There are various conditions for filing a rent determination lawsuit based on the expiration of the five-year period. Below, the conditions and characteristics for filing a rent determination lawsuit based on the expiration of the five-year period have been addressed under headings, in light of Supreme Court decisions.

Existence of a Valid Lease Relationship and Dispute Over Rent Amount for a Rent Determination Lawsuit

For a rent determination lawsuit based on the expiration of the five-year period to be filed, it is essential that there is a valid lease agreement between the parties. (Supreme Court General Assembly of Civil Chambers, 2017/1535 E.)

There must be a dispute between the parties regarding the amount of the rent, and the rent amount should be requested to be determined through a lawsuit. Even if the tenant has paid the requested amount or more, it is not sufficient for the dismissal of the lawsuit. (Supreme Court 6th Civil Chamber, 2015/6194 E.)

Existence of Legal Interest

This is one of the most fundamental conditions for declaratory actions and is observed ex officio by the court. The plaintiff must have a current, legally protectable interest in filing the lawsuit (Supreme Court 14th Civil Chamber, 2011/14698 E.; Supreme Court General Assembly of Civil Chambers, 2010/3-119 E.; Supreme Court 3rd Civil Chamber, 2023/5202 E.). For a declaratory action to be admissible, the plaintiff must have an interest in the court immediately determining whether the legal relationship forming the subject of the lawsuit exists.

An action for determination must be filed for future rental fees. In the decision of the 23rd Civil Chamber of the Court of Appeals (2016/379 E.), it was stated that “the plaintiff has no legal interest in filing an action for determination that does not include a claim for performance for periods prior to the lawsuit date.”

Compliance with the Lawsuit Filing Period and Form :

According to Article 345 of the Turkish Code of Obligations and the precedents of the Court of Appeals, it becomes effective from the beginning of the new period, provided that “it is filed at the latest thirty days before the start of the new period, or a written notice regarding the increase in rent has been given to the tenant by the landlord within this period.”

If there is an increase clause in the lease agreement, a lawsuit can be filed until the end of the period for the determination of the new period’s rent, and in this case, a warning (notice) is not required (Court of Appeals 6th Civil Chamber, 2014/5693 E.). “The existence of a condition in the contract reflecting the will to increase the rent eliminates the legal importance of the warning (notice).”

If it has not been filed within the period, the court should ask the plaintiff whether they request a determination for the next period (Court of Appeals 3rd Civil Chamber, 2010/2403 E.; Court of Appeals 6th Civil Chamber, 2014/5706 E.).

A lawsuit can be filed at any time, but the period for which the determination will be valid depends on the date of service of the notice or the petition, and the terms of the contract (Court of Appeals 3rd Civil Chamber, 2010/2403 E.).

Existence of the prohibition of amendment

“The request for the determination of the rent amount cannot be divided, and the rent amount must be clearly and explicitly requested by the plaintiff at once.” Therefore, “in rent determination lawsuits, rights regarding any excess cannot be reserved, and no request for amendment can be made concerning such reserved rights.” (Court of Appeals General Assembly of Civil Chambers, 2017/2792 E.).

Nature of the Case and the Court’s Role:

Rent determination lawsuits are not actions for performance, but are in the nature of declaratory actions (Court of Appeals 3rd Civil Chamber, 2008/2091 E.; Court of Appeals 6th Civil Chamber, 2014/4519 E.). These lawsuits concern public order, and the judge “is obliged to proceed with the determination of the rent amount in accordance with the methods specified by law, decisions on the unification of jurisprudence, and the precedents of the Court of Appeals.” (Court of Appeals General Assembly of Civil Chambers, 2017/1535 E.; Court of Appeals General Assembly of Civil Chambers, 2017/3197 E.; Court of Appeals General Assembly of Civil Chambers, 2017/2792 E.).

The judge must determine the rent amount for the year requested “clearly, precisely, and fully.” (Court of Appeals General Assembly of Civil Chambers, 2017/3197 E.).

Consecutive Periods:

Even if a rent determination lawsuit for the previous period has concluded, a lawsuit for the subsequent period can be filed. However, the court must take into account that “when making a determination for a subsequent period, the finalization of the court decision regarding the determination for the previous period must be awaited.” (Court of Appeals 3rd Civil Chamber, 2010/14829 E.).

In summary;

For a rent determination lawsuit to be filed, there must be a valid lease relationship and a dispute between the parties regarding the rent amount. It is important that there is a current and protectable legal interest in filing the lawsuit, especially considering the possibility of an action for performance. This lawsuit can only be filed by the rightful parties (landlord or tenant), and its timing must comply with legal periods and contractual conditions, taking effect from the beginning of the requested rental period. The lawsuit is filed for the purpose of determining the rent for the future, not retroactively. All these conditions must be considered as a whole and interpreted within the specific circumstances of each concrete case. Rent determination lawsuits are cases that involve technical details regarding both procedure and substance, requiring careful planning; therefore, seeking professional support from a legal expert before filing a lawsuit is of great importance to prevent loss of rights.

Why is Expert Opinion Necessary?

Rent determination lawsuits are cases that can lead to loss of rights in the event of an erroneous application due to technical details and procedural rules. Furthermore, due to strict rules such as the prohibition of amendment, notice periods, and the clear specification of the claim, it is of great importance to seek support from a real estate law attorney before filing a lawsuit.

In regions such as Istanbul, Tuzla, Maltepe, Pendik, Kartal, Gebze, Çayırova, and Darıca, property owners or tenants should seek legal consultancy during critical stages like local comparable rent research and petition preparation when they wish to have the rent amount, compatible with market conditions, determined by the court. This not only increases the chances of success for the lawsuit but also prevents loss of time and costs. Also, an article suggestion.