Rental law is the use of something and leaving it to the tenant to use and benefit from it, and the tenant undertakes the agreed rent in return.
Within the scope of our Rental Law Attorney service,
Within the scope of our rental agreement and Istanbul Rental Law Attorney service, the duty to deal with the cases related to the movable or immovable property subject to the agreement is the Civil Courts of Peace in accordance with the expression in Article 4 of the Law of Civil Courts..
As of the 5th year of the contract regarding the leased real estate within the scope of our Rental Law Attorney service, it may be possible to determine the rental price from the court in accordance with the Turkish Code of Obligations.
As a matter of fact, Turkish Code of Obligations m. ARTICLE 344 – Agreements of the parties regarding the rental price to be applied in the renewed rental periods are valid, provided that they do not exceed the change rate according to the twelve-month averages in the consumer price index in the previous rental year. This rule also applies to lease agreements for more than one year.
If an agreement has not been made by the parties on this matter, the rental price is determined by the judge on an equitable basis, taking into account the situation of the leased property, provided that it does not exceed the change rate according to the twelve-month averages in the consumer price index of the previous rental year.
Regardless of whether an agreement has been made by the parties on this matter, the rental price to be applied in the new rental year at the end of every five years and at the end of every five years, the rate of change according to the twelve-month averages in the consumer price index by the judge, the condition of the leased property and It is determined in an equitable manner by taking into consideration the precedent rental prices. The rental price determined in this way in the next five years may be changed according to the principles in the previous paragraphs. (one)
If the rental price is determined in foreign currency in the contract, no change can be made in the rental price until five years have passed, provided that the provisions of the Law on the Protection of the Value of Turkish Currency No. 1567 dated 20/2/1930 are reserved. However, the provision of Article 138 of this Law, titled “Excessive difficulty in performance”, is reserved. After five years, the provision of the third paragraph is applied, taking into account the changes in the value of the foreign currency, in the determination of the rental price. It is called.
In the Turkish legal system, the eviction of the tenant is regulated according to the limited number principle. According to Turkish law, the reasons for the eviction of the tenant are as follows;
In the lease agreement prepared through our Rental Law Attorney and Istanbul Rental Law service.
The owner may demand the eviction of the tenant by filing a lawsuit in the Authorized Civil Court of Peace within 6 months, citing his own needs.
The evacuation of the leased property may be requested for reconstruction and zoning purposes, but in case of new construction, the existing tenant has the priority right of use.
Apart from the lease agreement, if the Lessor receives a commitment to evacuate the real estate at the end of the contract period, an eviction request can be made against the tenant at the end of the contract period.
In order for the provisions of TCO Art.138 to be implemented, that is, to be able to file an adaptation lawsuit, first of all, the agreement must be drafted in a valid manner.
After the execution of the agreement, the occurrence of “extraordinary” events that cannot be predicted, considered or predicted by any of the parties,
The new conditions that emerged as a result of unforeseen circumstances made the performance of the act difficult and the debtor did not have any fault in this case,
The debtor’s fulfillment of the action without reserving its rights or not at all
There is an obligation to make an adaptation case within the scope of the Rental Law Attorney service.
All of the services we provide in the field of Istanbul Rental Law Attorney and Rental Law Attorney service include both the tenant and the landlord. It is possible for anyone who thinks that their rights have been violated and who have a request to claim what they are entitled to, by contacting us, can request consultancy or attorney service..
In the context of Rental Law, the rights of the landlord who have problems with the tenant and the tenants who have problems with the landlord are also protected by the law. Our duty is to carry out the necessary work to defend and reinstate these rights protected by the law. For this reason, it is possible for you to contact us with the request for termination of the rent or for the evacuation of the rent and you can receive consultancy services in this context. In this context, we do not have any restrictions on Turkish nationals or foreign individuals.
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