Eviction request
A.K.E.
Almaty, Alatau district, md., house 48, sq. 9.
+7 708 ...
from the Owner: O.Z.
IIN .
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 971 78 58; +7 708 971 78 58.
Eviction request
On August 3, 2023, an agreement for the purchase and sale of an apartment was signed between SHEKERBANK TURK ANONYMOUS SHIRKETI JSC and O. Z., located at the address: Almaty, Alatau district, mkr. A., house 48, sq. 9.
The specified agreement is the basis for registration of O.Z.'s ownership rights to the property he received in state bodies. On the basis of the apartment purchase and sale agreement, ownership of the property passed to Fr..
From the moment of registration of this agreement, you do not give the opportunity to move into the above apartment.
In accordance with Article 18 of the Law of the Republic of Kazakhstan "On Housing Relations", the owner of a dwelling has the right to freely own, use and dispose of it at his discretion. The right of ownership is a legally secured opportunity to exercise actual ownership of property.
In accordance with Article 188 of the Civil Code of the Republic of Kazakhstan, the right of ownership is the right of a subject recognized and protected by legislative acts to own, use and dispose of his property at his discretion. The owner has the right to own, use and dispose of his property. The right of ownership is a legally secured opportunity to exercise actual ownership of property.
According to paragraph 3 of Article 29 of the Law of the Republic of Kazakhstan "On Housing Relations", upon termination of ownership of a dwelling, the owner and all persons living in the withdrawn dwelling are subject to eviction without providing other housing. Article 260 of the Civil Code of the Republic of Kazakhstan stipulates that the owner has the right to claim his property from someone else's illegal possession.
By virtue of Articles 260,264 of the Civil Code, the owner has the right to claim his property from someone else's illegal possession. The owner has the right to demand the elimination of any violations of his right, even if these violations were not connected with the deprivation of possession.
According to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party. For property claims, the total amount of these expenses should not exceed ten percent of the satisfied portion of the claim. According to non-property requirements, the amount of expenses is collected within reasonable limits, but should not exceed three hundred monthly calculation indices.
It should also be noted that the owner of the apartment O.Z. has the right to demand in court the amount for the actual accommodation (rent). The monthly payment for accommodation will be 300,000 tenge.
152 and 279 of the Civil Procedure Code of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, stipulating that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff fails to comply with the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure is not lost and preserved.
On the grounds of the above, guided by Articles 260 and 264 of the Civil Code of the Republic of Kazakhstan,
Please:
By September 1, 2023, vacate the apartment or we will be forced to evict you by court order with the participation of bailiffs and law enforcement officers with the recovery of all court costs from you. Expenses for the bailiff and representative expenses of the plaintiff's representative in court in the amount of 500,000 tenge, and we reserve the right to collect rent for actual illegal residence in the amount of 300,000 tenge per month.
We hope for your mutual understanding.
With respect,
Representative by proxy: ____________/ Kenesbek I.M.
"_____"____________2023 G.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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