Rent Adaptation Lawsuit: What is it and How to File?
In this article, we aim to provide basic information in a brief and understandable manner about rent adaptation lawsuits, which are filed to rearrange the rent amount or agreement conditions in case the balance between the parties is disrupted due to extraordinary situations arising after the conclusion of the lease agreement. This lawsuit aims to re-establish the agreement balance under the scope of the "excessive difficulty of performance" provisions regulated in Article 138 of the Turkish Code of Obligations.
In this context, the most frequently asked questions in practice, such as what a rent adaptation lawsuit is, under what circumstances it can be filed, who can file it, which court has jurisdiction, and how the lawsuit process progresses, are addressed.
1. What is a rent adaptation lawsuit?
A rent adaptation lawsuit is a case filed for the court to redetermine the rent or contract terms when the economic balance between the parties is disturbed due to extraordinary circumstances arising after the lease agreement is concluded. Through this lawsuit:
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The rent is adapted to current conditions.
* The balance between the parties is restored. * The sustainability of the contract is preserved.
This matter is based on Article 138 of the Turkish Code of Obligations.
2. In which cases is a rent adaptation lawsuit filed?
A rent adaptation lawsuit is filed particularly in the following situations:
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Extraordinary circumstances such as economic crisis or rising inflation
* Extreme changes in exchange rates * Serious disruption of the contract balance * The rent becoming excessively burdensome for one of the parties
However, for this lawsuit to be filed, the situation must be unforeseeable and extraordinary.
3. Who can file a rent adaptation lawsuit?
A rent adaptation lawsuit may be filed by either the landlord or the tenant.
4. Against whom is a rent adaptation lawsuit filed?
A rent adaptation lawsuit is filed:
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By the landlord against the tenant
* By the tenant against the landlord
This is an adaptation lawsuit that qualifies as an action for performance within contentious proceedings.
5. Which court has jurisdiction in a rent adaptation lawsuit?
The court with subject-matter jurisdiction is the Civil Court of Peace; the court with territorial jurisdiction is the court where the leased property is located.
6. Is there a time limit for a rent adaptation lawsuit?
There is no specific statutory limitation period for a rent adaptation lawsuit. However, the request for adaptation may be raised as long as the extraordinary situation continues. The timing of the lawsuit may affect the impact of the adaptation sought.
7. What should be done before filing a rent adaptation lawsuit?
Before filing the lawsuit, the following matters are important:
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Review of the lease agreement
* Documentation of economic changes * Research into comparable rent levels * Assessment of the possibility of settlement between the parties
8. How does a rent adaptation lawsuit proceed?
A rent adaptation lawsuit generally consists of the following stages:
- The lawsuit is filed before the Civil Court of Peace. 1. The parties’ submissions are taken. 1. Economic conditions are examined. 1. An expert examination is conducted. 1. The court rules on adaptation.
9. How long does a rent adaptation lawsuit take?
Depending on the specifics of the case, the lawsuit generally concludes within 6 months to 1 year in practice.
The information on this page is prepared for general informational purposes. Since rental law legislation and Court of Cassation practice are constantly updated, following the process with a lawyer specialising in real estate law helps prevent loss of rights.
FREQUENTLY ASKED QUESTIONS ABOUT RENT ADAPTATION CASE
The information on this page is prepared for general information purposes. Since rental law legislation and Court of Cassation practices are constantly updated, following the processes with a lawyer specializing in real estate law prevents loss of rights.