Judicial Decisions on Rent Determination
DECISIONS OF THE RELEVANT JUDICIAL COURT
-The case is related to the monthly rental fee request. In the decision of the Court of Cassation Case Law Consolidation Decision dated 18/11/1964 and numbered 2/4, it was stipulated that the rental price should be assessed at the level of “in accordance with rights and objectivity” and “limited increase” while determining the determination procedure of the rental price. For this reason, the determination of the rental price is a limitation, and the judge should take into account that this is a limitation when evaluating the rental price.
According to the above-mentioned Case Law Consolidation Decision and established Supreme Court case law, while the judge makes this limitation in accordance with the principle of “fairness and fairness”, first of all, all the evidence, if any, of the parties, the original or approved examples of precedent lease agreements should be viewed and examined individually, so that the data obtained should be embodied,
all the qualities affecting the place and the rental price (location, environment, quality, mode of use, start date of the lease, lease periods, etc.) of the parties should be viewed separately.) should be evaluated. All the qualities affecting the rental price should be compared, why the precedent rental prices are appropriate precedents should be explained on concrete grounds, the rental price that the real estate subject to litigation can bring if it is re-leased should be determined, and a reasonable rental price should be ruled by the judge within the framework of rights and objectivity, taking into account this rental price; especially in accordance with the purposes expected from the parties’ rental agreement. (Supreme Court 6.HD. 2014/1986e. Decision No.: 2014/2823 Dated 11/03/2014)
-Rent determination cases within the scope of disputes arising from the lease agreement are also heard in the civil courts of peace. (Supreme Court 3. HD; Decision No: 2012/19984 E. 2012/26086)
– Since the determination of the rental price is requested through litigation, the case should not be rejected and a decision should be made regarding the determination, even if the amount requested to be increased has been paid. (Supreme Court 6.HD; 2014/5706 E. decision dated 12/06/2014 and numbered 2014/7831)
-The case for the determination of the rental price may be filed at any time in accordance with the Unification Decision dated 21/11/1966 and numbered 19/10. The notification date of the notification of the notification sent to increase the rental price or the notification date of the lawsuit filed for the same purpose is important in terms of waiting for the period in which the rental price to be determined will be valid.
As a rule, if there is an increase provision in the lease agreement for future years, if the tenant is notified of the request to increase before the end of the term or notified to the other party (15) days before the end of the term by filing a lawsuit to determine the rental price, the tenant always has the right to file a rental lawsuit until the end of the term during the renewed period. (Court of Cassation Case Law Unification Decision; Date 21/11/1966, K. No. 19-10)
– in accordance with the second paragraph of Article 345 of the Turkish Code of Obligations numbered (6098), if the case for determining the rental price has been filed no later than thirty days before the beginning of the new period or until the end of the following new rental period, the rental price to be determined by the court binds the tenant from the beginning of the new rental period, provided that the lessor notifies the tenant in writing of the increase in the rental price during this period. (Supreme Court 6. HD; 2014/7428 E. Decision dated 21/01/2015 and numbered 2015/508)
– in accordance with Article 344 of the Turkish Code of Obligations (6098), in lease agreements for a period longer than five years or renewed after five years and at the end of each subsequent five years, the new rental price to be applied is determined by the judge in accordance with equity, taking into account the rate of increase in the producer price index, the situation of the leased and precedent rental prices. (Court of Cassation 6 HD, Decision No: 2015/2330 E. 2015/3768)
-Considering that the tenant is a former tenant, it is necessary to determine the rental price within the framework of rights and objectivity by making a certain discount from the price determined by the expert committee. (Supreme Court 6.HD; 2013/4407 E. decision dated 07/11/2013 and numbered 2013/15048)
-In the Case Law Consolidation Decision of the General Assembly of Civil Chambers of the Supreme Court of Appeals dated 18/11/1964 and numbered 2/4, the procedure for determining the rental price was regulated and a “limited increase” was envisaged by increasing the value of the rental price at a level “appropriate to justice and objectivity”.
Therefore, the determination of the rental price is a limitation, and the judge, considering that this is a limitation when evaluating the rental price, should first compare all the evidence of the parties, if any, precedent lease term agreements, leased real estate and party precedents individually by an expert, comparing all the qualities affecting the rental price, such as the area, the starting date of the lease, the rental period, the location, the environment, the type of use separately with the place subject to litigation, the reasons for precedent rental prices to set a precedent should be explained on concrete grounds,
the rental price that the real estate subject to litigation may bring if it is re-leased should be determined, and the judge should rule on a reasonable rental price in accordance with justice and equity, taking into account this rental price; a reasonable rental price in accordance with the purposes expected by the parties from the rental agreement. (Supreme Court 3.HD; 2011/22551 E Date 22/02/2012, Decision No: 2012/4414)
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