Rental Law and Eviction Cases
Rental relations create rights and obligations between the property owner (lessor) and the tenant, and they are one of the areas where legal disputes occur most frequently in practice. Regulated under the Turkish Code of Obligations, it is crucial to manage the legal process with an expert lawyer taking the right steps to prevent either party from suffering grievances.
As Zeynep Elif Kirişçi Law Firm, we provide professional legal consultancy and litigation services in all disputes arising from rental law, especially in residential and commercial leases. We meticulously evaluate each dispute according to the specific features of the case and current Supreme Court decisions.
Eviction Cases and Processes
Evicting a tenant from a property is subject to strict formal conditions and time limits specified in the law. Sending an incorrect warning letter or missing deadlines can cause the eviction process to drag on for years.
We meticulously manage eviction processes based on the following reasons:
Eviction based on a written eviction commitment (tahliye taahhütnamesi)
Eviction through execution due to default (non-payment of rent)
Eviction due to two justified warnings sent within the same rental year
Eviction due to the need (necessity) of the property owner or their descendants/ascendants
Eviction due to the need of a person who newly purchased the real estate (new owner)
Unconditional eviction due to the expiration of the 10-year extension period
Rent Amount Determination Disputes
With changing economic conditions, it is a frequently encountered situation that current rent amounts fall below the market value or become excessively high.
The lawsuits we conduct to resolve these disputes are:
Rent Determination Lawsuit: A request to redetermine the rent amount according to precedent values in the region and the market value after the rental agreement completes its 5th year.
Rent Adaptation Lawsuit: A request to adapt the rent to current conditions before the 5-year period expires, due to extraordinary economic changes or force majeure.
Collection of Rent Receivables
It is necessary to take legal action for unpaid rent amounts, dues debts, or compensation claims arising from damage to the property. Our office rapidly carries out the initiation of execution proceedings to collect unpaid rent amounts and, along with this proceeding, ensures the eviction of the tenant.
Drafting of Rental Agreements
A strong rental agreement is the most important document that prevents all future problems. Instead of standard templates found on the internet, we prepare comprehensive rental agreements, including eviction commitments, tailored to the condition of the real estate, fixtures, and the special demands of the parties.
What Does It Cover?
Our service scope covers the preparation of contracts regarding residential, commercial, and land leases, the lawful eviction of the tenant, filing current market value determination lawsuits, initiating execution proceedings for unpaid rent, and conducting mandatory mediation negotiations between the parties before all these processes.
How Does the Process Work?
The roadmap we follow in rental law disputes is as follows:
Contract and Payment Review: The existing rental agreement, bank receipts, and eviction commitment (if any) are examined to determine the justification.
Sending Warning Letters: In cases of eviction or default (non-payment), time-bound warning letters complying with the conditions sought by the law are sent via a notary public.
Mandatory Mediation: As of September 1, 2023, an "mediation" condition has been introduced before filing a lawsuit in rental disputes. During this process, legal negotiations are conducted with the counterparty.
Litigation and Execution: If no settlement is reached in mediation, eviction/determination lawsuits are filed in the Civil Courts of Peace, or attachment/eviction procedures are initiated in Execution Offices.
Required Documents
To initiate the process, it will be useful to have the following documents ready during the first meeting:
Signed rental agreement and guarantor information, if any
Written eviction commitment, if any
Bank receipts regarding rent payments
Previously sent warning letters or message records
Title deed copy or a document showing ownership status