Tenancy & Home
Legal Limits on Rent Increases: The Basics
How is the annual increase on residential rents determined? An overview of the legal cap and the points to keep in mind.
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Practice Areas
Real Estate Law
Legal support is provided in property sales and purchases, title deed procedures, lease relations, and zoning and urban transformation processes.
The aim is to secure ownership relations and to assess potential disputes in advance.
Services in This Area
- Drafting property sale and purchase agreements and support with title deed procedures
- Preparation of lease agreements and disputes arising from tenancy relations
- Rent determination and rent adaptation actions
- Eviction proceedings, including those based on written eviction undertakings
- Actions for the annulment and re-registration of title deeds
- Actions for the dissolution of co-ownership (partition proceedings)
- Disputes arising from urban transformation and zoning practices
- Construction-in-return-for-land-share agreements and disputes with contractors
What Does Real Estate Law Cover?
Real estate law covers the acquisition, transfer and use of immovable property and the disputes arising from them, within the framework of the Turkish Civil Code provisions on ownership and the land registry and the Turkish Code of Obligations provisions on leases. Sales and purchases, mortgages, registry annotations, easements, and zoning and urban transformation processes are among its principal subjects.
Residential and roofed workplace leases are separately governed by mandatory tenant-protective provisions. Information and representation are provided to both landlords and tenants on matters such as rent determination, increase rates, grounds for eviction and deposits.
How Are Rent Disputes Resolved in Turkey?
Since 1 September 2023, applying to a mediator before filing suit has been a procedural precondition for disputes arising from tenancy relations, with the exception of eviction through enforcement proceedings without judgment. Rent disputes not settled at mediation are, as a rule, heard before the civil courts of peace.
A rent determination action seeks to have the rent fixed by reference to comparable properties; in tenancies exceeding five years, the judge may set the rent equitably, having regard to comparable rents and the condition of the property, without being bound by the consumer price index. Eviction actions rest on grounds listed in statute, such as the landlord's need, two justified notices, or a written eviction undertaking, each subject to its own procedural requirements.
Why Does Early Legal Support Matter in Property Transactions?
Examining the land registry record before a purchase, identifying mortgages, attachments, annotations and declarations, and assessing the zoning status all contribute to preventing later title annulment and re-registration actions. Compliance with formal requirements in preliminary sale agreements and construction-for-land-share agreements is likewise decisive for validity.
In urban transformation processes, objections to risky-building designations, the lawfulness of decisions taken by the statutory majority and disagreements among co-owners may arise. Legal support is provided at every stage of these processes so that rights are not forfeited.
Frequently Asked Questions
- When can a rent determination action be filed?
- A rent determination action may be filed at any time; however, for the new rent to apply in the upcoming lease period, the action must as a rule be filed, or written notice given to the tenant, no later than thirty days before that period begins. In tenancies exceeding five years, the judge may set the rent by reference to comparable properties without being bound by the index rate. The outcome depends on the specific circumstances of the property and the tenancy.
- On what grounds can a landlord evict a tenant in Turkey?
- Grounds listed in statute, such as the landlord's or their close relatives' need for the dwelling or workplace, a written eviction undertaking, two justified notices within one lease year, and reconstruction or substantial renovation, may support an eviction action. In addition, at the end of the ten-year extension period the landlord may terminate the lease without cause, subject to the statutory notice periods. As each ground carries its own procedural and time requirements, the specific situation needs separate assessment.
- When is a title deed annulment and re-registration action brought?
- Such an action arises where the land registry record was created unlawfully, for example through forgery, lack of capacity, simulated transactions by a deceased person (muris muvazaası) or abuse of a power of attorney. The action is heard before the civil court of first instance where the property is located. As time limits and standards of proof vary with the basis of the claim, each matter is assessed on its own facts.
- Is mediation mandatory in rent disputes?
- As of 1 September 2023, applying to a mediator before filing suit is a procedural precondition in disputes arising from tenancy relations, except for eviction through enforcement proceedings without judgment. Rent determination and eviction actions fall within this scope. If no settlement is reached at mediation, the matter proceeds to court.
These answers are for general information only and do not constitute legal advice. For an assessment of your specific situation, please consult a lawyer.
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