A rent determination lawsuit is a lawsuit filed by the lessor or tenant to determine the new rent to be applied in the existing lease agreement by court decision. This case comes to the agenda, especially in residential and roofed workplace rents, when there is a dispute between the parties regarding the rent increase rate or current rent price.
A rent determination case is not a case that terminates the lease agreement. The purpose of the lawsuit is not to evict the tenant, but to determine the new rental fee under the assumption that the rental relationship continues. For this reason, a rent determination case and an eviction case are different legal remedies.
Who Can File a Rent Determination Case?
As a rule, a rent determination lawsuit can be filed by the parties to the lease agreement. If the lessor thinks that the rental fee is below the current market conditions, he may request the determination of the rental fee for the new period. If the tenant claims that the rental fee has been increased unlawfully or contrary to the contract, he may request the determination of the rental fee.
In cases such as change of real estate owner, joint or shared ownership, usufruct right, inheritance or who has the title of lessor, the capacity to sue and the formation of a party should also be evaluated. In such cases, filing a lawsuit against the wrong person or not including all necessary parties in the case may create procedural risks.
For which rents is the rent determination case important?
Rent determination cases are mostly applied in residential and roofed workplace rents. The main subject of this case is rent increase disputes between the landlord and the tenant in terms of residential rents, and disputes regarding the current rental value of the real estate where commercial activities are carried out in workplace rents.
However, not every lease relationship is subject to the same legal regime. The nature of the contract between the parties, the purpose of use of the leased property, whether the tenant is a merchant or not, the duration of the contract and the periods for which the rental fee is determined should be examined separately.
Why is the Five-Year Period Important?
One of the most common issues in rent determination cases is the five-year period. In residential and roofed workplace leases, if the lease agreement lasts longer than five years or is renewed after five years, not only the increase provision in the agreement is used to determine the new rental price; Comparable rental prices, the condition of the leased property and the principle of equity may also be taken into consideration.
In some cases, it is possible to file a rent determination lawsuit before the end of five years; However, the court's criteria for determining the rental price may differ. In the periods before five years, rent increases are generally evaluated within the framework of legal increase limits and contractual increase provisions. In determination cases after five years, precedent rent research becomes more decisive.
When should a lawsuit be filed?
The date on which the rent determination case was filed is important in terms of the rent period from which the decision will have consequences. As a rule, a lawsuit can be filed at any time; However, if it is desired to determine the rental fee to be applied from the new rental period, the time to file a lawsuit and the notifications made to the tenant should be planned carefully.
In practice, it is important to file a lawsuit at least thirty days before the new lease period or to make a written notification that the rent will be increased within this period. Otherwise, the period from which the rent determined by the court will be valid may become controversial.
Therefore, in a rent determination case, merely filing a lawsuit is not enough; The lawsuit date, the warning date, the beginning of the rental period and the contract renewal date should be evaluated together.
Is Mediation Mandatory?
In terms of disputes arising from the rental relationship, the mediation arrangement with the litigation requirement is of particular importance. Lease disputes are included in the scope of mediation, with the exception of eviction through execution without judgment. For this reason, before filing a rent determination lawsuit, it should be checked through current legislation whether a mediation application is required.
Where mediation is a mandatory prerequisite, bringing an action before applying to a mediator may result in procedural dismissal. The mediation application, final report and dates should therefore be checked before proceedings are started.
How Does the Court Determine the Rent Price?
The court does not adhere to a single criterion when determining the rental price. The location, physical condition, size, purpose of use, comparable rental prices, previous rental relationship, contract period and economic balance of the parties are evaluated together.
Precedent rent research is an important evidence in rent determination cases. However, internet postings alone do not always constitute sufficient or definitive evidence. Information on real estate that is actually rented in the same region, of similar nature, allows for a more accurate evaluation. For this reason, expert examination is a frequently used method in practice.
Which Documents Are Important in a Rent Determination Case?
- Rental agreement.
- Rent payment receipts.
- Previous period rent increase records.
- Warning or notifications sent to the tenant.
- Precedent rent information.
- Land registry or documents showing ownership.
- Photographs, appraisals or advertisement records showing the nature of the real estate.
Depending on the nature of the concrete incident, municipal market records, real estate agent statements, rental agreements in the surrounding area and expert examination may also come to the fore.
Risks to Consider in Rent Determination Case
One of the most important risks in a rent determination case is that the determined rent cannot be applied from the desired period due to the case not being filed at the right time. Another risk is that the mediation case requirement may not be met. Additionally, filing a lawsuit with the wrong party, incorrectly determining the nature of the rental relationship, or inadequately presenting precedent evidence may affect the outcome of the case.
Although rent determination cases are apparently simple, they have a technical nature in terms of duration and period calculation. For this reason, each rental relationship should be evaluated separately based on its own contract, payment history and the nature of the real estate.
Frequently Asked Questions
Does a rent determination lawsuit lead to the eviction of the tenant?
No. The rent determination lawsuit does not aim at eviction; it is only intended to determine the new period rental fee under the assumption that the rental relationship continues.
Does five years have to expire for a rent determination lawsuit?
In some cases, it is possible to file a lawsuit before five years have expired. However, in rental periods after five years, the comparable rent, the condition of the real estate and the evaluation of equity become more evident.
Is mediation required before a rent determination lawsuit?
In terms of lease disputes, the litigation requirement and mediation arrangement should be taken into consideration. The scope of the concrete dispute and exceptions should be checked through current legislation.