Arslan Law Firm

Tenancy law is a branch of law that deals with the disagreements between the lessor and the tenant.  It is included in the Turkish Code of Obligations as a subject, its range is quite wide. General provisions in code of obligations are divided into sections as residence and roofed workplace rents and usufructuary lease. Concretely, the most common disagreements are rents for residence and roofed workplaces.  As Arslan Law Firm, we have many files regarding tenancy law. The most common cases among these are;

 Lease determination lawsuit: These lawsuits are in question if the tenant and the lessor disagree on the increase in the rent. Normally, according to the law, the agreements of the parties regarding the rental price to be applied in the renewed lease periods are valid provided that the rate of change according to the twelve-month averages in the consumer price index in the previous lease year does not exceed. If this is not understood in the contract, the judge determines the increase, provided that it does not exceed the rate of change according to the twelve-month averages in the consumer price index of the previous rental year. However, in lease contracts with a term of more than 5 years, regardless of whether an agreement has been made or not, the rental fee to be applied in the new lease year is determined by the judge in an equitable manner, taking into account the change rate according to the twelve month averages in the consumer price index, the condition of the leased and the equivalent rental prices, known as the rule of right and destiny in practice.  The biggest mistake made by the lessors in here is that the increase rate is determined in the contracts that have not exceeded 5 years, and the judge is asked to determine the increase rate in accordance with the rights and destiny. In this case, the lawsuits are rejected as the increase rate will be determined according to the contract. In order to request an increase by showing the equivalent rental values, 5 years must pass in the contract.  

 

 Another type of lawsuit is evacuation cases which is divided into two as notification and litigation. In fixed term contracts, the contract is deemed to be extended for 1 year, unless the tenant notifies at least fifteen days before the end of the contract period. It means, in fixed term contracts the tenant may terminate the contract due to the expiry of the contract. However, the lessor can not terminate the contract before 10 years have passed. After 10 years, the lessor may terminate the contract without giving any reason, provided that the lessor notifies at least three months before the end of each extension year following this period. In indefinite term contracts, the tenant can always terminate the contract, and the lessor can terminate the contract after 10 years with a notice of termination according to general provisions. Termination notice periods in general provisions are determined for the end of the lease period determined in local custom for the lease or, in the absence of such a custom, for the end of the six month lease period, in accordance with the three month termination notice period. Lawsuits substituted in practice are rejected due to the fact that these periods are not calculated correctly. Therefore, it is necessary to be very careful at this point. Termination of the contract by lawsuit is divided into two as reasons arising from the lessor and the tenant. Reasons arising from the lessor are the need for rebuilding and the new owners necessity. In case of reconstruction zoning need, if the lessor is obliged to use himself, his wife, his descendant, or other dependents as per the law, due to the need for housing or workplace, the rented property must be repaired, expanded or changed for the purpose of reconstruction and if it is impossible to use the rented property during the works, it can be terminated at the end of the period in fixed term contracts, in accordance with the general provisions regarding lease in indefinite term contracts, the termination period and the terms stipulated for the termination notice can be terminated within a month starting from the date to be determined.  The important point here is to open the case by respecting the deadlines, and secondly it should be proven to the court that the requirement is sincere.  As we explained above, it is very important to calculate the 6 month and 3 month periods required for the termination notification. Again, the fact that there is a real need for the tenancy must be proven to the Court.  Termination through another lawsuit is the requirement of the new owner. Normally the new owner is bound by the contract.  However, if the new owner is obliged to use for himself, his spouse, descendant, other dependents as required by law, he may terminate the lease with a lawsuit to be filed six months later, provided that he notifies the tenant in writing within one month from the date of acquisition. Here, again proving the sincerity of the requirement and the time to file a lawsuit are important. In practice, the new owner usually notifies the tenant in writing within 1 month from the date of acquisition, but does not look at the fate of the notification sent by the notary or by mail, or does not check whether the notification has been duly made. It is obligatory that the notification to the opposing party must be made duly within 1 month specified here.

 

 Again, if the new owner wishes, he can use this right by waiting for the end of the contract period and by filing a lawsuit within 1 month starting from the end of this period.

 The reason for termination through another lawsuit is the reasons arising from the tenant. If the tenant has made a commitment to evacuate after the delivery of the leased property and has not evacuated the property on the promised date, the lessor may terminate the lease contract within one month from this date by applying for execution or filing a lawsuit.

 In addition, if the tenant caused two justified warnings in writing for not paying the rental fee, the lessor may terminate the lease within 1 month starting from the end of the lease term.

 

 In another possibility, if the tenant or his spouse has a suitable residence within the boundaries of the same district or town and the lessor does not know this at the time of the establishment of the lease, he may terminate the contract within a month starting from the end of the contract.

 As you can see, various disputes arise from lease agreements, and the law, unfortunately, does not have a very clear statement regarding the settlement of these disputes. Therefore, it would be very appropriate to work with a law firm for tenancy disputes.