Attention those who pay the rent in cash! Precedent decision from the court – Last Minute Economic News

A dispute started between Uğur and Fatoş Kanık, a couple with one child, living in Düdenbaşı District of Antalya’s Kepez district, and Ramazan Y., the owner of the house they have been living in for 5 years, due to the rent increase.

Allegedly, the property owner Ramazan Y, who did not accept the 25 percent raise increase of the Kanık family, asked for the house to be evacuated.

Claiming that the landlord constantly disturbed them due to this dispute and tried to break in by breaking the door glass of their house, the Kanık family filed a criminal complaint to the prosecutor’s office.

Thereupon, the landlord Ramazan Y. initiated enforcement proceedings, claiming that he had not received payment from his tenant for 5 years. Since the Kanık family could not prove that they paid the rent in person, the court decided to evacuate the house and pay the rent of 60 thousand liras with legal interest.

“WE COULD NOT PROVE THAT WE PAID RENT”

Fatoş Kanık claimed that when they started living in the house in Düdenbaşı District, they agreed with the landlord to pay the rent in person.

Claiming that they started to have a disagreement with the landlord due to the rent increase in March last year, Kanık said, “The landlord, his wife, his daughter and his sons-in-law raided our house. We filed a complaint thereupon. After a while after our complaint, the landlord issued a warning to the notary and initiated enforcement proceedings. We confirmed that we had paid the rent.” We couldn’t prove it.” said.

Fatoş Kanık said, “The property owner claimed that we have been living in his house for 5 years without renting. Two hearings were held in the enforcement court. The court did not ask the other party, ‘Why did you not receive rent for 5 years, why did you not file an enforcement action to evict the house in the first year?’ Neither our opinion was taken nor We were asked whether we had paid the rent. The court gave us an eviction order. We evacuated the house. We were also ordered to pay 60 thousand liras for the rent we paid. They are now demanding us again, saying that we did not receive the money they received. We’re at an impasse.” he said.

Kanık advised tenants to make the payments made to the landlord with explanations from the bank.

Uğur Kanık claimed that they were attacked, that he was injured due to a glass cut on his finger, and that they were also victimized by the demand for the rent they paid again.

“THERE IS NO DEBT, WE WILL FILE A LAWSUIT”

Şafak Baysal, the lawyer of the Kanık family, said that the landlord Ramazan Y, his wife RY, and his daughter G. Ö. He stated that they filed a criminal complaint against him and his sons-in-law and that the case was ongoing.

Stating that his clients faced enforcement shock while this process continued, Baysal continued as follows:

“After 3-4 months after our criminal complaint, the landlord initiated enforcement proceedings on the grounds that ‘They did not pay any rent for a period of 5 years from 2018 to 2023′. The eviction took place because my client could not prove the payment in person. A debt obligation of 60 thousand lira with legal interest “My clients’ main problem with the landlord was not the rent debt, but the fact that the rent increase was not appreciated by the landlord. In the face of this situation, we will resort to the no-debt case, which we call a negative declaratory case.”

HE ALLEGED THAT HIS WIFE WAS BEAT BY THE TENANT

Landlord Ramazan Y. claimed that his tenant Uğur Kanık beat his wife and damaged the doors and windows while evacuating the house.

Ramazan Y, who did not accept that he received the rent in cash, noted that the court decided to pay the 5-year rent to him.

The moments of the argument between the landlord and the tenant were recorded by the security camera. The footage presented to the court shows people coming to the door of the tenant’s apartment and hitting the glass with a hard object.