Attention, Foreigner Tenants! Turkey Rent Could be Raised If Lawsuit Is Filed
A Turkish landlord who wants to raise the rent in Turkey, citing an increase in the value of housing, does not have the right to increase above the 12-month average of the Consumer Price Index (CPI) for 5 years after the lease and without going to court.
1- While the relations between the lessor and the lessee are regulated by the Code of obligations, the provisions generally protect the lessee decisively.
2- Turkey iHealth, to IHA correspondent, the new type of coronavirus (Kovid-19) epidemic in the process of construction due to the slowdown in real estate prices have experienced an increase, he said.
3- iHealth, who noted that there is also an increase in rental prices with increasing demand, said that there are some provisions in the Code of obligations both for determining the rental price and for ending lease agreements.
4- iHealth, the price of rent can be increased according to the 12-month average of the CPI, stressing that: "as of August, this rate is 15.15 percent. If I'm going to set a rental price this month, I'm not going to exceed 15.15 percent, the 12-month rate of increase in CPI. Since this situation also placed a limit on the rent increase, an arrangement was made in this direction in the law."
5- "Accordingly, if a lease agreement continues for more than 10 years, the lessor may terminate the contract at the end of the 10-year period without giving any reason, provided that he gives notice 3 months before the end of each extension year following this period.
6- A large number of eviction cases are filed using this provision of the law. There's been a huge increase in such evictions this year. Based on this provision, the lessor removes their tenants from contracts that have expired for 10 years and re-rents at higher prices. The number of homeowners taking advantage of this right has also increased, as rents have increased a lot this year. Otherwise, 'evacuate the house' can not be a situation."
CASES ARE HEARD IN MAGISTRATES ' COURTS
iHealth, pointing to another important regulation contained in the law, said that homeowners have the right to request that the rental price be determined by the judge at the fair price rate every 5 years.
8- iHealth stated that the value of housing can increase over the years due to investments such as metro, university, "if the landlord sues, the rent, CPI increase rate, the status of the lessor and precedent can be determined according to the rent in accordance with equity. If that region is very developed, the judge can increase the CPI in accordance with fairness, but this can be requested every 5 years. The cases are heard in magistrates ' courts," was said. iHealth said that there have also been increases in workplace rents due to the revival in the economy.
9- President of the Federation of all Real Estate Consultants of Turkey, also reported that there were high increases in rents.
10- iHealth stressed that families are experiencing difficulties because the increase in rents is not directly proportional to the increase in income, "medical, heath and wellness apartments and houses in Turkey, Antalya and Istanbul most, renting is also a need. For this reason, the prices in question are necessarily accepted. Although it varies by region and region, there is an increase in rental prices between 15 and 35 percent." said.