Lease agreements are legal texts that create mutual obligations between the lessee and the owner. However, rent disputes may arise due to changing conditions over time, economic fluctuations and disagreements of the parties. In this context, the most common types of lawsuits are eviction lawsuits and rent assessment lawsuits.
What are Eviction Proceedings?
Eviction lawsuits are lawsuits filed by the landlord to remove the tenant from the immovable property. These lawsuits, which can be filed under certain conditions within the framework of the Turkish Code of Obligations and related legislation, are subject to certain legal rules in order to protect the property rights of the owners and to prevent the tenants from being victimized.
Reasons for Filing an Eviction Case
An owner may bring an eviction action on one of the following grounds:
Expiration of the Lease Agreement: In fixed-term lease agreements, when the term expires, the owner may terminate the lease relationship.
Non-Payment of Rent: If the tenant fails to pay the rent, an eviction case can be filed after the notice is sent.
Eviction on the Grounds of Need: If it is proven that the owner or first-degree relative needs the immovable property, an eviction case can be filed.
Eviction Undertaking: If the tenant has given a written eviction undertaking and fails to vacate the premises on the specified date, the landlord may bring an eviction action.
Violation of the Intended Use: If the tenant uses the immovable property for purposes other than those specified in the contract, the owner may file an eviction lawsuit.
The Tenant or his/her Spouse is the Owner of the Dwelling: Especially in residential leases, if the tenant has another residence within the same municipal boundaries and unfairly occupies the existing residence, the owner may request eviction.
How Does the Eviction Process Work?
Eviction proceedings consist of certain stages:
Firstly, Sending a Warning Notice: In cases such as non-payment of rent, a notice must be sent to the tenant through a notary public.
Opening of the Lawsuit The owner files an eviction lawsuit in the civil court of peace.
Court Process: The evidence of the parties is examined and the court decides on release.
Eviction by Execution: If the tenant does not vacate the immovable property despite the court decision, the eviction process is carried out through the executive directorate.
As Atakan Ayhan Law Office, we are at your side with our expert team in eviction cases. You can contact us to get professional support in your legal processes.
What are Rent Determination Lawsuits?
Rent determination lawsuits are lawsuits filed to determine the rent according to the current market conditions. The tenant or landlord may file this lawsuit when they believe that the rent is not fair and in accordance with current market conditions.
Reasons for Filing a Rent Determination Lawsuit
Disputes over the determination of the rental price usually arise in the following situations:
Changes in Market Conditions: The rental price may need to be updated due to economic fluctuations.
No Provision in the Contract: If there is no provision on rent increase between the parties, a rent determination lawsuit can be filed.
Paying a rent that is too low or too high compared to the fair market value: If the rent is too low or too high compared to similar immovable properties, a new rent amount can be determined with a rent determination lawsuit.
Legal Process in Rent Determination Case
Filing of the Lawsuit The landlord or tenant files a lawsuit in the civil court of peace to determine the rent.
Expert Examination: The court may request an expert report to determine the current rental rates in the region where the immovable is located.
Court Decision The judge determines the new rent based on the expert report and evidence.
Implementation of the New Rental Price: When the decision is finalized, the new rental price becomes effective.
As Atakan Ayhan Law Office, we provide the best legal support to our clients in rent determination cases. We are with you in the process of determining the fair and current rent for you.
The Importance of Lawyer Support in Eviction and Rent Determination Cases
Lease law is a field with detailed legal regulations, and missteps can lead to major financial losses. For this reason, getting the support of a professional lawyer in eviction and rent determination cases accelerates the process and prevents loss of rights.
As Atakan Ayhan Law Office, we offer a wide range of services from eviction cases to rent determination cases with our expert team in the field of rent law. You can contact us to take the right steps in your legal process and get the best result.
