The landlord, to whom his tenant had signed an eviction letter, went to court when his shop was not vacated. He reminded that the tenant, who has been using the workplace for the whole 4 years, has unconditionally and unconditionally admitted that he will vacate the shop with the promise given at the beginning of the last rental period. Despite warnings and cautions by a notary public, the defendant did not keep his written promise, claiming that the lessee was released because of the promise.
On the other hand, the plaintiffs claim that the plaintiff had taken the promise of eviction on the basis of the lawsuit before signing the lease agreement and that the plaintiff’s agreement was signed under moral force, which he put forward. A prerequisite for immovable use as a tenant. The 2nd Magistrate’s Court dismissed the case. If the property owner appeals against the decision, the 6th Civil Chamber of the Supreme Court overturns the judgment. In retrial, the magistrate court overturned his first decision. When the plaintiff’s property owner appealed against this decision, this time the Supreme Court of Appeals stepped in to the General Assembly.
The board found the property owner correct by a majority vote. In the decision, which is closely related to the millions of tenants, the following statements were made: Was taken and the plaintiff who was the tenant of the real estate claimed that he had signed the pledge to his client, which he put forward as a prerequisite for being able to use it as his own title under moral coercion.
The promise thus signed is not valid as it is far from reflecting the actual will of the parties, and the plaintiff has defended the rejection of the suit as it was his malicious intent. However; The burden of proof in law lies with the party who has the right to the legal consequences associated with the alleged truth.
The defendant tenant, who claims that the eviction agreement was signed before the lease agreement, is obliged to prove this claim. In this case, it would not be right for the court to overturn the burden of proof and dismiss the case. It was ruled by a majority vote to overturn the court’s decision. “
The Ministry of Justice took action
The recent excessive rent increase has resulted in a 20 percent increase in lawsuits between landlords and tenants. Although the Justice Department has taken steps to make mediation in rent disputes mandatory, experts point out that tenants who face pressure from landlords have legal protection rights.
The biggest disagreement between landlords and tenants is the rent increase. Landlords are also pressuring their former tenants to raise prices or leave because of the extra rent. Tenants, whose landlords were under high rent pressure, began to breathe a sigh of relief in court. Some tenants know their rights, others do not know what to do. We asked experts what tenants should do and their rights against landlords’ illegality.
Rents have increased
Olke Goyem, a lawyer who specializes in lease law and property ownership, says there has been a recent increase in rent fixing and rent evictions. Evictions to get rent money at will. It is seen that he can file an eviction case by keeping them under threat. “
Referring to Article 344 of the Turkish Code of Oligarchy, which regulates how to increase the monthly rent, Göçüm said, “According to this article, landlords can request an increase in CPI for the first 5 years of rent. Lawyer Göçüm, who stated that the regulation is mandatory in the article, said, “In a lease agreement, the growth rate can be decided below the CPI growth rate. However, the growth rate cannot be determined. When legal controls are considered, landlords cannot claim a rent increase above the CPI growth rate, stating that ‘housing prices in the area have risen, rent has risen’, unless five years have elapsed since the contract began, and additional payments have been made. Can’t ask for.
You can leave a case for eviction
Göçüm added that after the expiration of the five-year term, the landlord can request an increase in the rights and negativity rules in accordance with the previous rental fees in the area or file a rent determination lawsuit.
Stating that the expiration of the rent cannot be a reason for eviction, Göçüm said that the landlord must have a valid reason for eviction.
Noting that it is not possible to claim the removal of a tenant from a real estate before the lease expires, Goyem said, “However, if the tenant does not repay the lease within 30 days despite the warning, the landlord can file an eviction lawsuit before the lease expires.” . “
Immigration says that if the tenant’s workplace or homeowner has changed, the new landlord must notify the tenant of their needs within one month, and after six months, he or she can sue for eviction for himself, his wife, children or dependents.
‘More requests enter threat and harassment’
Turhan Kakar, chairman of the Consumer Rights Association, points out that the CPI rate is essential and that homeowners cannot claim an additional increase in the CPI rate: You can sue for rent determination. Rent increases are increased by CPI. The current terms apply if the price is not mentioned in the contract. Verbal or written demands, threats and harassment for landlords to exceed CPI rates and pay ‘higher salaries’. Punitive action may be taken against these individuals.
The LIE owner pays 1 year rent
If the landlord wants to evict the tenant on the grounds that ‘my son, daughter, father, mother will come’, they must file it. There is no verbal rationality. If the lease expires, the landlord can evict him if he documents his cause. However, the landlord who has evicted the tenant for these reasons cannot rent the house to a third party for 3 years. Otherwise, he is obliged to pay one year’s rent (compensation) to the lessee he has removed. “(Elif Altin-Milliet)
Published in the Official Gazette
The law limiting housing rent increase to 25 percent was published in the official gazette and has come into force. The law will remain in effect until July 1, 2023.
By law, rental price agreements shall not exceed 25 percent of the rental price of the previous rental year.
If the change rate in the previous rental year consumer price index is 25 percent lower than the 12-month average, the change rate will be valid.
This rule will also apply to lease agreements for a period of more than one year. Agreements made to exceed these rates will be invalid in case of excess amount
Rising rents due to high inflation figures have long been the subject of controversy. Regulation aims to avoid this problem.