Legal analysis of rent determination, proof of verbal discount agreements, deduction of unauthorized renovation costs from rent, and eviction processes based on eviction undertakings.
1. Determination of Rent and Legal Nature of Verbal Discount Agreements
The agreed-upon increase rates and rents in the lease agreement are fundamental provisions binding on the parties. The legal consequences of verbal discounts provided by the client to the tenant and the tenant’s breach of these discounts are analyzed below:
Priority of Contractual Provisions: The increase clause (CPI rate) in the lease agreement was agreed upon with free will and remains valid during extended lease periods (Istanbul Regional Court of Justice 59th Civil Chamber -2024/1039-2024/1394 ).
Burden of Proof for Verbal Agreements: If the tenant claims that the rent was set at a lower amount (30,000 TL or 32,000 TL) than the amount specified in the contract (37,500 TL), they must prove this claim according to Article 269/c of the Enforcement and Bankruptcy Law; with a document drawn up ex officio by a notary public or a document with a certified signature, or a document acknowledged by the creditor (Istanbul Regional Court of Justice 59th Civil Chamber -2024/350-2024/592 ).
Status of Voice Recordings and Digital Evidence: Voice recordings or similar digital records (WhatsApp etc.) held by the client are not accepted as legal evidence before enforcement courts with limited jurisdiction (İstanbul Bölge Adliye Mahkemesi 59. HD-2024/1039-2024/1394; İstanbul Bölge Adliye Mahkemesi 59. HD-2024/943-2024/1215 ). Therefore, in the enforcement proceedings, the written contract will be taken as the basis for determining the rent.
Acceptance of Underpayments: The client’s acceptance of rent payments at a reduced rate or without an increase for a period cannot be interpreted as a waiver of the increase clause in the contract or as an implicit agreement between the parties (Yargıtay 3. HD-2023/4816-2024/2912 ; İstanbul Bölge Adliye Mahkemesi 59. HD-2024/2255-2024/1063 ).
2. Unauthorized Alterations and the Issue of Deduction from Rent
It is unlawful for the tenant to unilaterally deduct significant alterations made to the property from the rent:
Prohibition of Set-off: Unless there is an explicit provision in the lease agreement stating that alteration costs can be deducted from the rent, the tenant does not have the right to unilaterally make such deductions (İstanbul Bölge Adliye Mahkemesi 59. HD-2024/435-2024/396 ).
Duty of Careful Use: If the contract contains a clause stating “no alterations can be made without the landlord’s permission”, any contravention of this provision constitutes a breach of contract (Adana Bölge Adliye Mahkemesi 5. HD-2022/989-2024/1568 ).
Formation of Default: Rent payments deposited insufficiently under the guise of renovation costs constitute default and are grounds for eviction unless proven with a valid payment document under Article 269/c of the ELA (Enforcement and Bankruptcy Law) (Istanbul Regional Court of Justice 64th Civil Chamber-2025/2149-2026/1181 ).
3. Recommended Roadmap
The steps to be followed to both collect the rent arrears and ensure eviction are as follows:
Step 1: Initiation of Enforcement Proceedings (Form No: 13)
An eviction proceeding without a judgment must be initiated for the remaining unpaid portions based on the original contract amount of 37,500 TL (or based on the 32,000 TL agreed for June but unpaid).
In the enforcement request, both the rent arrears and eviction (in accordance with Article 315 of the TCO) must be demanded together (General Assembly of Civil Chambers-2024/785-2025/426 ).
Step 2: Awaiting the Payment Period
A 30-day legal period must be given to the tenant with the payment order sent. If the tenant fails to pay the entire debt (including renovation deductions) within this period, they shall be considered in default (Ankara Regional Court of Justice 37th Civil Chamber-2023/1644-2024/1926 ).
Step 3: Eviction Lawsuit in the Enforcement Court
After the 30-day period has passed, if the debt has not been paid, eviction and the annulment of objection must be requested from the Enforcement Court within 6 months (Istanbul Regional Court of Justice 64th Civil Chamber-2025/2149-2026/1181 ).
The tenant’s “verbal discount” or “offset for renovation costs” defenses will be rejected by the court unless proven with written documents as per Article 269/c of the Enforcement and Bankruptcy Law (EBL) (Istanbul Regional Court of Justice 59th Civil Chamber-2024/433-2024/397 ).
Step 4: Enforcement Proceedings Based on Eviction Undertaking (Alternative Method)
Based on the eviction undertaking at hand, eviction proceedings can be initiated through the Enforcement Directorate. If the tenant does not object to the signature, the process concludes quickly (Adana Regional Court of Justice 10th Civil Chamber-2023/158-2024/2325 ).
Conclusion: The client has the right to demand the original amount of 37,500 TL as stipulated in the contract; because accepting lower payments does not imply waiving the right to an increase. The tenant’s deduction of unauthorized renovation expenses from the rent lacks legal basis, and this situation can be grounds for an eviction lawsuit due to default.
Why is Expert Legal Assistance Needed?
A small procedural error in rental disputes can lead to loss of rights that may last for months or even years. Correctly determining the procedures to be applied in rent amount determination, underpaid rents, validity of eviction undertakings, eviction due to default, and enforcement proceedings is of great importance.
It requires expertise to determine with which evidence the tenant’s defenses such as “there was a verbal discount agreement”, “I deducted renovation costs from the rent”, or “the eviction undertaking is invalid” can be refuted, which enforcement path should be chosen, and how the litigation strategy should be formulated.
2M Hukuk Law Office provides comprehensive legal consultancy to its clients in the areas of rental law, eviction lawsuits, rent collection lawsuits, and enforcement proceedings, based in Istanbul Tuzla. Since each specific case has its unique characteristics, determining the correct legal strategy both accelerates the collection of debts and contributes to the quicker resolution of the eviction process. Especially for landlords and tenants experiencing rental disputes in and around Istanbul, Tuzla, professional legal support offers a significant advantage in preventing potential loss of rights.
Frequently Asked Questions
1. Can the landlord later reclaim a rent reduction they verbally offered?
Yes. As long as there is no written agreement, the rent amount and increase provisions in the rental agreement are taken as a basis. The tenant must prove their claim of a verbal reduction with written evidence stipulated by law.
2. Can the tenant unilaterally deduct renovation costs from the rent?
No. Unless explicitly agreed upon in the rental agreement or with the landlord’s written consent, the tenant cannot deduct renovation costs from the rent.
3. Does a landlord’s prolonged acceptance of underpaid rent lead to loss of rights?
Generally, no. The acceptance of underpaid or discounted rent for a period does not imply a waiver of the rent increase clause in the rental agreement. However, each case should be evaluated within its specific circumstances.
4. If there is an eviction undertaking, is direct eviction possible?
An eviction proceeding can be initiated through enforcement based on a validly prepared eviction undertaking. The nature of the tenant’s objection to the signature or the undertaking may affect the course of the process.
5. Can a tenant who pays incomplete rent be evicted due to default?
Yes. If the notice of payment and deadlines stipulated by law are applied properly, and the tenant does not pay the rent debt in full within the legal period, eviction proceedings due to default can be initiated. However, in each case, procedural requirements must be fully met.
