The Evacuation Commitment Does Not Include a Specific Date
TC
judgment
12. LAW COURT
E. 2020/1175
K. 2020/2309
T. 9.3.2020
REMOVAL OF THE OBJECTION AND REMOVAL OF THE EVICTION REQUEST (TCO 352, Due to the fact that the commitment contained in the contract is an eviction commitment given while the rental relationship is ongoing, but there is no specific date included in the commitment, and the eviction date is not included in the eviction commitment in a specific way. in the sense sought in the article, the existence of an eviction commitment cannot be mentioned / It should be decided to dismiss the case for the specified reason.)
EVICTION COMMITMENT (The Absence of a Certain Date in the Eviction Commitment in the Lease Agreement /352 of the Law. since the existence of an Evacuation Commitment cannot be mentioned within the meaning of the article, the Evacuation Request will be Rejected)
THERE IS NO SPECIFIC DATE FOR THE EVICTION COMMITMENT (352 of the Collection Law. since it cannot be said that there is an Evacuation Commitment within the meaning of the article, the Evacuation Request Should be Rejected)
6098/m.352
2004/m.272-275
SUMMARY : The case is related to the cancellation of the objection and the request for eviction.
In the concrete case; There are lease agreements dated 01.02.2005 and 01.05.2012 between the parties, and the signature on the contracts was not Decried by the defendant, 1 of the agreement dated 01/05/2012. in the article, it is stated that the lease agreement concluded between the parties on Dec 01/02/2005 was concluded in order to extend the lease term, determine the new lease term and adapt it to changing conditions, 5.
In the article “The lease term has been decided as 3 + 2 years starting from 01.05.05.2012, and at the end of this period, the tenant will vacate the real estate unconditionally and hand it over to the lessor.” it is stated that the defendant has been in the rented real estate since this date according to the lease agreement dated 01/02/2005, that the commitment in question is an eviction commitment given while the lease relationship is ongoing, but the commitment does not include a specific date.
Since the release date is not clearly stated in the release commitment, 352 of the Turkish Code of Obligations. the existence of an evacuation commitment cannot be mentioned in the sense provided for in the article. In this case, the court of first instance should reject the case on the stated grounds and the District Court of Justice should reject the appeal on the merits.
CASE:
Upon the debtor’s request to review the decision of the District Court of Justice dated and numbered above, the file related to this issue was sent to the department, the report issued by the Examining Magistrate on the case file was listened to and all the documents in the file were read and reviewed, and the issue was discussed and decided:
DECISION :
Enforcement proceedings were initiated by the creditor without a decision based on the commitment to release, the debtor was notified of the evacuation order No. 14 example, the debtor, along with other objections, is subject to Article 352 of the Turkish Code of Obligations. he objected to the follow-up on the grounds that there was no release undertaking issued in accordance with article and the follow-up was stopped by the enforcement directorate, the creditor applied to the enforcement court and requested the removal of the objection and the release, the court; 272-275 of the OIC.
he has decided according to the provisions of the articles. 272-275 of the BIK, which concluded that in order for the tenant to be evicted at the end of the lease term, it must be from real estate that is not subject to the Lease Law No. 6570. in accordance with the provisions of the articles, upon the plaintiff-creditor’s appeal to the Regional Court of Justice against the decision of the court of first instance, it was decided to dismiss the case on the grounds that the real estate remains within the municipal boundaries; 5 of the agreement between the parties for a period of 3 + 2 years on Dec. 01.05.05.2012.
According to the article, it has been decided that the tenant will evict the real estate and hand it over to the tenant unconditionally and unconditionally at the end of the contract, and this provision is an eviction commitment aimed at unloading the rented one at the end of the lease term and forcing the eviction, since it is understood that the defendant was in the real estate on 01.05.05.2005, even if a new lease agreement dated 01.05.2012 is concluded, the eviction commitment subject to the case is valid due to the fact that the lease relationship continues (while sitting in the rented one) is in the nature of an eviction commitment given while the rental relationship continues (sitting in the rented one), since the defendant was in the real estate on 01.05.05.2012,
even if a new lease agreement is made, the eviction commitment subject to the lawsuit applies, it has been decided that the decision of the court of first instance will be lifted with the acceptance of the appeal application, the objection will be lifted and the eviction will be decided.
Despite the fact that other objections are not appropriate;
in the first paragraph of Article 352 of the Turkish Code of Obligations numbered 6098; “If the tenant has committed in writing to vacate the rented place on a certain date from the delivery date and has not vacated it despite this, the lessor may terminate the lease agreement by following up on enforcement or filing a lawsuit within one month from this date.”
In the concrete case; There are lease agreements dated 01.02.2005 and 01.05.2012 between the parties, the signature on the contracts is not denied by the defendant, the agreement dated 01/05/2012 is Dec. 1. in the article, the lease agreement concluded between the parties on Dec. 01/02/2005 was concluded with the aim of extending the lease term, determining the new lease term and adapting it to changing conditions, 5. in the article, “The lease term has been decided as 3 + 2 years starting from 01.05.05.2012, and at the end of this period, the tenant will vacate the real estate and hand it over to the lessor unconditionally.”
It is said that the defendant is located in real estate rented from this date according to the lease agreement dated 01/02/2005, the commitment in question is an eviction commitment given while the lease relationship is ongoing, but the commitment does not include a specific date.
Since the release date is not clearly stated in the release commitment, 352 of the Turkish Code of Obligations. in the sense of the article, the existence of an evacuation commitment cannot be mentioned.
In this case, while the court of first instance should decide to dismiss the case on the grounds explained, and the District Court of Justice should decide to reject the appeal application on the merits, it is not appropriate to establish a written judgment.
CONCLUSION : With the partial acceptance of the borrower’s appeal objections … District Court 36. The date of the Law Office is 18/10/2019 and 2018/487 E. – 2019/1823 K. rejection of the numbered decision for the reasons written above, amended by the Law No. 5311 364/2 of the OIK. article 373/2 of the CCP No. 6100, which must be applied by applying to the article. in accordance with the article, it was decided unanimously on 09.03.2020 that the fee paid in advance should be returned upon request and that the file should be sent to the Regional Court of Justice, which made the decision.
You can reach our other article samples and petition samples by clicking here.