Mesajı Okuyun
Old 20-04-2013, 13:37   #2
Av.Kadir ORUÇ

 
Varsayılan Annual Rent Increase

Alıntı:
Yazan Stu
Hi.

New law in Turkey came into effect in July 2012 that limits rent increases to annual PPI (Turk Borlcar Kanun Madde 344).

"Tarafların yenilenen kira dönemlerinde uygulanacak kira bedeline ilişkin anlaşmaları, bir önceki kira yılında üretici fiyat endeksindeki artış oranını geçmemek koşuluyla geçerlidir. Bu kural, bir yıldan daha uzun süreli kira sözleşmelerinde de uygulanır."

Does this supersede Contract Law? My rental agreement from October 2010 rolled over for another year in October 2011 and I believe rent should be increaed by PPI rather than the average PPI/CPI as indicated in the agreement. My landlord is arguing otherwise.

Also I believe the interest rate figure should be based on TUIK Year-on-Year (Bir Önceki Yılın Aralık Ayına Göre Değişim) but my landlord says it should be based on the average of the above over the last 12 months (Oniki Aylık Ortalamalara Göre Değişim). This makes no sense as the 12 month average the landlord wants to charge is based on 24 months of inflation data and is not evenly distributed and in fact a 'normal distribution' effect on the 24 months of inflation.

Can anyone provide any insight to settle this argument?

Obviously the landlord is trying to find the highest figure. I'm just trying to find the correct figure so that I know what my rent increase will be next year and the landlord can't change his mind on how it is calculated next time around.

Tesekkurler.

Dear Stu,

Article 344 limits annual rent increase rate by the increase rate of previous rental period’s producer price index. Renter can not demand more increase than that of previous rental period’s PPI even though they agreed upon a higher rate by contract. When the argument taken before court, judge will determine rent increase rate according to equity but being not more than the increase rate of previous rental period’s producer price index.

But it is a reality that there is uncertainty in the text of law about calculation of annual increase rate of PPI. Will the increase rate in PPI be calculated by taking 12 months average or will be taken as basis the increase in PPI by considering the same month of previous year?(Year on year change).

Before this law entered into effect, the Supreme Court of Appeals had adopted twelve months average method. I also find this method more equitable personally.

In the following days, we will see how the application will develop.

Best regards.