Tenancy Lawyer

As a tenancy lawyer in Mersin, I assist landlords and tenants in disputes over rent increases, rent determination, eviction, unpaid rent and the return of deposits, from mediation through enforcement proceedings to litigation. In tenancy disputes, time limits and procedural rules are decisive: a formal notice (ihtarname) sent too late, or an eviction undertaking drafted incorrectly, can mean that a right cannot be exercised for a whole year.

What Does a Tenancy Lawyer Help With?

• Drafting and reviewing lease agreements for residential and roofed commercial premises
• Disputes over the rate of rent increase and the rent determination lawsuit
• Tenant eviction lawsuits and eviction through enforcement proceedings
• Enforcement proceedings and debt claims for unpaid rent
• Return of the deposit (security deposit, güvence bedeli)
• Damage to the property on return and claims for compensation
• The mandatory mediation process in tenancy disputes

How Much Can the Rent Be Increased?

For residential and roofed commercial premises, the increase for a renewed rental period cannot exceed the rate of change in the twelve-month average of the consumer price index (CPI) for the previous rental year, even if the contract provides otherwise (Turkish Code of Obligations (TBK), Art. 344). Even if a higher rate is written in the contract, the part above this limit is invalid.

For leases longer than five years, and at the end of every five-year period, the new rent is set by the judge on an equitable basis, without applying the index limit, taking into account the condition of the property and comparable rents. This is why the rent determination lawsuit (kira tespit davası) is particularly important for long-term leases.

Rent Determination Lawsuit

If the parties cannot agree on the new rent, a rent determination lawsuit can be filed. If the lawsuit is filed no later than thirty days before the start of the new rental period, or if the tenant has been notified in writing within this period that the rent will be increased in the new period, the amount set by the court applies from the start of the new period. Otherwise, the amount set applies from the following rental period. For details, see the rent determination lawsuit page.

When Can a Tenant Be Evicted?

For residential and roofed commercial premises, a tenant can be evicted only on the grounds listed in the law:

• Non-payment of rent (default, temerrüt): If the rent is not paid within a period of at least thirty days given to the tenant, the contract can be terminated; eviction through enforcement proceedings can also be requested.
• Two justified notices: Written notices given because the rent was not paid twice within one rental year.
• Eviction undertaking (tahliye taahhüdü): A written undertaking to vacate given by the tenant after the property has been handed over.
• The need of the landlord or the landlord’s relatives for a home or business premises.
• A need for reconstruction or major renovation of the property.
• The need of a new owner: The need of an owner who acquired the property later.
• Expiry of the ten-year extension period: For residential and roofed commercial premises, at the end of the ten-year extension period the landlord can terminate the contract without giving a reason.

Each ground for eviction has its own time limits. For example, missing the time limits in claims based on need or on an eviction undertaking causes the contract to be extended for another year. Details: tenant eviction lawsuit.

Mandatory Mediation in Tenancy Disputes

In disputes arising from a tenancy (such as rent determination, eviction or debt claims), it is mandatory to apply to a mediator before filing a lawsuit. If an agreement is reached in mediation, the settlement document, once signed by the parties and their lawyers, can be treated as having the force of a court judgment (ilam niteliğinde belge). If no agreement is reached, the lawsuit is filed with the final mediation report. Enforcement proceedings for unpaid rent and eviction through enforcement proceedings, however, are not covered by mandatory mediation.

Unpaid Rent and Eviction Through Enforcement Proceedings

When the rent is not paid, the landlord can, without first filing a lawsuit, start proceedings at the enforcement office (icra dairesi) with a payment and eviction order (ödeme ve tahliye emri). If the tenant neither pays nor objects within the time limit, an eviction decision can be obtained from the enforcement court (icra mahkemesi). If there is a written eviction undertaking whose date has passed, eviction through enforcement proceedings can also be requested on the basis of that undertaking. The type of proceedings for unpaid rent and the applicable time limits must be chosen correctly.

Return of the Deposit (Security Deposit)

For residential and roofed commercial premises, the security deposit cannot exceed three months’ rent. A deposit given in cash must be placed in a time deposit account from which it cannot be withdrawn without the tenant’s consent. When the property is returned undamaged, the deposit must be refunded; if the landlord claims damage or an unpaid debt, the landlord must show this concretely. Documenting the condition of the property with photographs and a handover report at the time of return largely prevents these disputes.

How Are Tenancy Cases Handled in Mersin?

Lawsuits arising from a tenancy are heard by the civil courts of peace (sulh hukuk mahkemesi). If the property is in Mersin, the case is heard by the Mersin civil courts of peace; if it is in a district such as Tarsus, Erdemli, Silifke, Anamur or Mut, it can be heard by the relevant district court. The mandatory mediation application before the lawsuit is made to the mediation offices. Eviction through enforcement proceedings and proceedings for unpaid rent are started at the enforcement offices.

For landlords living outside Mersin, the process can be handled through an attorney; documents can be sent electronically and the case file is followed through UYAP, the National Judiciary Informatics System.

What to Look Out for When Signing a Lease Agreement

• The rent, the payment date and the method of payment should be stated clearly; payments should be made through a bank.
• The condition of the property at handover, fixtures and fittings, and meter readings should be documented in a handover report.
• It should be stated who pays the building service charges (aidat), taxes and repair costs.
• The eviction undertaking should be obtained in a separate document after the property has been handed over, not at the same time as the contract; otherwise it may be considered invalid.
• The amount of the security deposit and how it will be held should be written down.

Frequently Asked Questions

Get an Assessment of Your Tenancy Dispute

In a dispute over a rent increase, eviction, unpaid rent or a deposit, you can contact me through the contact page so that no time limits are missed and the right course of action is chosen.