Eviction and Rent Increases in a Lease Relationship: General Information

In residential leases and leases of roofed workplaces, the rights and obligations of the parties are largely governed by the Turkish Code of Obligations. Ending a lease relationship, updating the rent on an annual basis, and the notices the parties send one another are among the most frequently encountered topics in practice. The explanations below are general information intended to introduce the basic concepts in this area.

Grounds for Eviction

Removing a tenant from a property must rest on grounds that are enumerated in a limited way in the law. As a rule, eviction is carried out by following specific procedures and, in most cases, through court proceedings. The principal situations encountered in practice include:

• A justified notice for non-payment of rent and the resulting eviction
• The landlord's need for a residence or workplace for themselves, their spouse, descendants, ascendants, or dependents
• Eviction for the purpose of reconstruction or substantial renovation of the property
• Eviction based on the need of a new owner
• A written undertaking by the tenant to vacate
• Late payment of rent in a manner that gives rise to two justified notices within one lease year

The law sets different time periods and formal requirements for each ground. For this reason, it matters which ground may be relied upon and under what conditions.

Rent-Increase Ceiling

For residential leases, the rent increase applied in renewed periods is subject by law to a defined upper limit. This limit may not exceed the rate of change determined according to the twelve-month averages of the consumer price index (CPI) realized in the preceding lease year. If the parties agree in the contract to an increase above this limit, the agreement produces no effect with respect to the portion exceeding the applicable rate.

In lease relationships lasting more than five years, and in situations that cannot be determined by reference to the index, the rent may be updated by applying to the court for a "rent determination." The judge makes this determination by considering criteria such as equity and comparable rent levels.

Notices and Formal Communications

Many rights in a lease relationship depend on giving a notice that complies with the proper form. A formal notice serves to convey a party's intention clearly to the other side and to make later proof easier. The main points observed in practice are:

• The notice being made in writing with clear content
• Service being carried out through a provable method (for example, via a notary)
• Observing the time periods prescribed by law
• Stating the basis and the intended result of the request in an understandable way

Failure to give a valid notice may lead to the rejection of the request asserted or to a lengthening of the process.

General Framework of the Process

In eviction and rent disputes, recourse to mediation before filing suit may arise for certain types of disputes. The type of contract, the nature of the leased property, and the circumstances of the parties directly affect the path to be followed. For this reason, each relationship should be assessed within its own conditions.

This article is provided for general information purposes only and does not constitute legal advice. In a specific dispute, rights and obligations should be assessed separately according to the particular features of the matter.