Determination of Tenancy
TC
JUDGMENT
6TH GOVERNMENT DEPARTMENT
E.2015/9980
K.2016/5837
T.1.12.2016
CASE :
The above dated and numbered decision of the local court regarding the determination of tenancy, negative assessment and compensation case has been appealed by the plaintiff within the time limit, and all documents in the file have been read, discussed and taken into consideration.
DECISION :
Lawsuit is related to the demand for the determination of tenancy, negative declaration and collection of the amount of the letter of guarantee converted into money. The court decided to dismiss the lawsuit and the decision was appealed by the plaintiff’s attorney.
The plaintiff’s lawyer stated that two separate lease agreements were signed between the parties on 01/02/2013 and the defendant notified that the lease agreement was terminated in accordance with the article ….. Within the scope of the agreement, it was stated that the unilateral termination was contrary to the law and legislation, compensation in the amount of the current year’s rent was demanded from his client in addition to the rent receivables, the letters of guarantee were cashed and 228.000 TL It was requested to determine the invalidity of the transaction regarding the termination of the contract, to cancel the demand for compensation as a penal clause and to recover 228.000 TL, which is the amount of the letter of guarantee converted into cash. .
The defendant lawyer stated that the plaintiff did not pay the rent, electricity, water and natural gas fees, for this reason, the lease agreement signed with the plaintiff, who did not duly carry out the operation despite the warning and did not fulfill his commitments arising from the contract, was terminated. and that the notices were terminated and the performance bond was recorded as revenue, the termination was justified and the rejection of the lawsuit was defended.
There is no dispute between the plaintiff and the defendant administration regarding the three-year lease agreement dated 01/02/2013, which was organized in accordance with the provisions of Law No. 2886. The place subject to the contract was leased to the plaintiff for rent. It is used as a cafeteria, kitchen and dining hall, tea room and photocopying area.
The article states …/…. that the lease agreement …/…. “The agreement may be terminated if the rent payment is delayed for the second time within one year despite the previous notice.” And …/…. “In the event that the lessee requests termination, ceases its activity before the end of the lease period, uses the leased premises for other purposes, does not fulfill its commitment in accordance with the provisions of the contract and specifications, or the operating license is canceled for any reason, if the lease agreement is terminated by the administration in accordance with Article 54 of the Revolving Fund Enterprises Tender Regulation, the performance bond is recorded as revenue and the current year’s rent is collected as compensation. ” regulations. Respondent administration unilaterally terminated the contract on the grounds that the rent and the electricity, water and natural gas fees due were not paid in accordance with the provision …..
The contractual clause was not paid. The plaintiff filed this lawsuit claiming that the termination was not in accordance with the law. According to the scope of the file, it is understood that the leased workplace is a place subject to the roofed workplace provisions of the Code of Obligations. One of the reasons for the termination of the lease agreement is the default of the lessee, and the form and conditions of the termination of the agreement in case of non-payment or late payment of the rent are regulated in Article 315 of the Law. Accordingly, the rent or ancillary expenses must be due, the rent and ancillary expenses must not be paid within the specified period, and it must be clearly stated in the notice that the contract will be terminated if the rent is not paid.
No payment is made within the specified period. The period to be given to the lessee is at least thirty days for residential and roofed workplace leases, at least sixty days for product leases, and at least ten days for other lease relationships. These conditions alone are not sufficient for the termination of the contract. In addition, the eviction request must be attached to a decision. In the concrete case, the lease agreements dated 01/02/2013 have not yet expired. Even if the conditions for filing an eviction case due to default are present, the contract cannot be said to be terminated unless an eviction decision is taken by court decision. While the lawsuit filed with the claim that the termination is unlawful should be examined and decided by taking this issue into consideration, it is not correct to make a written judgment on grounds that have no legal basis.
For this reason, the decision should be reversed.
CONCLUSION :
For the reasons explained above, it was unanimously decided on 1.12.2016 to accept the objections and to REVERSE the judgment pursuant to the provisional article pursuant to Article 428 of the Code of Civil Procedure. Law No. 6217 added to the Code of Civil Procedure No. 6100 with the Law No. 6217 and returning the prepaid appeal fee to the appellant upon request.
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