دعوی تخلیه به لحاظ احتیاج شخصی

الف – اگر مورد اجاره محل كسب و پیشه باشد : این گونه دعوی اغلب در خصوص دعوی تخلیه اماكن كسب و پیشه (مغازه ها) قابلیت طرح دارد شیوه بدین شكل است كه موجر با تقدیم دادخواست ، الزام مستأجر به تخلیه و تحویل مورد اجاره را به دلیل نیاز شخصی از محضر دادگاه تقاضا می نماید . دادگاه پس از معاینه محل و استماع شهادت شهود و تنظیم صورت مجلس ، قرار ارجاع امر به كارشناس را صادر تا نسبت به ارزیابی حق كسب و پیشه واعلام نظر اقدام كند . پس از ابلاغ نظر كارشناس به طرفین دعوی (موجر و مستأجر) به استناد 28 قانون روابط موجر و مستأجر مصوب 1356 حكم مبنی بر تخلیه مغازه با احتساب حق كسب و پیشه و تجارت صادر می گردد .

مؤجر مكلف است ظرف سه ماه از تاریخ ابلاغ حكم قطعی مبلغ معینه بابت حق كسب و پیشه را به صندوق دادگستری تودیع و یا ترتیب پرداخت آن را به مستأجر بدهد والا حكم صادره بی اثر تلقی می شود . فرم 5 نمونه دادخواست دعوی تخلیه امأكن تجاری به لحاظ احتیاج شخصی را نشان می دهد.

ب – اگرمورد اجاره محل مسكونی باشد : موجر با تقدیم دادخواست مبنی بر الزام مستأجر به تخلیه و تحویل مورد اجاره به دلیل نیاز شخصی و با ذكر دلایل شخصی و ضمیمه كردن مدارك دال براین نیاز به دادگاه تقاضای تخلیه محل مسكونی را می نماید . مشروط بر اینكه مدت اجاره پایان یافته و دلیل نیاز شخصی قانع كننده و مقرون به صحت باشد.

منبع : melkban24.ir

مطالب مرتبط

  • 65
    آیا تا به حال برایتان پیش آمده است که در یک اتاق احساس آرامش کنید یا حس کنید که فلان کافه دنج است اما آن یکی زیاد آرام و راحت نیست.یا در بعضی خانه ها و ادارات احساس سنگین بودن فضا به شما حالتی از رسمی بودن و تجمل القا…
  • 61
    برای توضیح این بحث که صد البته بسیار گسترده هم می باشد، ابتدا با پرسش یک مشاور که به تازگی فعالیت خود را در این صنف آغاز کرده شروع می کنیم. پرسش : به مدت دو ماه است در صنف مشاورین املاک فعال هستم ولی درآمدی ندارم. برای رسیدن به…
  • 57
    یک نمونه قرارداد پیش خرید آپارتمان نیمه کاره را در این مطلب خدمت شما تقدیم میکنیم. 1- فروشنده: نام .................. نام خانوادگي .................. فرزند .................. داراي شناسنامه .................. صادره از ..................به نشاني: ................................................................................................................. 2- خريدار: نام .................. نام خانوادگي .................. فرزند .................. داراي شناسنامه .................. صادره از .................. به نشاني:…
  • 56
    سوال : سلام خسته نباشید سوالی داشتم در مورد این که اگر مستاجر مسکونی با قرارداد یکساله اجاره آپارتمان خود را سه ماه از ابتدای قرارداد خود تاکنون پرداخت نکند مالک میتواند از طریق قضایی برای وی حکم تخلیه بگیرد اگر بعد از شکواییه قضایی مستاجر ملزم به پرداخت اجاره…
  • 56
    در این مبحث به بررسی عقد اجاره و حقوق و تكالیف موجر و مستاجر میپردازیم: تقریبا اكثر افراد جامعه با اجاره و اجاره نشینی آشنا هستند و یا حداقل یك بار خود موجر یا مستاجر بوده اند بویژه در شهرهای بزرگ به علت گرانی مسكن بیشتر افراد امكان تهیه مسكن…

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