Petition for Compensation for Damages Occurring to Real Estate
TO THE DUTY PRIMARY CIVIL COURT
……………
PLAINTIFFS:
1- Name and Surname – (Turkish Republic Identity Number: …) – Address
2- Name and Surname – (Turkish Republic Identity Number: …) – Address
ATTORNEY: Lawyer's Name and Surname – Address
DEFENDANTS:
1- … Apartment Management – Address
2- Contractor … Ltd. Co. – Address
SUBJECT: This is a request for compensation from the defendants for damages caused by water leakage and structural defects in the property owned by the clients, and for the necessary repairs to be carried out.
VALUE OF THE CLAIM: … TL, reserving our rights to claim further amounts.
EXPLANATIONS:
1- The plaintiff clients are the owners of independent unit number … in the … Apartment building located at … Street No: …, … Neighborhood, Çankaya District, Ankara Province. The clients' apartment is on the upper floor and is a duplex.
2- Due to defects in the building's terrace and roof insulation, the clients' apartment has experienced water leaks, bulging parquet flooring, mold and dampness on the ceilings, and peeling and flaking paint on the walls. This situation has negatively impacted the clients' living conditions and also violated their property rights.
3- The defendant apartment management was contacted via a notice dated …/…/… and numbered … by the … Notary Public to seek compensation for this damage (Appendix-1), but a response was received from the management denying responsibility (Appendix-2).
4- Following this, a request for evidence gathering was made to the ... Civil Court of Peace under file number .../... D. İş, and the expert report (Appendix-3) clearly demonstrated that the damage resulted from deficiencies in terrace insulation and that the apartment management is liable under the Condominium Law.
5- However, the first instance court dismissed the case on the grounds that the terrace was a private area. The appealed decision was OVERTURNED by the Supreme Court of Appeals, ... Civil Chamber, with its decision dated .../.../... and numbered .../... E., .../... K. The Supreme Court's decision clearly stated that "the terrace roof is a common area according to the architectural project, and its maintenance and repair are the responsibility of the apartment management.".
6- According to the new expert report obtained in the retrial following the annulment, it has been determined that a total of … TL is required to repair the damage to our clients' apartment. However, our requests for amendment made within the scope of the initial lawsuit were rejected on the grounds of Article 84 of the Code of Civil Procedure. Therefore, while reserving our rights regarding further claims, we have been compelled to file this lawsuit.
7- As clearly stated in the decision of the 18th Civil Chamber of the Supreme Court of Appeals, numbered 2017/4329 E., 2019/5274 K., "All apartment owners are jointly and severally liable for damages arising from the insulation of the apartment building's roof and terrace." Furthermore, in the Constitutional Court's decision dated June 23, 2021, with application number 2019/1537, it was stated that if the apartment management fails to fulfill its necessary maintenance and repair obligations, the property rights of the owners will be considered violated.
LEGAL GROUNDS:
Turkish Code of Obligations Article 49, Condominium Law Articles 4, 19, 35, Code of Civil Procedure, relevant Supreme Court and Constitutional Court decisions.
EVIDENCE:
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Notarized warning and reply letter (Annex-1 and Annex-2),
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Expert reports,
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Land registry records,
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Supreme Court reversal ruling,
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Photographs and discovery requests,
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Witness statements and any other legal evidence, if necessary.
CONCLUSION AND REQUEST:
For the reasons explained above;
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The defendants are ordered to pay the total amount of … TL for the damages incurred to the clients' property, along with legal interest accruing from the date of the incident
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The apartment management shall cover the repair costs necessary to remedy the damage
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I respectfully request and demand, on behalf of my client, that the court order the defendants to pay the court costs and attorney's fees . …/…/…
Plaintiff's
Attorney's Name and Surname
Signature
YAĞMUR YORULMAZ, LAW FACULTY STUDENT
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