Contribution What does merchant tenant mean?
Contents
What does merchant tenant mean?
1. Whether the tenant is a merchant or a legal person 2. The rent is a workplace rent. Law No. 6353 m. In Article 53, it is stated that the determination of whether the tenant is a merchant will be made in accordance with the TCC (art. 12-17). TTK m. According to Article 12, the person who operates a commercial enterprise, albeit partially, on his own behalf is called a merchant. The work done is considered commercial work in accordance with Articles 4,5 and 21 of the Turkish Commercial Code, and commercial courts will be in charge of any dispute in this respect.
How does the shop owner evict the tenant?
The Tenant's Default in Paying the Rent Debt For workplaces with a roof, this period must be at least 30 days. If the tenant does not pay his debt at the end of this period, the lessor may request the eviction of the lessee through an eviction lawsuit to be filed in the Civil Court of Peace or through execution. As of 01 July 2012, Law No. 6570 was repealed. From now on, the Code of Obligations No. 6098 will be applied to all rental relations.
Can the owner of the workplace dismiss the tenant?
Evacuation Due to the Requirement of the Owner of the House or Workplace: If the house or workplace in question; The tenant can be evicted if necessary for the owner or for the owner's spouse, descendants, descendants or legal dependents.
Is the lease receivable subject to mediation?
Disputes arising from all kinds of rent receivables can be resolved through mediation. If both parties are commercial enterprises, the condition of litigation is within the scope of mediation and it is a legal obligation to apply to a mediator before filing a lawsuit.
Which commercial cases are within the scope of mediation?litigations arising from transfers, deposits and rights related to intellectual and artistic works that do not concern any commercial enterprise, and. In cases where there is an obligation to resort to arbitration or another alternative dispute resolution method in special laws or there is an arbitration agreement.
How long does the shop eviction lawsuit take?The time for the decision hearing, the writing of the reasoned decision and the approval of the judge in the eviction case is 30 days. When the explanations given above are evaluated together with the litigation stages described, the reasonable time determined for the conclusion of the eviction lawsuit is 451 days.
Is the Law No. 6570 on Real Estate Leases in force?
Law No. 6570 was repealed in accordance with the provisions of the Law No. 6101 on the Enforcement and Implementation of the Turkish Code of Obligations. ARTICLE 10 – The Law on Real Estate Leases dated 18/5/1955 and numbered 6570 has been repealed.
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