Precautionary Measure Proposal for Rent Determination Cases

Due to high inflation, rapidly increasing rents are putting landlords and tenants at odds very frequently. Prof. Dr. Umut Yeniocak, Faculty Member at Altınbaş University Law School, drew attention to rent determination lawsuits in this process and made a suggestion for reducing the grievances experienced.

Prof. Dr. Umut Yeniocak stated that according to the Turkish Code of Obligations (Article 344/3), rent determination lawsuits can be filed for the earliest sixth year of tenancy, and it is generally the landlord who initiates this lawsuit against the tenant, with the subject matter of the lawsuit being the approximation of the rent to comparable levels.

Providing information about the current situation, Prof. Dr. Yeniocak pointed out that although it is almost certain that the landlord will win the determination lawsuit, it takes several years to obtain a result; he said, "The landlord must wait for the end of the lawsuit and even for the court decision to become final to enforce the decision by demanding retroactive rent differentials."

According to Yeniocak, when the landlord demands retroactive rent differentials with interest after waiting for years for the end of the lawsuit, there is also a grievance at this stage because the interest paid to them according to the law is considerably low compared to inflation.

Yeniocak emphasized that there are many points that need to be intervened in this situation, stating, "Of course, unless inflation is permanently reduced, the permanent solution to this problem is not possible only through legal means."

Prof. Dr. Yeniocak said that in order to alleviate the grievances in the short term in rent determination lawsuits, the plaintiff landlord can request a precautionary measure for the tenant defendant to pay a rent close to the comparable rent during the trial. According to Prof. Dr. Yeniocak, unless there is an extraordinary situation in the file, the court should make this precautionary decision especially in the current high inflation conditions.

Yeniocak noted that in this way, the prolongation of the lawsuit for the landlord who collects the increased rent during the trial would cease to be a second grievance. Yeniocak also expressed the opinion that if the courts make such precautionary decisions, the possibility of resolving disputes through settlement in the mediation stage would increase, leading to a decrease in the number of lawsuits. Yeniocak also pointed out that this practice would provide a more suitable solution to the balance of interests between the parties.