One of the most common disputes in tenancy relationships is that the current rent has become too low or too high in relation to present-day economic conditions. Especially in leases that have continued for many years, a mismatch between the current market value of the property and the existing rent can lead to disagreements between the parties.

A rent determination lawsuit (kira tespit davası) is a legal process brought by the tenant or the landlord so that the rent payable for the property is determined by the court. The aim of this lawsuit is for the tenancy between the parties to continue at an up-to-date and equitable rent.

When Is the Rent Determined by the Court?

Setting the rent depends first of all on the agreement of the parties. However, a legal dispute may arise from the increase clauses in the lease agreement, or where the parties cannot agree on the rent for the new period.

In that case, a rent determination lawsuit may be needed to set the rent anew. In its assessment, the court looks not only at the current rent but also at the features of the property, the area where it is located, how it is used and the rents of similar properties.

Rent Determination Lawsuit After Five Years

One of the most frequently asked questions about rent determination lawsuits concerns the end of the five-year period. Under Article 344 of the Turkish Code of Obligations (TBK), different criteria apply to setting the rent in leases lasting longer than five years or renewed after five years.

At this stage, the court is not limited to the rate of rent increase; it sets an equitable rent by assessing together the change in the consumer price index, the current condition of the property and comparable rents (emsal kira bedelleri).

Why Are Comparable Rents Important?

One of the most important factors in rent determination lawsuits is comparable rents. The rents of properties with similar features in the same area may be taken into account by the court when it sets the new rent.

However, not every property has the same value. Many factors can affect the rental value, such as the age of the building, its location, the usable area, transport links, the floor it is on, its physical features and its intended use.

Can a Landlord File a Rent Determination Lawsuit?

Landlords can bring a rent determination lawsuit if they consider that the current rent is below the true value of the property.

Especially in tenancies that have continued for a long time without change, where a significant gap has opened between the rent levels in the area and the current rent, the court can be asked to set a new rent.

Can a Tenant File a Rent Determination Lawsuit?

A rent determination lawsuit is not a remedy available only to the landlord. Where the tenant considers that the current rent is excessive in breach of the law or the contract, the tenant can also examine the available legal remedies.

When assessing the rights of the parties, the content of the lease agreement, the legal limits and the circumstances of the specific case must be considered together.

How Does the Court Decide in a Rent Determination Lawsuit?

In rent determination lawsuits, the court assesses the documents submitted by the parties and the features of the property. Where necessary, an examination by a court-appointed expert (bilirkişi) is carried out to establish the true rental value of the property.

The court’s aim is not merely to set a mathematical rate of increase, but to arrive at a fair and balanced rent for the existing tenancy.

The Importance of the Filing Date in a Rent Determination Lawsuit

The date on which the lawsuit is filed matters for the question of from which period the rent will apply. Article 345 of the Turkish Code of Obligations contains provisions on when the lawsuit for setting the rent must be filed and on the effect of the judgment.

For this reason, it is not only filing the lawsuit that matters; the date on which it was filed and the notices given to the other party can also be important for the legal consequences.

The Importance of Preventive Law in Tenancy Disputes

Many problems in tenancy relationships arise because the necessary legal assessments were not made when the contract was drafted or at renewal.

Drafting the lease agreement correctly, having clear increase clauses and knowing the rights of the parties can help reduce disputes that may arise later.

The Legal Approach to Setting the Rent

Rent determination lawsuits are not simple processes aimed only at changing the amount of rent. A legal balance must be struck by assessing together the features of the property, the interests of the parties and the economic conditions.

For this reason, in rent determination processes it is important to review the contract, to research comparable rents correctly and to carry out a legal assessment suited to the specific case.