Despite the existence of various solutions between the tenant and the landlord in cases where the landlord is unable to collect rent within the specified period, the parties engage in various actions that are not legally justified in appropriate circumstances. Such an action constitutes the crime of trespass, which is not the person’s right. This is because the right to use the rented property belongs to the tenant. You can review an example of a Supreme Court Decision.
Criminal Chamber
2014/6511 E.
2014/20124 K.
“Text of Justice”
Notification No: 8 – 2013/217169
COURT: Istanbul 45th Criminal Court of First Instance
DATE: 12/06/2012
NUMBER: 2011/1075 (E) and 2012/746 (F)
CRIME: Unlawful trespass
The subject was discussed and evaluated:
It is understood that the defendants prevented the plaintiff, who was a tenant, from benefiting from his right to receive rental income by changing the doors and locks of the immovable property where the plaintiff resided as a tenant; although the defendants’ crime of trespass has been proven, they should be acquitted with a written justification instead of being convicted.
Because it was contrary to the law, the relevant lawyer’s objections were deemed appropriate in this regard, and therefore the provisions of Article 8/1 of Law No. 5320 were applied. On 09.17.2014, it was unanimously decided to apply it in accordance with Article 321 of the Code of Criminal Procedure No. 1412, in accordance with the relevant article.