.
The lessor may avoid giving consent. The lessor’s obligation to give consent to the transfer of the lease relationship, however, the law has made an exception in this regard in terms of work place rents.
In workplace leases, only the lessor may avoid giving consent for justifiable reasons.
There are two separate lease relationships between the lessee and the lessee.
The first of these is the original lease agreement between the lessor and the tenant (the first tenant).
The second is the lease agreement between the third person who leases the lease from the tenant (the first tenant).in the second case, the tenant of the first contract is the lessor of the second contract.
With the establishment of the second contract, the responsibility of the first tenant to the lessor continues.if the second tenant damages the lessor, the first tenant is liable for these damages.
In the lower rent, the tenant must pay the rent to the lessor of the second contract (the first tenant).
The lessor of the first contract cannot force the lower tenant to pay the rent to himself.
Even if the lessor of the first contract and the lessee of the second contract have agreed to pay the rent to him, the lessee of the second contract shall not relieve the lessor of the responsibility to pay the rent against the lessor.
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