Although there are various solutions between the tenant and the landlord due to the fact that the landlord could not receive the rent within the specified time, the parties commit various acts that do not have legal rights when appropriate. Such an act constitutes the crime of rape to which the person has no right. Because the right of use of the leased property belongs to the lessee. You can review the sample Supreme Court Decision.
- Criminal Chamber
2014/6511 E.
2014/20124 K.
“Justice Text”
Communiqué 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: Rape where there is no right
It has been discussed and considered:
It is understood that the defendants prevented the complainant, who is a tenant, from benefiting by changing the doors and locks of the immovable in which the participant resides as a tenant, on the grounds that they could not receive the rent; to be acquitted with a written justification instead of their conviction, regardless of the fact that the crime of rape against the accused persons is proven,
As it is against the law, the appeal objections of the participating attorney were deemed appropriate in this respect, the provisions of the 8/1 of the Law No. 5320 for this reason. It was decided unanimously on 17.09.2014, pursuant to Article 321 of CMUK numbered 1412, which should be implemented in accordance with Article
