Higher Rent Determination Lawsuit in Turkey

A rent determination lawsuit ("kira tespit davası") allows landlords to request the court to re-determine the rental amount after five years of continuous tenancy. This type of case enables courts to override the rent increase clauses in the lease agreement and set a new rent based on current market conditions.

Table of Contents

1. What is a Rent Determination Lawsuit?

2. Conditions for Filing a Rent Determination Lawsuit

   • Five-Year Rule

   • Notice Requirement

3. When Can the Lawsuit Be Filed?

4. How is the New Rent Calculated?

   • Retroactive Rent Claim

   • Finalization of Rent Amount

   • Collection from the Tenant

5. How Long Does It Take?

6. Can a New Owner File This Lawsuit?

7. Who Pays the Legal Costs?

8. Which Court is Authorized?

9. Difference Between Rent Adjustment and Determination Lawsuit

10. What is a Rent Increase Lawsuit?

11. Conclusion

What is a Rent Determination Lawsuit?

This lawsuit is filed after a lease relationship exceeds 5 years, requesting the court to determine a new rent amount. Although landlords may apply periodic increases based on TÜFE (Consumer Price Index), the rent determination case is distinct because the court is not bound by any index and sets a new rent purely based on economic conditions.

Conditions for Filing a Rent Determination Lawsuit

Five-Year Rule

Under Article 344/3 of the Turkish Code of Obligations, the lease must be at least 5 years old. The initial agreement may have been for one year but automatically renewed to reach five years, or it may have been signed as a long-term contract. Once five years pass, a rent determination lawsuit can be filed.

A new lawsuit may also be filed after another five years have passed since a previous one.

Notice Requirement

Issuing a formal notice to the tenant is not mandatory to file the lawsuit, but it determines when the new rent becomes enforceable. If a written notice is sent at least 30 days before the start of the new rental term, the court’s decision can apply retroactively from the start of that period. Otherwise, it applies from the date of the ruling.

The notice must be in writing and is best served via a notary for proof. You can find a sample notice in our blog post on "Sample Rent Increase Notices."

When Can the Lawsuit Be Filed?

The lawsuit can be filed any time after the 5-year period is complete. There’s no deadline — it can be filed in the 6th, 8th, or even 10th year. Make sure the petition is prepared in line with legal formalities. See our post on “Sample Rent Determination Lawsuit Petition” for help.

How is the New Rent Calculated?

The court determines the rent by evaluating:

• Comparable market rents

• Condition of the leased property

• TÜFE (CPI)

A court-appointed expert usually assists in determining the fair market rent. However, the judge cannot award a higher amount than what was requested. If the claim is unreasonably high, it may be rejected and incur high litigation fees. Legal strategy matters — working with a real estate attorney is highly advisable.

Retroactive Rent Claim

If the petition meets the conditions, the difference between the paid rent and the newly determined rent can be claimed retroactively from the start of the rental year.

Two possibilities:

• If the lease includes an increase clause: retroactive claims can be made without preconditions.

• If no increase clause: a written notice or timely lawsuit filing before the rental term starts is necessary.

Finalization of Rent Amount

To initiate collection proceedings, the court’s decision must become final. After the judgment is served, there’s a 2-week appeal period. If no appeal is made, or once the appeal is resolved, the judgment becomes final.

Collection from the Tenant

Once the judgment is final, landlords can initiate non-litigious enforcement proceedings to collect retroactive rent differences. This allows for official collection via enforcement offices.

How Long Does It Take?

The case typically lasts between 6–12 months depending on court workload and the time taken by expert evaluations.

Can a New Owner File This Lawsuit?

Yes. If the 5-year condition is met, the new property owner can file the lawsuit. The time under the previous owner counts toward the 5-year period. However, if the previous owner already filed such a lawsuit, another one cannot be filed until five more years have passed.

The new owner may also have the right to evict the tenant under Article 351 of the Turkish Code of Obligations, depending on their needs. See our post on "Eviction by New Landlord" for details.

If there are other grounds for eviction — like non-payment, expired lease, or a signed eviction undertaking — these can also be used. See our guide on "How to Evict a Tenant" for more.

Who Pays the Legal Costs?

Initially, the plaintiff covers the costs. However, the petition should request that all litigation costs and attorney fees be charged to the other party if the case is won. The court will decide on cost allocation in its ruling.

Which Court is Authorized?

The rent determination lawsuit is filed in the Civil Court of Peace (Sulh Hukuk Mahkemesi) located where either the defendant resides or the property is located.

Difference Between Rent Adjustment and Determination Lawsuit

A rent adjustment lawsuit is filed when unforeseeable and extraordinary circumstances occur after the lease is signed, making it extremely difficult for one party to fulfill its obligation. These changes must not result from the tenant’s fault.

In contrast, a rent determination lawsuit is filed when the parties cannot agree on a fair rental amount. Below is a quick comparison:

Rent DeterminationRent AdjustmentFiled due to rent’s loss of value over timeFiled due to extraordinary post-contract eventsRequires 5 years of tenancyNo time limit — can be filed anytimeApplies only to residential/commercial unitsApplies to all movable and immovable leasesCan be enforced retroactivelyApplies prospectively only

What is a Rent Increase Lawsuit?

This is simply another name for a rent determination lawsuit. Despite common use, there’s no separate legal category under this name.

Conclusion

Rent determination lawsuits involve complex procedures like filing deadlines, retroactive applications, notices, and enforcement. We strongly recommend working with a specialized real estate attorney to navigate the process efficiently.