This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Kira Tespit Davası: Ne Zaman, Kim Açar?.
An action for the determination of rent asks the court to reset the rent to current conditions, and it may be brought for any rental period. Which rule applies depends on whether the contract fixed an increase rate and on whether the tenancy has run for more than five years. The judgment takes effect from the start of the new period only if the action was filed, or a warning notice served, at least thirty days before that period began (TBK art. 345).
Where a tenant has been in the same property for years, the rent can fall far below the market. The reverse also happens: when the market falls, the tenant may be overpaying. The remedy in both directions is the same action.
When the Action Can Be Brought
TBK art. 344 deals with two distinct situations.
For tenancies of less than five years, the ceiling on the increase is the twelve-month average change in the consumer price index, and the court is bound by it.
For tenancies that have run more than five years, or contracts renewed after five years, the position changes: the court sets a rent that is equitable, having regard to the index, the condition of the property and comparable rents. The index ceiling no longer binds it.
The five years is the total duration of the same tenancy. Annual renewal of the contract does not interrupt it.
Who Can Bring It, and the Notice
Either the landlord or the tenant may bring the action. In periods when market rents are falling, it is the tenant who has the interest in doing so.
The action must be filed at least thirty days before the start of the period for which the rent is to be determined. Alternatively, if the landlord has given written notice within that period that the rent will be increased, the action may be filed up to the end of the new period and the judgment still takes effect from the start of it.
This notice requirement is the point missed most often. Without a timely notice, the judgment applies only from the following period — and a whole lease year is lost.
What the Court Weighs
In a determination for a tenancy past five years, the court considers:
- Comparable rents — what similar properties in the same area are let for;
- The condition of the property — its age, location, state of repair, heating, parking;
- The consumer price index — not binding, but taken into account;
- Equity — the tenant's long occupation and the position of the parties.
What decides the case in practice is the site inspection and the expert report. The petition must therefore ask expressly for a site inspection and a survey of comparable rents.
It is also common, in long-standing tenancies, for an equitable discount to be applied to the figure derived from comparables, in recognition of the tenant's established occupation.
| Situation | Rule applied | Basis |
|---|---|---|
| Contract fixes a rate not exceeding the twelve-month CPI average | The contractual rate applies | TBK art. 344/1 |
| Contractual rate exceeds that average | The index average applies | TBK art. 344/1 |
| No increase agreed in the contract | The court sets it, not exceeding the index average | TBK art. 344/2 |
| Tenancy has run more than five years | The court sets it on comparables and equity; the index ceiling does not apply | TBK art. 344/3 |
| Rent denominated in foreign currency | No change may be sought until five years have passed | TBK art. 344/4 |
The five-year period runs not from the start of the tenancy but from the last rent fixed by determination or agreement.
After the Judgment
The court fixes the new rent. Where the conditions are met, it takes effect from the start of the rental period following the action.
The figure so fixed is subject to the index ceiling again in subsequent years; a fresh action is not needed each year.
While the case is pending, the tenant must continue to pay the existing rent. When judgment is given, the difference for the relevant period can be claimed.
This is not an eviction action. It does not remove the tenant; it fixes the rent.
The point missed most often is that the action must be filed, or written notice given, at least thirty days before the new period begins. Without it the judgment applies only from the following period, and a whole lease year is lost.
Frequently Asked Questions
When can a rent determination action be brought?
For any period. But where the tenancy has run more than five years, the court is not bound by the index and decides on equity.
Can the tenant bring it too?
Yes. Where market rents have fallen, the tenant has the interest in bringing it.
Is a warning notice compulsory?
The action must be filed at least thirty days before the period begins, or written notice given within that time; otherwise the judgment applies only from the following period.
What does the court base its decision on?
Comparable rents, the condition of the property, the index and equity. The site inspection and expert report are decisive.
Which rent do I pay while the case is running?
Continue paying the existing rent. When judgment is given, the difference for the relevant period can be claimed.