The rent and the increase rate agreed upon in writing in the lease agreement are binding on the parties. However, can a concession verbally given by the landlord to the tenant, such as “let’s not increase the rent this year” or “let’s pay a discounted amount for a while,” be used in favor of the tenant in a subsequent dispute? If the tenant claims “there was a verbal discount between us” during enforcement proceedings, would an audio recording or WhatsApp correspondence be sufficient to prove this claim? In this article, we examine the process, from the determination of the rent to the evidentiary power of verbal agreements, in light of current Supreme Court precedents and the provisions of the Enforcement and Bankruptcy Law (EBL).

Rent and Increase Rate: The Contractual Provision is Paramount

The rent and the increase condition (usually the CPI rate) stipulated in the lease agreement are fundamental obligations agreed upon by the parties’ free will. In residential and covered workplace leases, the contract extends for one year at a time according to Article 347 of the Turkish Code of Obligations (Law No. 6098), as long as the tenant does not give notice of termination; the increase condition in the contract remains valid during these extended periods.

At this point, the critical principle is that the landlord’s acceptance of a discounted or non-increased rent for one period does not mean they have waived their right to an increase. The actual acceptance of lower payments cannot be interpreted as an implicit amendment to the contract between the parties. The landlord retains the right to demand the original rent and the increase rate specified in the contract for subsequent periods.

How is the Tenant’s Claim of “Verbal Discount” Proven?

The party claiming that the rent was set lower than the amount specified in the contract is obliged to prove this claim. However, enforcement proceedings and the enforcement (civil) court process are “limited jurisdiction” areas; not all types of evidence are heard here.

Pursuant to EBL art. 269/c, if the debtor tenant does not deny the contract and objects by stating that “the rent has been paid” or “it cannot be claimed for another reason”; this objection can only be proven with the following documents:

A document prepared ex officio by a notary public or with a notarized signature,

A document acknowledged (accepted) by the creditor (landlord),

A receipt or document properly issued by official departments or authorized authorities.

The established practice of the Supreme Court General Assembly of Civil Chambers is also in this direction: if the debtor does not explicitly object to the rental relationship and the rent amount, the rental relationship and amount become final in terms of enforcement law, pursuant to EBL art. 269/2; whereas objections regarding the rent being paid or not being demandable must be proven with the qualified documents specified in 269/c (see. Supreme Court General Assembly of Civil Chambers, File No. 2018/6-683). Therefore, the tenant’s defense of “a verbal discount was made” is not taken into consideration by the enforcement court if it is not based on a document of the above-mentioned quality.

Can Voice Recordings and WhatsApp Correspondence Be Admitted as Evidence in the Enforcement Court?

This is one of the most frequently asked questions in practice. Can a voice recording, phone call transcript, or WhatsApp correspondence held by the landlord or the tenant prove the claim of “there was a verbal discount” or “there was no such discount”?

Within the narrowly defined scope of enforcement and bankruptcy law, such digital records are not among the documents restrictively enumerated in Article 269/c of the EBL. Therefore, at the stage of enforcement proceedings and annulment of objection, the determination of the rent amount is, as a rule, based on the written contract. Claims of discounts based on voice recordings or message screenshots alone do not produce a result at this stage.

The only exception to this is if the parties have recorded the agreement in a document of the nature stipulated in Article 269/c of the EBL (for example, a mutually signed protocol or a written text containing the landlord’s explicit admission). Otherwise, no matter how true the verbal agreement is, it cannot be proven in the narrowly authorized enforcement court.

Important note: The evidentiary value of correspondence and records in a trial before general courts (civil court of peace / civil court of first instance) is a separate matter of discussion and is evaluated according to the specific circumstances of the case. The assessment in this article pertains to eviction proceedings without judgment and the enforcement court process.

Is Accepting Discounted Payment a Waiver of the Right to Increase?

No. The landlord’s acceptance of payment below the contractual amount for one or several periods does not, by itself, constitute a waiver of the increase clause. In the practice of the Supreme Court, the fact that payments were made on different dates or in different amounts does not nullify the increase provision in the contract; changes in payment terms can only be asserted and proven with a document of equal force (written).

Therefore, even if the landlord has shown leniency in the past, they can claim their receivables based on the original rent and the increase rate specified in the contract; the tenant’s incomplete payments may lead to default.

Short Roadmap for the Landlord

Determination of the receivable: The missing amount is calculated based on the original rent and the increase rate specified in the contract.

Eviction proceedings without judgment (Sample No: 13): Both accrued rent arrears and eviction due to default (TCO art. 315) are claimed together, and the proceedings are initiated.

30-day payment period: If the full debt is not paid within the legal period granted to the tenant starting from the notification of the payment order, the tenant falls into default.

Annulment of objection and eviction: If the tenant fails to pay on time, the annulment of the objection and eviction are requested from the enforcement court within the specified period. The tenant’s defense of “verbal discount” is rejected unless proven by the documents listed in E&BL art. 269/c.

Frequently Asked Questions (FAQ)

1. If the landlord verbally stated “no increase this year,” can they later demand an increase? As a rule, yes. A verbal concession does not nullify the increase clause in the contract unless it can be proven by a document of equal power (written). The lessor can demand the original amount and the increase rate specified in the contract.

2. Is a WhatsApp conversation held by the tenant useful in enforcement court? Within the limited jurisdiction structure of enforcement and bankruptcy law, a WhatsApp conversation or voice recording is not among the documents listed in E&BL art. 269/c. At this stage, the rent amount is, as a rule, determined according to the written contract.

3. How can I validate a verbal discount agreement? Putting the agreement into a mutually signed written protocol, and if possible, having it notarized, is the safest way. A discount documented in this manner will not create proof issues in the future.

4. The tenant paid less for a few months, and the landlord did not object. Will this situation be against the landlord? The de facto acceptance of insufficient payments is not considered a waiver of the right to increase on its own. However, proper management of the process and timely warning and follow-up steps prevent loss of rights.

5. What amount should I demand in enforcement proceedings? The current (increased) principal amount in the contract is taken as a basis. The tenant must prove the discount claim with documents as per Article 269/c of the ELA; if unable to prove, the proceedings based on the principal amount are valid.

Why is Expert Lawyer Support Necessary?

In rental disputes, the outcome is often determined not by “being right,” but by “proving righteousness with the correct evidence and proper procedure.” The strict evidence regime of Article 269/c of the ELA can lead to unexpected loss of rights for parties relying on voice recordings or correspondence. The type of eviction proceedings without judgment (Example 13), the items of demand, the proper management of the 30-day period, and the defense strategy during the objection removal stage are technical matters requiring expertise.

2M Hukuk Law Office provides legal support to both landlords and tenants in rental law, eviction lawsuits, enforcement proceedings, and the collection of rental debts, particularly in the Istanbul Anatolian Side and Kocaeli region, including Tuzla, Pendik, Kartal, Maltepe, and Gebze. It is important to work with an expert lawyer throughout the entire process, from the contract stage to eviction, to avoid loss of rights.

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