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From What Date Can a Rent Determination Lawsuit Be Filed Under Article 344/3 of the Turkish Code of Obligations (TCO) If the Parties Have Executed a Supplementary Agreement on the Rent Amount?

From What Date Can a Rent Determination Lawsuit Be Filed Under Article 344/3 of the Turkish Code of Obligations (TCO) If the Parties Have Executed a Supplementary Agreement on the Rent Amount?

As Uzunpınar & Tüfek International Law Office, we provide comprehensive legal consultancy and litigation services in disputes arising from tenancy law. In particular, in rent determination lawsuits filed pursuant to Article 344/3 of the Turkish Code of Obligations, determining whether the tenancy relationship has exceeded the five-year period and assessing the effect of subsequent rent adjustment agreements on this period are of critical importance. In practice, disputes frequently arise regarding whether additional protocols or subsequently executed agreements between the parties restart the statutory five-year period. In this article, we examine the legal consequences of supplementary agreements increasing the rent amount, the circumstances under which a subsequent agreement may be considered a new lease agreement, the evaluation of comparable market rental values, and the current case law of the Court of Cassation and Regional Courts of Appeal. We also discuss from which date a rent determination action may be filed under Article 344/3 of the Turkish Code of Obligations...

Conditions, Time Limits, and Methods of Proof in an Action for Recovery of Property (Istihkak Claim)

Conditions, Time Limits, and Methods of Proof in an Action for Recovery of Property (Istihkak Claim)

An action for recovery of property (istihkak claim) is a lawsuit filed when it is alleged that an asset seized during enforcement proceedings does not belong to the debtor but to a third party. In other words, a third party who claims ownership or another real right over the seized property files an action for recovery of property in order to protect that right.     ..

Eviction Lawsuit Due to Need

Eviction Lawsuit Due to Need

Eviction lawsuits due to need are among the important areas of dispute that require the real and sincere need of the landlord for the immovable property to be evaluated within a legal framework. If the need for housing or a workplace is not presented in accordance with procedural requirements, the process may both be prolonged and lead to loss of rights. For this reason, eviction lawsuits due to need require a careful legal approach in which statutory conditions are meticulously addressed and evidence and legal grounds are constructed accurately...

Permission to Show the Leased Property Lawsuit

Permission to Show the Leased Property Lawsuit

Permission to Show the Leased Property lawsuits are among the special types of disputes aimed at preserving the balance of interests between the parties throughout the continuation of the lease relationship. Where the showing of the leased property to third parties for legally valid reasons such as sale or re-leasing is obstructed, the conditions under which this right may be exercised must be carefully assessed. For this reason, permission to show the leased property lawsuits constitute legal processes that must be addressed within the framework of lease-specific regulations, with due regard to the principles of proportionality and necessity...