Author: Att. Ahmet Bertuğ Dönmez Date: 18 September 20261 min read
How much rent can be increased each year is the most common dispute between tenants and landlords. Residential and roofed commercial leases are governed by Turkish Code of Obligations No. 6098 (TBK).
The annual limit
Agreements on the rent for the renewed lease year are valid provided they do not exceed the change in the twelve-month average of the consumer price index for the previous lease year (TBK Art. 344/1). Even if the contract states a higher rate, the part exceeding this limit is invalid.
If the parties have not agreed on an increase, the judge sets the rent within the same limit, taking the condition of the property into account (Art. 344/2).
After five years
In leases longer than five years or renewed after five years, at the end of every five years the judge sets the rent for the new lease year on an equitable basis, considering the change in CPI, the condition of the property and comparable rents (Art. 344/3).
When should a rent determination case be filed?
A case to determine the rent can be filed at any time. However, if it is filed, or the tenant is notified in writing, at least thirty days before the new lease period begins, the rent set by the court applies from the start of the new period (Art. 345).
Mediation is mandatory before filing a rent determination case (Law No. 6325, Art. 18/B).
Sources
- Turkish Code of Obligations No. 6098, Arts. 344, 345
- Mediation in Civil Disputes Law No. 6325, Art. 18/B
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