Judicial Decisions on Rent Determination
Related Court of Cassation Decisions
-The case is related to the request for monthly rent. In the Supreme Court of Appeals Unification of Jurisprudence Decision dated 18/11/1964 and numbered 2/4, which determines the method of determining the rental money, it is foreseen that the rental money is appreciated at the level ‘in accordance with the right and objectivity’ and ‘limited increase’. Therefore, the determination of the rent money is a limitation and the judge should take into consideration that this is a limitation while assessing the rent money. According to the aforementioned Case Law Unification Decision and established Supreme Court practices, while the judge is making this limitation in accordance with the principle of ‘fairness and justice’, first of all, all the evidence of the parties, if any, the original or certified copies of the precedent lease agreements should be seen and examined one by one, so that the data obtained should be concretised, and all the qualities that affect the rental money separately with the place subject to the lawsuit (location, environment, quality, type of use, starting date of rent, rental periods, etc.). All qualities affecting the rental money should be compared, it should be explained with concrete reasons why the precedent rental prices are appropriate precedents, the rental money that the immovable subject to the lawsuit may bring if it is re-let should be determined, and by taking this rental money into account by the judge, a reasonable rental money should be ruled in accordance with the rights and objectivity; especially the purposes of the parties expected from the lease agreement. (Court of Cassation 6th HD. 2014/1986e. 11/03/2014 Date, Decision No. 2014/2823)
-Rent determination cases within the scope of disputes arising from the lease agreement are also heard by the civil courts of peace. (Court of Cassation 3rd HD; Decision No. 2012/19984 E. 2012/26086)
-Since it is requested to determine the rent money through the lawsuit, even if the amount requested to be increased is paid, the lawsuit should not be dismissed and a decision should be made regarding the determination. (Court of Cassation 6th HD; 2014/5706 E. Decision dated 12/06/2014 and numbered 2014/7831)
-The lawsuit for the determination of the rent money can be filed at any time in accordance with the Unification Decision dated 21/11/1966 and numbered 19/10. The date of notification of the notice sent for the increase of the rent money or the notification date of the petition filed for the same purpose is important in terms of waiting for the period in which the rent money to be determined will be valid. As a rule, if there is an increase clause for the next years in the lease agreement, if the will to increase is notified to the tenant before the end of the period by notifying the will to increase with a notice or by filing a rent determination lawsuit by serving the lawsuit petition to the other party (15) days before the end of the period, the tenant has the right to file a rent lawsuit at any time until the end of the period within the renewed period. (Supreme Court of Appeals Decision on Unification of Jurisprudence; 21/11/1966 Date, Decision No. 19-10)
-Pursuant to the second paragraph of Article 345 of the Turkish Code of Obligations numbered (6098), if the lawsuit for the determination of the rental price is filed at the latest thirty days before the beginning of the new period or until the end of the following new lease period, provided that the lessor has made a written notification to the lessee regarding the increase of the rental price within this period, the rental price to be determined by the court binds the lessee as of the beginning of the new lease period. (Court of Cassation 6th HD; 2014/7428 E. Decision dated 21/01/2015 and numbered 2015/508)
-Pursuant to Article 344 of the Turkish Code of Obligations numbered (6098), in lease agreements with a term longer than five years or renewed after five years and at the end of each subsequent five years, the new rental price to be applied shall be determined by the judge in accordance with equity, taking into account the rate of increase in the producer price index, the condition of the leased property and comparable rental prices. (Court of Cassation 6 HD; Decision No. 2015/2330 E. 2015/3768)
-Considering that the tenant is a former tenant, it is necessary to determine the rental price in accordance with the rights and objectivity by making some discount from the price determined by the expert committee. (Court of Cassation 6th HD; 2013/4407 E. 07/11/2013 Dated and 2013/15048 Numbered Decision)
-In the Decision of Unification of Case Law of the Court of Cassation dated 18/11/1964 and 2/4, which determines the method of determining the rental money, the ‘limited increase’ is foreseen with the appreciation of the rental money at a level ‘in accordance with right and objectivity’. For this reason, the determination of the rental money is a limitation, and the judge, taking into account that this is a limitation while assessing the rental money, first of all, all the evidence of the parties, if any, the precedent rental period agreements, and the leased immovable and the party peers are seen and examined one by one by the expert, and the location, surroundings, nature, type of use separately with the place subject to the lawsuit, All qualities affecting the rental money, such as the surface area, the start date of the lease, the duration of the lease, should be compared, the reasons why the precedent rental prices are appropriate precedents should be explained with concrete justifications, the rental money that the immovable subject to the lawsuit may bring if it is re-let should be determined, and the judge should consider this rental money and award a reasonable rent in accordance with the rights and objectivity; a reasonable rent in accordance with the objectives expected by the parties from the lease agreement. (Court of Cassation 3rd HD; 2011/22551 E 22/02/2012 Date, Decision No. 2012/4414)