Eviction Petition Due to Unauthorized Subleasing of Property

TO THE DUTY CIVIL COURT OF PEACE

ISTANBUL

PLAINTIFF: Company - (… Tax Office, Tax Number: …) - Address

ATTORNEY: Lawyer's Name and Surname - Address - Telephone Number

DEFENDANT: 1- Name and Surname (Tenant) - Address
2- Name and Surname (Subtenant) - Address

SUBJECT: Eviction due to unauthorized subleasing of the property.

EXPLANATIONS:

1. The plaintiff client company leased its business premises located at … address to the defendant, …, for commercial purposes with a lease agreement signed on …/…/20…. Article … of the agreement explicitly states that the lessee may not sublet, transfer, or otherwise allow the use of the property, either partially or completely, to third parties. This clause is a fundamental element of the lease agreement and constitutes a binding provision on the parties.

2. However, the defendant tenant, ..., violated this explicit provision in the contract and, without the knowledge and consent of the plaintiff company, subleased the property to the defendant tenant, ..., on .../.../20... This constitutes a direct interference with the plaintiff company's property rights and rights arising from the lease agreement. This arbitrary and unlawful conduct of the defendant tenant has caused both material and moral damages to the plaintiff company.

3. The plaintiff company, immediately after discovering the defendant tenant's breach of contract, sent a notice via notary public on …/…/20… warning the tenant and demanding that the situation be rectified. The notice clearly stated that the property had to be vacated immediately and that legal action would be taken otherwise. However, the defendant tenant disregarded this warning, did not vacate the property, and continued to sublet it.

4. The defendant tenant's persistent and malicious behavior has forced the plaintiff company to seek legal recourse. The plaintiff company is requesting the termination of the lease agreement and the eviction of the property. Furthermore, compensation for material damages resulting from the defendant tenant's unlawful occupation is also sought. The defendant sub-tenant is jointly liable with the defendant tenant for knowingly and intentionally occupying the property unlawfully.

EVIDENCE:

1. Title deed records (documents showing that the property belongs to the plaintiff company),
2. Lease agreement dated …/…/20… (Agreement concluded between the tenant and the plaintiff company, stating that the property cannot be leased to anyone else),
3. Notice dated …/…/20… (Notice sent by the plaintiff company to the tenant demanding the eviction of the property),
4. Witness statements (if necessary, testimony from persons who knew that the property was subleased and that the plaintiff company did not consent to this),
5. On-site inspection (A request from the court to conduct an on-site inspection to determine the actual condition of the property).

LEGAL GROUNDS:

Relevant articles of the Turkish Code of Obligations, Article 352 of the Turkish Code of Obligations No. 6098, and related legislation.

CONCLUSION AND REQUEST:

For the reasons explained above;

1. The defendant tenant sublet the plaintiff company's property without permission
2. Because the defendants have unlawfully occupied the property since …/…/… date,

I respectfully request and demand that the court order the eviction of the defendants from the property, the collection of rent from the date of eviction, and the payment of court costs by the defendants.

History

Plaintiff's Attorney

Lawyer's Name and Surname Signature