Civil Court of First Instance
PLAINTIFF:
PLAINTIFF’S ATTORNEY:
DEFENDANT:
SUBJECT OF THE CASE: Request for eviction on the grounds that substantial repairs are required to the leased property.
FACTS: 1- The Defendant Tenant … resides as a tenant in the apartment located at ………… address in ……. district, ……. province, belonging to my client the Lessor … pursuant to the lease agreement dated ………. and pays a monthly rent of ………… TL.
2- Particularly in recent years, due to the earthquakes experienced in our country, the renewal of building permits has become an issue, and civil engineers have reported that additional iron supports need to be installed to reinforce the columns supporting the apartment in order to renew the permit for my client’s apartment.
3- Accordingly, approximately 1.5 months before the end of the contract period, my client sent an official notification dated ……… to the defendant tenant ……… through a notary public. The notary stated that “due to the mandatory repair of the leased property, the lease agreement will not be renewed for the new term and the tenant must vacate the leased property by ………, the date of termination of the agreement.” However, despite the notification and the expiration of the lease term, the defendant did not vacate the property. Indeed, my client has refused to accept the rent paid by the defendant for the last month, stating that the contract has not been renewed.
4- The property genuinely needs substantial repairs, and it is clear that it is impossible to reside in the apartment during the repairs. Indeed, we can prove this situation with reports prepared by construction engineers. However, despite the impossibility of residing in the leased property during major repairs, the tenant has not vacated the leased property. Therefore, it has become necessary to file this eviction lawsuit on the grounds that the leased property requires major repairs.
LEGAL BASIS:
EVIDENCE: Lease agreement dated ………, notice of default dated ……… issued by the ……… Notary Public, civil engineer reports, title deeds, witness statements, and other necessary legal evidence.
RESPONSE PERIOD:
CONCLUSION AND REQUEST: For the reasons stated above, I request that the lawsuit we have filed due to the need for substantial repairs to the leased property be accepted, that the defendant vacate the apartment located at the above address where he resides as a tenant, and that the defendant be ordered to pay the court costs and attorney’s fees.
Sincerely,
Attorney for the Plaintiff