A rent determination lawsuit is a type of lawsuit filed by the tenant or lessor. This case is used to request redetermination of the rental price. Here is some important information about the rent determination case: What is Rent Determination? A rent determination lawsuit is filed in cases where a rent increase or decrease is requested. Although a rent increase is usually requested, this lawsuit can also be filed by the tenant when the legal limits of the rent are exceeded. What are the Case Conditions? There must be a valid lease agreement between the parties. Even if the contract…
Author: Av. İlyas ÇETİN
In Turkey, the rights of the tenant and the landlord are regulated under the Turkish Code of Obligations, and the lease agreement imposes both debt and responsibility on both parties. Here are some basic rights of tenant and landlord: Tenant’s rights The rights of the tenant include the basic rights to use the property in accordance with the lease agreement, live in a safe environment and respect privacy. Here are some important rights that the tenant has: Requesting a Discount in the Rental Price: If an extraordinary situation occurs that is not caused by the fault of the tenant (for…
The monetary limits applied in the Turkish judicial system in 2024 affect issues such as determining the judicial remedy that can be applied, whether a single judge or a panel will hear the hearing, the stages of the trial and whether the decision will be final. Monetary limits applied according to the revaluation rate of 58.46% for the monetary limits to be applied in cases in 2024: Monetary Limits in Labor Courts, Civil Courts of First Instance, Commercial Courts of First Instance, Civil Courts of Peace, Consumer Courts: Limit of Proof Obligation in Promissory Note (HMK art.230, 231) 23.450 ₺…
What are the Decisions That Cannot Be Implemented Before They Are Finalized? Finalization of the decision means that the court decision has reached a final state that can no longer be changed through appeal. A court decision becomes final unless the parties object to this decision. If the decision is appealed, it may need to be reviewed and approved by the Supreme Court and/or the Appeal. A final decision becomes enforceable by the relevant parties, and this is done by applying to the enforcement office that ensures the implementation of the court decision. In general, court decisions must be final…
What is Severance Pay? Severance pay in law in Turkey is the financial compensation that the worker will receive in return for the “seniority” he has accumulated during his time at the workplace. While the worker contributes to his job and workplace for years, he contributes to the conduct of the employer’s commercial business. Severance pay is paid taking into account the employee’s last gross wage. Some conditions are stipulated for the worker to receive severance pay: Worker: According to the Labor Law, a person who works at an employer’s workplace with an employment contract is called a worker. The…
Sale of Real Estate through Notaries in Turkey…Real estate sales transactions organized by notaries are carried out in accordance with the procedures and principles determined by the regulation published in the Official Gazette dated January 11, 2023. This regulation includes the procedures required for notaries to prepare real estate sales contracts and covers applications to be made through the e-Devlet portal, review of relevant documents and issuance of the contract. Application Process: Applications for the preparation of a real estate sales contract are made using the “e-appointment” application of the Notaries Association of Turkey via the e-Devlet portal. During the…
Service determination case is a case filed to protect the social security rights of employees in Turkey and is one of the important issues of working life. This case is of great importance, especially for employees who work unregistered or whose social security rights are not fully provided. What is a Service Detection Case in Turkey? A service determination case is a case that aims to officially determine a worker’s work and recognize his social security rights. This lawsuit is filed in cases where the employee has not been notified to the Turkey Social Security Institution (SGK) by the employer…
The upper limit on residential rents aims to protect tenants from excessive rent increases by limiting rent increase rates for a certain period, taking into account economic fluctuations and market conditions. The following regulations regarding residential rents were made in the Turkish Code of Obligations No. 6098; Provisional Article 1- (Added: 8/6/2022-7409/4 art.) In terms of residential rents, agreements regarding the rental fee to be applied in the renewed rental periods between the date of entry into force of this article and 1/7/2023 (including this date), It is valid provided that it does not exceed twenty-five percent of the rental…
Title deed cancellation case in Turkish law… Title deed cancellation and registration cases have an important place in the field of real estate law in Turkey. This type of lawsuit is filed with the aim of canceling the transactions in the land registry that do not reflect the real rights status and making the registration legal by correcting the registration according to the real rights status in accordance with the law. What is a Deed Cancellation Case? The title deed annulment case is related to the ownership right of the immovable property and cannot be enforced until the court decision…
How to file a divorce case in Turkish law? The process of filing for divorce in Turkey is carried out by following certain steps. Here is a brief expression of this process: Determination of the Reasons for Divorce: Before starting the divorce case, the reasons for the divorce must be clearly determined. These reasons determine whether the case will be consensual or contested. While there is agreement between the spouses for a consensual divorce, there are disagreements in a contested divorce. General reasons for divorce are not clearly stated in the law, but are based on the disruption of the…