Petition for Evacuation Due to Necessity

ISTANBUL ON-DUTY

TO THE CIVIL COURT OF PEACE

FILE NO: 2023/….

PLAINTIFF: Name and Surname-(Turkish Republic Identity Number: …)-Address

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

DEFENDANT: Name and Surname - Address

SUBJECT: Lawsuit requesting eviction of immovable property pursuant to Article 350 of the Turkish Code of Obligations

This is a petition.

EXPLANATIONS:

1- The defendant resides in the apartment located at … Street No: …-… in … District, … Neighborhood, … Province, which is owned by my client, …, pursuant to the lease agreement dated …/…/… .

2- My client is currently residing as a tenant with his daughter in the city of ... . Currently, my client does not own any other shop in the city of ... . Due to his daughter, a pharmacist, resigning from her official job and being unemployed, a need for a business premises has arisen. Upon the eviction of the tenant, my client's daughter will use the shop as her business premises. According to Article 350 of the Turkish Code of Obligations, “The lessor may terminate the lease agreement by filing a lawsuit within one month, starting from the end of the term in fixed-term contracts, or from the date determined in accordance with the general provisions regarding leases and the notice periods for termination, in the case of indefinite-term contracts, if: 1. There is a necessity to use the leased property as a residence or business premises for himself, his spouse, descendants, ascendants, or other persons he is legally obligated to support; 2. The leased property needs substantial repair, expansion, or alteration for the purpose of reconstruction or renovation, and the use of the leased property is impossible during these works.” It has been stated that, provided the time limits stipulated in the law are adhered to, the landlord may terminate the lease agreement by filing a lawsuit if necessary.

3- However, in eviction cases filed based on the precedents of the Supreme Court of Appeals, the need must be genuine and necessary. If there is no necessary need, eviction cannot be requested. numbered 2017/5188E., dated 12.10.2017, 2017/13804 K., the 3rd Civil Chamber of the Supreme Court of Appeals stated: “In cases based on the claim of need, in order for an eviction order to be issued, it must be proven that the need is real, genuine, and necessary. A temporary need that is not continuous cannot be a reason for eviction, nor can a need that has not yet arisen or whose realization depends on a long period of time be accepted as a reason for eviction. The existence of the need at the time the lawsuit is filed is not sufficient; this need must continue during the trial. ...It is understood that the plaintiff's spouse currently operates a tutoring center in apartment number 4 and that apartment number 4 was purchased by a third party, and the plaintiff's spouse's need for the property has been confirmed by witness statements. In this case, it must be accepted that the need is genuine. ”

4- My client's daughter, a pharmacist, had to resign from her job and is currently unemployed, creating a need for a business premises. My client and her daughter live in rented accommodation, and the daughter used to pay the rent when she was working. My client's daughter will use the shop as a pharmacy, and they will be in a better financial situation.

3- Although my client spoke with the defendant, ..., repeatedly and explained the situation, urging him to vacate the shop by .../.../.../, the defendant stated, "I will not leave, do whatever you can." Therefore, we request that the defendant, ..., be evicted from the shop owned by my client, whose name and surname are ...

4- Furthermore, as a result of the lease agreement with the defendant, the defendant has failed to comply with the terms of the agreement and has regularly delayed the payment of rent. For the reasons stated above, it has become necessary to file an eviction lawsuit.

EVIDENCE: 1- Lease Agreement, and all other legal evidence.

LEGAL GROUNDS: Turkish Code of Obligations Article 350 vs. related legislation.

CONCLUSION AND REQUEST: For the reasons briefly explained above...

1- The defendant, residing as a tenant in the apartment located at … Neighborhood, … Street, No:…, … registered in the land registry as … Province, … District, … Neighborhood, … Block, … Sheet, … Parcel, is hereby evicted from this premises due to necessity

2- We respectfully request that the court order the opposing party to pay the court costs and attorney's fees.

…/…/…

Plaintiff's
Attorney's Name and
Surname

(Prepared by: Student Intern Simay ŞİRİN)