Supreme Court Ruled That 25% Rent Increase Is Unfair

One of the issues we have been discussing for a long time in Turkey is housing rents. In order to rein in prices in the face of rising inflation, the government 25 percent raise set the limit. However, this limit has not been decided for homeowners. As a result, the rental price of a vacant house in the same building and a house that currently has a tenant cliff It was happening.

This time, there was a very important development on the subject. From the case between a landlord and tenant in Eyüpsultan, Istanbul exemplary A decision was made. Istanbul Regional Court of Justice 54th Civil Chamber ruled that the 25 percent rent increase limit that it’s not fair ruled. It seems that the homeowners will take the court route with this precedent decision.

So what happened in this process?

According to the information obtained, the landlord who rented his house in 2019 did not agree to the 25 percent increase. Because other residences in the same building were rented at much higher prices. The local court hearing the case rejected the landlord’s request. refused. The reason for this was the legally determined limit of 25 percent. Thereupon, the homeowner appealed and succeeded in achieving his goal. Istanbul Regional Court of Justice 54th Civil Chamber, local court your decision to deterioration ruled.

The decision on the subject is as follows:

According to the characteristics of each concrete case, the current situation of the immovable property for which adaptation is requested should be taken into account, the rules to be applied by the local court in adaptation cases, are revealed one by one as specified, and all these data, the nature of the leased property, its usage area, its location, and The existence of events requiring the reorganization of payment principles due to above-normal zoning and trade changes that will also affect the rental money, comparable rental amounts, increases in taxes and depreciation expenses, sudden and extreme ups and downs in exchange rates, and serious economic crises or natural disasters that shook the country are investigated and evaluated. It was stated that since the decision should be made according to the result obtained by taking the report, an equitable decision should be made.