MrMan

New Member
Aggressive Landlord wants to increase rent 146%
Hi all

Just want to share a current experience with a landlord attempting to increase the rent by 146%!

My elderly and retired Mother has been renting a 1+1 apartment for the past 5 years. Landlord has increased the rent by 100tl each year. Last year she never increased it out of goodwill because of Covid and we were very grateful. Mum currently pays 1500tl. Always on time and apartment is in top condition.

However, recently the landlord’s uncle called my mother and was very abusive and aggressive from the onset stating he / they will be increasing the rent to 3000tl. But out of goodwill he will only charge her 2200tl from October (tenancy renewal date). First, he said if she doesn’t agree, she will be out in 5 days. Then said If she doesn’t agree, he will take legal action and she will have to be out the apartment at the end of the tenancy date while she pays for all of his legal costs. He then follows up with some text's. His behaviour was strange as mum has always had a great relationship with him and the landlord.

I’m absolutely furious! They are trying to intimidate and scare an elderly woman into paying what they demand (which she can’t afford) or leave out of fear. I wonder if the landlord and her uncle know the law or not.

After doing some research online and on this forum, I can see what he is asking for is illegal and the maximum they can raise it to is 1718tl.

I’m heading over to turkey myself soon to deal with the matter as I don’t want to communicate with them while my mother is there on her own as I don’t know what they might try and do.

We are going to offer to pay 1750tl and tell them she will move out within 6 months from October until she finds a new place. As this would be part way through the new tenancy, I’m not sure if they will allow this so we want some assurance they won’t go after her for the remaining year’s rent. Plus, there is the risk of them withholding her deposit out of spite.

This is the 3rd time we have had issues with Landlords there.
1st one never gave deposit back, 2nd one sold the property after just 2 months of renting it to her and without her knowing!

Does anyone have any further advice please?

Thanks!
 
Last edited by a moderator:

Camden

Member
Aggressive Landlord wants to increase rent 146%
Whatever Important to keep paying rent with proof .. ibrahimAbi correct keep it in writing for proof ...

Normally tenancy law is in favor of the tenant in Turkey if taken to court 90% in tenants favor ( Yabanci maybe a little less unable to explain themselves ) If it went to court the magistrate will take into account the current rental price for the area to see if the rent met current rental prices, not a lot lower..

Though even after winning ...she may for peace of mind seek an alternative rental in her own time ( as some Turks could, not all make the tenancy uncomfortable so why have this hassle with aggressive bas***ds )


The Turkish law Owners are legally allowed to raise their tenants the maximum of 12.28 percent. The legal rent increase rate is calculated by taking the 12-month CPI average of the month following the expiry of the lease agreement, Homeowners normally cannot increase above this rate

Maybe she could show them the link ..as current , so they realise you know the law. it's in Turkish

current
News Login: Monday, January 18, 2021 10:23 Last Update:Monday, January 18, 2021 10:24 Source: TRT News Translation

How much will the rent increase? January 2021 rent increase rate…​


konutev-1475856_2.jpg
SUBSCRIBE google-news-button.png

What was the January 2021 rent increase rate? According to the December CPI rates announced by TURKSTAT, the rent increase rate has been determined. In January 2021, the rent increase rate is 12.28 percent. How much will the rent increase in January 2021? Rent increase rate January 2021...

According to the data of the Turkish Statistical Institute (TUIK), consumer prices increased by 12.28 percent and domestic producer prices increased by 12.18 percent as of December 2020, taking into account the 12-month averages.
Rents can be increased by 12.28 percent at most
According to the data of the Turkish Statistical Institute (TUIK), as of December, consumer prices increased by 12.28 percent compared to the twelve-month averages. Accordingly, the landlords will be able to legally raise their tenants by a maximum of 12.28 percent.

The Turkish Statistical Institute announced the December inflation figures at 10:00 today . Accordingly, inflation in December 2020 increased by 1.25% on a monthly basis. Inflation was 14.60 on an annual basis.

The Consumer Price Index (CPI) increased by 1.25% and the Domestic Producer Price Index (D-PPI) increased by 2.36 percent on a monthly basis in December 2020. Annual inflation was 14.60 percent in consumer prices and 25.15 percent in domestic producer prices.

According to the data of the Turkish Statistical Institute (TUIK), consumer prices increased by 12.28 percent and domestic producer prices increased by 12.18 percent as of December 2020, taking into account the 12-month averages.

On a monthly basis, CPI increased by 1.25% and D-PPI increased by 2.36 percent.

CPI increased by 14.60 percent and D-PPI increased by 25.15 percent in December 2020 compared to the same month of the previous year.

Annual inflation was above the target of 10.5 percent, which was foreseen in the New Economy Program (NEP) for last year.


The legal rent increase rate is calculated by taking the 12-month CPI average of the month following the expiry of the lease agreement . Homeowners cannot increase above this rate.

If the landlords raise a raise exceeding the legal rate, the tenant has the right to file a lawsuit against this situation.

With the New Code of Obligations, the issue of “to what extent the rent will increase” between landlords and tenant has made a legal obligation. Landlords can increase their rent at the rate of CPI every year.

If the parties cannot come to an agreement among themselves, they can apply to the court and request "rent determination".
( Yasal Kira Tespit)

good luck sorry for your mums predicament MrMan
 
Last edited:

Camden

Member
Aggressive Landlord wants to increase rent 146%

Kira Tespit


Lease Determination Litigation and Conditions translation

In the Turkish Code of Obligations, residential and roofed rents are separated from other lease agreements and subject to certain special conditions. It would not be wrong to say that the main purpose is to protect the tenant and to establish a legal relationship within the limits of equity, and rent increases and rental costs have been specifically and also subject to regulation. As discussed in detail below; The determination of the rental price is one of the issues that must be dealt with in terms of law and equity and has been regulated subject to certain conditions.

Generally

First and foremost, it should be noted that; In order to file a lawsuit with the demand to determine the rental price, there must already be a lease agreement between the parties. Although it is not obligatory to issue the rental agreement in writing in accordance with the provisions of the law, it should be noted that rental agreements made in writing will be more convenient at this stage in order to provide proof and a clear understanding of the claims and demands.

A rent determination lawsuit can be filed by both the tenant and the lessor, and the decisive criterion here is whether the person who filed the lawsuit has a legal interest in filing this lawsuit. In order to make the rent determination lawsuit to be opened more understandable, some sub-headings will be evaluated separately in terms of issues such as whether there is an agreement between the parties, the duration of the lease agreement, the currency to which the rental price is subject.

Basic Conditions Regarding Lease Determination Lawsuits;

If an agreement has been made between the parties regarding the rental price and the rental period is less than 5 years;


As stated in TCO article 344/f.1; An agreement can be made between the parties regarding the rental price and the rent increase rate can be freely determined by the parties, provided that it is not higher than the PPI increase rate of the previous rental year. Based on this rule, there is no legal benefit in filing a rent determination lawsuit in cases where there is an agreement regarding the rental price made within the legal limits. However, if an increase rate above the PPI increase rate has been agreed upon by the agreement between the parties, it may be requested that the rental price be determined within the legal limits by applying to the court.

If no agreement has been made between the parties and the rental period is less than 5 years;

Pursuant to article 344/f2 of the TCO, if an agreement has not been made between the parties regarding the increase in the rental price, the determination of the rental price may be requested by applying to the court. The rent increase rate will be determined by an examination by the court in terms of the condition of the immovable and precedent values. However, the court cannot make a completely independent assessment here; The increase rate to be determined cannot be determined above the PPI increase rate of the previous rental period.

Determination of price in lease agreements for more than five years or renewed after five years;

In lease agreements falling within this scope, regardless of whether there is an agreement between the parties, it is possible to apply to the court to determine the rental price. As stated in TBM m344/f.3, the rent increase rate in lease agreements opened with this request and with a duration of more than five years or renewed after five years will be determined by the court considering the condition of the immovable, comparable immovables, PPI increase rate, equity and other issues. , the court is not bound by the rate of increase in PPI for the previous rental period.

Rent determination cases in terms of lease agreements determined in foreign currency;

In the rental relationship established between the parties, it is possible to determine the rental price in foreign currency. However, in lease agreements where the rental amount is in foreign currency, the rent determination lawsuits to be filed regarding the rent increase rates are subject to different conditions. Namely; It is not possible to change the rental price before the expiry of the 5-year period in the lease agreements of this nature. Because this situation is clearly stated in TCO article 344/f.4, and an exception to the main rule is included in the continuation of the article. Although it cannot be requested to change the agreed rental prices in foreign currency within the first five years as a rule; “ Excessive Hardship ” regulated in TCO article 138Depending on the existence of the conditions, the determination of the rental price may be requested before the end of 5 years. In cases where the lease agreement has completed 5 years, it is possible to apply to the court for the determination of the rental price. The rate of increase in the rent subject to the lawsuit; The court will determine the status of the immovable property, comparable immovables, PPI increase rate, changes in the value of foreign currency, equity and other issues, and the court is not bound by the PPI increase rate of the previous rental period, either.

Competent and competent court;

Lawsuits for determination of rent are subject to the rule of final jurisdiction and are filed in the court of the place where the immovable is located. The courts in charge of dealing with these cases are the Civil Courts of Peace.

time to file a lawsuit;

Although the lawsuit to be filed regarding the determination of the rental price can be filed at any time during the rental period, filing this lawsuit within the periods specified in the law is effective in determining the rental period in which the price determined as a result of the lawsuit will be applied. Because, in accordance with Article 345 of the TCO, if this lawsuit is filed at least 30 days before the start of the new rental period and/or the lessor makes a written notification to the lessee that the rental price will be increased within this period, the rental price to be determined by the court is determined by the new rental period. effective from the beginning of the rental period.


in Turkish
 

Latest Posts

Top Bottom