Determination of Place of Payment in Turkish Law
Assignment of Place of Payment
What is the Place of Payment?
The term “Place of Payment” is used to determine the location where a debt or payment is to be made. This term often arises in the context of rent payments. The assignment of a place of payment refers to the court’s decision on where the tenant should make the rent payment.
When a tenant wants to pay the rent but does not know where to pay it or if the landlord refuses to accept the payments, this method is utilized. Peace Courts usually handle such cases and open an account at a state bank for the rent to be deposited. This ensures that the rent debt is considered paid, and the tenant fulfills their obligation this way.
Article 107 of the Turkish Civil Code states that if the creditor is in default, the debtor can free themselves from the debt by returning the item to be delivered, with the damage and costs borne by the creditor. The authority to determine the place of delivery belongs to the judge at the place of performance. However, commercial goods can be delivered to a warehouse without a judge’s decision. In this context, a landlord who cannot receive or returns rent payments can apply for an assignment of a place of payment against the landlord.
What are the Conditions for the Assignment of the Place of Payment?
To initiate the process of assigning a place of payment, certain conditions must be met:
Landlord Default: If the tenant wants to make rent payments but the landlord refuses to accept or receive the payments, the landlord falls into default.
Uncertainty Situation: If the tenant is unsure where to make rent payments, an application for the assignment of a place of payment can be made. For instance, the landlord may have closed their bank account or refused to accept the rent payments.
Rent Debt Due Date
How Should the Tenant Act to Avoid Default?
The tenant should submit a petition to the Peace Court requesting the assignment of a place of payment when they believe they are about to fall into default.
Who is the Plaintiff in the Assignment of Place of Payment Case?
Since the parties to the lease agreement are the parties to this case, the tenant is the plaintiff in this case. By initiating a legal process, the tenant takes steps to resolve disputes arising from the lease agreement.
Who is the Defendant in the Assignment of Place of Payment Case?
The landlord who is a party to the lease agreement is the property owner and is the defendant in this case. The landlord must take steps to either accept or reject the tenant’s request for the assignment of a place of payment.
Which Court is Responsible for the Assignment of the Place of Payment?
In applications for the assignment of a place of payment when the rent is not paid, the responsible court is the Peace Court. This court is responsible for resolving disputes arising from the lease agreement and making fair decisions.
Which Court is Authorized for the Assignment of the Place of Payment?
In applications for the assignment of a place of payment when the rent is not paid, the authorized court is the court of the place where the property is located. This court has legal jurisdiction over the region where the property is situated and has the authority to evaluate and decide on requests for the assignment of a place of payment.
What are the Costs and Duration of the Assignment of the Place of Payment Process?
A certain fee must be paid for the assignment of the place of payment case. This fee includes the application fee, attorney’s fee, and other necessary fees. Generally, it ranges from 20,000 – 25,000 TL.
The assignment of the place of payment case usually takes 1 to 3 months. However, the duration may vary depending on the complexity of the case, court workload, and other factors.
How to Appeal the Decision of the Assignment of the Place of Payment?
The court’s decision on the assignment of the place of payment can be appealed. In the appeal process, the case is reviewed, and a new evaluation is made by applying to the Regional Court of Justice.
Sample Petition for the Assignment of the Place of Payment
T.C.
ADANA
…. PEACE COURT
17/08/2024
PLAINTIFF:
DEFENDANT:
SUBJECT: Request for the assignment of the place of payment
EXPLANATIONS:
A lease agreement was signed with the defendant for the property located at (…..) with a start date of (….) and an annual rent of (….) TL. (ANNEX-1: Lease Agreement)
Rent increases are paid in accordance with the rate determined by the TEFE TÜFE index each year. However, the defendant’s refusal to accept and return my payments has become a constant issue. This indicates that the defendant is avoiding payment.
Article 107 of the Turkish Code of Obligations states that in case of creditor default, the debtor can free themselves from the debt by delivering the item, provided they pay the damage and expenses of the creditor.
Therefore, it is clear that the defendant deliberately refuses to accept payment. In this case, I request that my request for the assignment of a place of payment be accepted by the court. I am presenting the receipts supporting this situation as annexes. (ANNEX-2 and ANNEX-3: Receipts) I hope the Honorable Court will make a fair decision.
LEGAL REASONS: HMK, TBK.
LEGAL EVIDENCE: Lease Agreement, Rent Payment Receipts, Returned Receipts
RESULT AND REQUEST: For the reasons explained;
1-ACCEPTANCE OF THE CASE,
2-Decision on the assignment of a place of payment for the rent to be paid;
3-For the legal expenses and possible attorney fees to be borne by the defendant for causing this case to be filed maliciously;
I request a decision from the Honorable Court.
Plaintiff (Tenant)
Determination of Place of Payment in Turkish Law
