Collection of Paid Rent Receivables
TC JUDICIARY
3. law office
Main: 2017/11871
The Verdict: 2017/8998
Decision Date: 05.06.2017
SUMMARY:
The plaintiff has initiated enforcement proceedings for the collection of unpaid ten-month rent receivables, claiming that the monthly rent paid is one thousand four hundred TL. Defendant stated during the trial that the monthly rental price was three hundred and fifty TL. The plaintiff has not been able to prove that the monthly rent is one thousand four hundred TL.
If the plaintiff cannot prove the monthly rental fee, the monthly rental fee declared by the defendant should be taken as the basis for calculating the amount you will receive. Paying payable amount In terms of the amount accepted by the defendant, the burden of proving that the debt has been paid belongs to the defendant and the payment could not be proved. In this case, the court should calculate the three hundred and fifty TL monthly rental price accepted by the defendant and decide on the determination and discretion of the amount to be followed up according to the result.
(4721 SK md. 6) (2004 SK md. 67)
After the cancellation of the appeal made between the parties and the eviction case trial, after the rejection of the case and the decision that the eviction was not subject to the appeal was filed by the plaintiff’s attorney within the time limit; after Decrees on the acceptance of the appeal petition, the document in the file was read and examined:
The plaintiff’s lawyer, between the plaintiff and the defendant, Dec. 1,400 per month.-Stating that there is an oral lease agreement on the TL rental price, the defendant’s objection to the enforcement proceedings initiated against the defendant after he did not pay the rental price is unfair, he requested the cancellation of the objection and eviction from the real estate.
The defendant’s lawyer, the rental price is 350 per month.-He defended the dismissal of the case by stating that it was TL and that the defendant had no debt.
The court concluded that the amount of receivables declared in the follow-up filed by the plaintiff on the basis of an oral lease agreement and the issues put forward in the lawsuit petition were not based on written evidence, and the defendant refuted the defendant’s claims with the defendant’s oath, since it was understood that the defendant’s objection to the follow-up file was in accordance with the procedure and the law, due to the plaintiff’s inability to prove that he would receive rent, it was decided to dismiss the case and that the plaintiff should pay the defendant a compensation for bad faith of at least 20%, and there was no room for an additional decision on the eviction request, and the verdict was appealed by the plaintiff’s attorney within its term.
As a rule, the burden of proving the existence of the rental relationship and the amount of the monthly rental fee falls on the plaintiff, and the burden of proving that the rental price accepted by the defendant has been paid falls on the defendant. According to the rental price requested by the plaintiff, the plaintiff will pay the rental price … 200 of the Law. in accordance with the provision of the article, he must prove it with a written document. Otherwise, the price declared by the defendant must be taken as a basis. Again, the defendant tenant stated that the rent arrears were paid under Article 200 of the Code of Civil Procedure. in accordance with the provision of the article, he must prove it with a written document.
In the concrete case; the plaintiff, the monthly rent is 1,400.-Claiming that it is TL, he initiated enforcement proceedings for the collection of the 10-month rent receivable between Dec 01.09.2012-Dec 01.06.2013. The defendant paid 350 of the monthly rent during the trial.- He declared that it was TL. Plaintiff, your monthly rent is 1,400.-He couldn’t prove that it was TL. If the plaintiff cannot prove the monthly rental fee, the monthly rental fee declared by the defendant should be taken as the basis for calculating the amount you will receive.
Paying payable amount In terms of the amount accepted by the defendant, the burden of proving that the debt has been paid belongs to the defendant and the payment could not be proved. In this case, 350, which the court accepted by the defendant.-TL should calculate the monthly rental fee and determine the amount you will be subject to tracking according to the result, while the defendant should make 6,000 in relation to the months before the months subject to tracking.-It is contrary to the procedure and the law to decide to dismiss the case in writing by accepting that the pay in TL amount belongs to the months subject to the follow-up and it should be overturned.
Conclusion For the reasons explained above, the provisional 3 added to the acceptance of appeals objections by Law No. 6217 and Law No. 6100. article 428 of the Code of Civil Procedure and Civil Procedure. in accordance with the article, a unanimous decision was made on 05.06.2017. The REJECTION of the judgment in favor of the plaintiff and the return of the pre-paid appeal fee to the plaintiff upon request shall be subject to provisional Article 3 of the Civil Procedure Law No. 6100. with reference to Article 440 of the Civil Procedure Law No. 1086. in accordance with the article, it was decided that the way to correct the decision should be open. (¤¤)
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