Annual Rent Increase
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.
Annual Rent Increase
Article 344 limits annual rent increase rate by the increase rate of previous rental periods producer price index. Renter can not demand more increase than that of previous rental periods 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 periods 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.
Thank you very much for your reply. Could you provide a link to the Supreme Court Of Appeals ruling you mentioned.
One other question please. If the landlord wants to move into the house herself what is the correct procedure for her to give me notice? How many months notice must she give? And what are the laws preventing her abusing this?
I have been sent an email by my landlord asking me to vacate the premises by the end of the month so that it may be used by her family when they travel to Istanbul. I think this is a lie and just to move me out so she may rent the property at a higher price.
Thank you for your help.
Annual Rent Increase
The matter has been discussed here and there is a Supreme Court of Appeals's Decission about the issue at lower part of the page; http://www.turkhukuksitesi.com/showthread.php?t=83136
According to the Article 348 of the Code of Obligations, notice of termination must be in written form. Notice should be reached to tenant at least fifteen days before the day of termination of rental period.
And the action for evacuation must be filed within a month after termination of rental period. And the need of landlord must be sincere.
If landlord succeeds evacuation through court decission, he/she can not rent the house to someone else unless having just cause before three years period after evacuation according to the Article 355.
But all these are general information. Every situation includes its own feature and the information here should not be relied solely on while conducting legal transactions.
It would be much safer to get legal assistance from a licensed attorney at law in your district.
To follow up on this, the case you mentioned apertains to commercial property and so does not read across to reseidential property. I have gone ahead and spoken to numerous other lwayers and people familar with the subject and as far as I am concerned all residential rental agreements, old and new, are subject to a maximum increase of Year-On-Year change in Producer Price Index (UFE).
it is regulated that the validity of the agreement between the parties in relation to a rent increase rate depends on the increases not exceeding the producer price index.
In the absence of any provision within the lease relating to a rent increase, a judge will determine the rent for the new lease period. The judge is instructed to take into consideration the condition of the leased property, subject to the above-stated requirement that the producer price index will limit the maximum increase allowed.
Attorney Gamze Sharman
Good evening Genzem .Im ukrainian citizen previously divorced,from 1st martiage have infant child.in ukraine courtx seperated any blocking to go abroad, identigication of time meeting were not signified, but now going process in ukraine about confirming with whome baby will live.But ukrainian law system is soooo slow and 1 year passed still continuing.I got work permission in turkey and got marry.My baby due ukranian law is with us too...But, my ex husband wrote application to turkish high law that i kidnapped my own baby and prosecutor had a tak with me....I need toknow what difficulties i will face...because im scarting, my ex husband alkoholik was in private clinik seversl times and doesng have any conditions for baby and doesnt help anyhow,just putting diff application and sucking our nervous system.I learned that he wants to use baby in order not to go army force,cos situayion is reaaly horroble,its war and shoots everywhere....Whome can i put application that he wants use baby, what can i face?Thank u verymuch
I do not have any ideas on Ukranian Law; however, in Turkish Law judge decides who are gonna held the child before final decision. We call it preventive custody for child. It is so significant for the parents because after that we can see who is rightful parent to take care of. If you are legitimate parent to tkae care of your child (which I believe you are because he/she is infant needing the mother); there is no bad consequences for your exhusband application.
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