Petition Asking For a Decision On The Termination Of The Lease Agreement

28 Feb Petition Asking For a Decision On The Termination Of The Lease Agreement

… MAGISTRATE’S COURT JUDGE

PLAINTIFF :

TC IDENTIFICATION NUMBER :

ADDRESS :

Deputy :

(Legal representatives of the parties, if any)

ADDRESS :

(Legal representatives of the parties, if any)

DEFENDANT :

Address :

Subject: it consists of our request to decide on the termination of the lease agreement.

INSTRUCTIONS :

1 -), ……… apartment at the address, monthly …. With TL rent …./ … / … the bank leased it to the defendant as a service building for a period of five years.

2 -) 2 of the contract in the lease agreement (Annex-1) presented in the Annex. according to the article, it was decided that the contract would be extended by itself in one-year periods if the parties were not notified of the termination of the contract at the end of the lease term. The contract has been extended for one year from the date of termination agreed in the lease agreement to the date of termination.

3 -) 347 of the Turkish Code of Obligations No. 6098. Item is included in;

“ In residential and roofed workplace leases, the contract is considered extended for one year on the same terms, unless the tenant gives notice at least fifteen days before the expiration of the fixed-term contracts. The lessor may not terminate the contract based on the end of the term of the contract. However, at the end of the ten-year extension period, the lessor may terminate the contract without any reason, provided that he gives notice at least three months before the end of each extension year following this period.

In indefinite-term lease agreements, the lessee may terminate the contract at any time, and the lessor may terminate the contract with notice of termination in accordance with the general provisions, ten years after the beginning of the lease.”

According to the regulation, our client is the defendant to the tenant … / … / … on the date…. Notary public….. He has announced that he will terminate the lease agreement on the date of …/…/… by issuing a warning with a daily notice (Annex-2). The tenant, on the other hand, refused to evict the property despite the warning given to him.

4 -) the fact that the defendant tenant is a tenant for more than 10 years in the real estate will also be clarified by the statements of our witnesses, whose names and addresses are included in the witness list presented in the annex (Annex-3), to be given before your court.

6 -) for the reasons described, it is necessary to open this case in order to decide on the termination of the lease agreement signed between our client and the defendant.

Legal reasons: 6098 P. K. m. 347, 348, 6100 P. K. m. 6, 10, late. m. 2

LEGAL EVIDENCE : 1-) …/…/…. dated lease agreement

2-) …. A notary’s office …/…/… dated and … numbered

references

3 -) witnesses will testify with their names and addresses

a list of witnesses that shows topics.

Conclusion and request : for the reasons described above, we demand by proxy on behalf of our client that the decision be made to terminate the lease agreement signed between the parties on the date, to load the trial costs and the power of attorney fee to the other party. …/ …/ …

Adds: 1 -) …./ … / … initial lease agreement

2 -) … … note of the Notary Public … / … / … dated and … daily,

3 -) A list of witnesses that shows the names and addresses of witnesses and the topics they will testify,

4 -) one sample of approved power of attorney.

Acting Plaintiff

Attorney