This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Ev Sahibi Kirayı Fazla Artırdı: Ne Yapmalısınız?.
The renewal date is approaching and the landlord names a figure far above the statutory limit — usually followed by "accept it or leave". Most tenants at this point either accept or move out. There is a third course, and the law is on the tenant's side in taking it.
Below: what the ceiling is, why an agreement above it is invalid as to the excess, and what to do if the landlord refuses to accept the lawful amount.
The Statutory Limit
TBK art. 344 caps the increase for a renewed period of a residential or roofed commercial lease at the twelve-month average change in the consumer price index for the previous lease year.
That figure is recalculated every month. The one that applies to you is the figure for the month in which your contract renews — a contract renewing in January and one renewing in August are subject to different rates.
A higher rate written into the contract does not change the result. The statute binds the parties' agreement to that ceiling: an agreement above it is invalid as to the excess.
The temporary 25 per cent cap applied in earlier years has lapsed; the only measure now is the twelve-month index average.
You Do Not Have to Pay the Excess
When an above-ceiling increase is demanded, the thing to do is calculate the lawful amount and pay it. Not paying the excess does not put you in default, because that part is not a debt at law.
The one thing that matters is that the lawful amount is paid in full and on time. Stopping payment altogether is a serious error: non-payment of rent is a ground for eviction, and it loses an argument you were winning.
Put the month it relates to in the payment description. "September 2026 rent" settles in advance any later argument about which month was paid.
If the Landlord Refuses the Money
Some landlords refuse a payment they regard as short, or close the account. Do not stop paying: every month without a payment works against you.
Pay the rent into a bank account in the landlord's name, stating both the month and whose it is. If you have no account details, or payment is refused, the rent can be deposited with a notary.
Document the attempt in every case. The transfer receipt, the bank correspondence and the notarial record are your only proof that you paid, in any later eviction action.
Reclaiming an Overpayment
You may have paid the higher increase without realising. An overpayment made without legal cause can be reclaimed.
The route is: written notice to the landlord first, preferably a notarised warning notice, setting out the calculation and demanding repayment; then, if that fails, an action for the debt.
Two practical warnings. First, a retrospective claim is subject to a time limit — act as soon as you notice. Second, if you pay rent in cash, proof becomes very hard; move to bank transfers from today.
The "I'll Evict You" Threat
Refusing a rent increase is not a ground for eviction. A landlord cannot recover possession on that basis.
Eviction is possible only on the grounds listed in the statute: non-payment of rent, the genuine need of the landlord or the relatives named in the statute, a valid undertaking to vacate, or the need for reconstruction or substantial repair.
And in every one of those cases, eviction happens through a court judgment or the enforcement office. Changing the lock, removing belongings or cutting the electricity is unlawful; if it happens, contact the police immediately.
After Five Years the Rule Changes
If you have been in the same property for more than five years, the position differs. Under the third paragraph of art. 344, for leases running more than five years or renewed after five years, an action for the determination of rent may be brought.
In that action the court is not bound by the index. It sets the rent having regard to the condition of the property, comparable rents and equity — and the result can be a substantial increase.
Either party may bring it. In a period of falling market rents, it is the tenant who has the interest in doing so.
Refusing an excessive increase is your right; paying no rent at all is not. As long as you pay the lawful amount regularly and keep the receipts, no one can say you failed to pay. If the landlord refuses the money, pay it into a bank account or deposit it with a notary.
Frequently Asked Questions
What is the legal limit on a rent increase?
For residential and roofed commercial leases, the twelve-month average change in the consumer price index for the previous lease year (TBK art. 344). The figure changes monthly; the month your contract renews is what counts.
The contract states a higher rate. Is it valid?
No. An agreement above the statutory ceiling is invalid as to the excess. That you signed it does not change the result.
Will I be evicted if I refuse to pay the excess?
No. As long as you pay the lawful amount regularly you are not in default, and refusing an increase is not a ground for eviction.
What if the landlord will not take the money?
Do not stop paying. Pay it into a bank account in the landlord's name stating the month, and if necessary deposit it with a notary.
Can I get back rent I overpaid?
Yes, a payment without legal cause can be reclaimed. Give written notice first; if that fails, bring an action. The retrospective claim is subject to a time limit.