{"id":317,"date":"2023-10-02T09:00:00","date_gmt":"2023-10-02T09:00:00","guid":{"rendered":"https:\/\/utuhukuk.com\/kira-tespit-davasi\/"},"modified":"2026-10-02T13:06:25","modified_gmt":"2026-10-02T10:06:25","slug":"rent-determination-action","status":"publish","type":"post","link":"https:\/\/utuhukuk.com\/en\/kira-tespit-davasi\/","title":{"rendered":"Action for Determination of Rent"},"content":{"rendered":"<div class=\"pm\" data-utu-pm=\"1\">\n<p class=\"pm-giris\"><strong>A rent determination action<\/strong>, arises where the parties cannot agree on the rent to apply in the new rental period. In a lease agreement, the parties have the power to determine the rent. The parties may also wish to change the rent to apply in the new rental period. In this article, we examine the nature of the action, how the rent is determined, the conditions of the action, when it may be brought and the competent court and venue.<\/p>\n<aside class=\"pm-ozet\" aria-label=\"In brief\">\n<p class=\"pm-etiket\">In brief<\/p>\n<ul>\n<li>A rent determination action is an action that may be brought by the landlord or the tenant and seeks to have the court determine the rent to be applied in the new rental period.<\/li>\n<li>In contracts shorter than five years, absent agreement, the judge determines the rent on an equitable basis, provided that it does not exceed the twelve-month average change in the CPI (T\u00dcFE) for the previous rental year.<\/li>\n<li>In contracts longer than five years or renewed after five years, the rent is determined, regardless of whether there is an agreement, by taking into account the CPI, the condition of the leased property and comparable rents.<\/li>\n<li>The action may be brought at any time; for the determined rent to apply from the beginning of the new period, the thirty-day action or written notice requirement in Article 345 of the TBK must be complied with.<\/li>\n<\/ul>\n<\/aside>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Currency note<\/p>\n<p>This article was prepared on the basis of the legislation and practice in force on the date of publication. The procedure to be followed before bringing an action in rent disputes and the restrictions on rent increases may have changed since then. You are advised to consult a lawyer for the current position.<\/p>\n<\/div>\n<details class=\"pm-ic\" open>\n<summary>Contents<\/summary>\n<ol>\n<li><a href=\"#nedir\">What is an action for determination of rent?<\/a><\/li>\n<li><a href=\"#bedel\">How is the rent determined?<\/a><\/li>\n<li><a href=\"#sartlar\">Conditions of the action for determination of rent<\/a><\/li>\n<li><a href=\"#zaman\">Timing of the action and effective date of the rent<\/a><\/li>\n<li><a href=\"#mahkeme\">Competent court and venue<\/a><\/li>\n<li><a href=\"#sss\">Frequently asked questions<\/a><\/li>\n<li><a href=\"#iletisim\">Consultation request<\/a><\/li>\n<\/ol>\n<\/details>\n<section id=\"nedir\">\n<h2>What Is an Action for Determination of Rent?<\/h2>\n<p class=\"pm-tanim\"><strong>A rent determination action<\/strong>, is a type of action that may be brought by the landlord or the tenant, in which an increase or reduction of the current rent is sought.<\/p>\n<p>The aim here is for the court to determine the new rent. If the parties agree on the amount of rent they have set for the new rental period, an action for determination of rent cannot be brought. The action may be brought only if the parties cannot reach agreement.<\/p>\n<p>The relevant provision is set out in Article 344 of the Turkish Code of Obligations:<\/p>\n<blockquote class=\"pm-kanun\">\n<p><strong>TCO art. 344<\/strong>provides: <em>\u201cAgreements of the parties on the rent to apply in renewed rental periods are valid provided that they do not exceed the rate of change in the twelve-month averages of the consumer price index in the previous rental year. This rule also applies to lease agreements with a term of more than one year. <\/em><\/p>\n<p><em>If the parties have not made an agreement on this matter, the rent shall be determined by the judge in accordance with equity, taking into account the condition of the leased property, provided that it does not exceed the rate of change in the twelve-month averages of the consumer price index of the previous rental year. Irrespective of whether the parties have made an agreement on this matter, in lease agreements with a term of more than five years or renewed after five years, and at the end of every five years thereafter, the rent to apply in the new rental year shall be determined by the judge in accordance with equity, taking into account the rate of change in the twelve-month averages of the consumer price index, the condition of the leased property and comparable rents. The rent determined in this manner for the rental year following each five-year period may be changed in accordance with the principles set out in the preceding paragraphs.\u201d<\/em><\/p>\n<p><cite>Turkish Code of Obligations, Art. 344<\/cite><\/p><\/blockquote>\n<\/section>\n<section id=\"bedel\">\n<h2>How Is the Rent Determined?<\/h2>\n<p>In determining the rent to apply in the new period, the term of the lease agreement is decisive:<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Contracts shorter than 5 years<\/p>\n<p><strong>Where the lease agreement is for less than five years and the parties have made no agreement on the matter,<\/strong> the rent for the new period is determined by the judge on an equitable basis, taking the condition of the leased property into account, provided that it does not exceed the rate of change in the twelve-month averages of the consumer price index for the preceding lease year.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Contracts longer than 5 years<\/p>\n<p><strong>Where the lease agreement is for more than five years,<\/strong> the rent is determined by the judge without regard to whether the parties have reached agreement, taking into account matters such as the condition of the leased property, comparable rents and market rates. In determining the rent it is equitable to examine the rents of similar properties.<\/p>\n<\/div>\n<\/div>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">If the parties have agreed<\/p>\n<p>If the parties have agreed on the rent, the amount is fixed by that agreement and no rent determination action may be brought. Article 344\/1 of the Turkish Code of Obligations provides:<em> \u201cAgreements between the parties as to the rent to be applied in renewed lease periods are valid provided that they do not exceed the rate of change in the twelve-month averages of the consumer price index for the preceding lease year.\u201d <\/em>is the applicable provision.<\/p>\n<\/div>\n<\/section>\n<section id=\"sartlar\">\n<h2>Conditions of the Rent Determination Action<\/h2>\n<p>For an action for determination of rent to be brought, the 2 conditions below must be met; otherwise the action will be dismissed:<\/p>\n<ol class=\"pm-sirali\">\n<li>There must be a lease agreement between the parties. That agreement may be either written or oral; there is no requirement of writing.<\/li>\n<li>The parties must have a legal interest in bringing the action.<\/li>\n<\/ol>\n<\/section>\n<section id=\"zaman\">\n<h2>Time for Filing the Action and Effective Date of the Rent<\/h2>\n<p>An action for determination of rent may be brought at any time. If the parties want the rent to be determined by the court to apply from the beginning of the new rental period, they must have brought the action for determination of rent at least 30 days before the new rental period or notified the other party of this matter in writing at least 30 days in advance. If this occurs, the rent determined by the judge will apply from the beginning of the new rental period. The Turkish Code of Obligations does not prescribe any time limit for bringing an action for determination of rent.<\/p>\n<p>If the new rent is to apply in the new lease period, two conditions apply:<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Dava yoluyla<\/p>\n<p>The action must be brought at least 30 days before the new lease period begins.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">By formal notice<\/p>\n<p>Even if no action is brought, a formal notice must be served at least 30 days before the new lease period begins.<\/p>\n<\/div>\n<\/div>\n<p><strong>TCO art. 345<\/strong><em> \u201cAn action for the determination of the rent may be brought at any time.\u201d<\/em><\/p>\n<blockquote class=\"pm-kanun\">\n<p>\u201c<em>However, where such an action is brought at a date no later than thirty days before the beginning of the new period, or where the landlord has given the tenant written notice within that period that the rent is to be increased and the action is brought before the end of the following new lease period, the rent determined by the court binds the tenant from the beginning of that new lease period.\u201d <\/em><\/p>\n<p><cite>Turkish Code of Obligations, Art. 345<\/cite><\/p><\/blockquote>\n<p>Where the lease agreement contains no increase clause, the legislature requires one of two conditions \u2014 notice or action. In that situation the landlord may either bring an action for the determination of the rent no later than thirty days before the new lease period begins, or give the tenant written notice and bring the action before the end of the new lease period, in which case the newly determined rent will bind the tenant from the beginning of that period.<\/p>\n<p>\u201c<em>Where the agreement contains a provision that the rent is to be increased in the new lease period, the rent determined by the court in an action brought before the end of that new period likewise applies from the beginning of that period.\u201d<\/em> This paragraph provides that, where the lease agreement contains an increase clause, the action may be brought up to the end of the lease period in question.<\/p>\n<p>Under that provision, the month from which the rent takes effect is determined by the period in which the action was brought, or in which written notice of the increase was given to the tenant.<\/p>\n<\/section>\n<section id=\"mahkeme\">\n<h2>Competent Court and Venue<\/h2>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Competent court \u00b7 CCP Art. 4<\/p>\n<p>Sulh Hukuk Mahkemeleri<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Yetkili mahkeme \u00b7 HMK m. 6 ve m. 10<\/p>\n<p>The court of the defendant\u2019s place of residence; the court of the place where the immovable property is located also has jurisdiction.<\/p>\n<\/div>\n<\/div>\n<p>As to the court having subject-matter jurisdiction in a rent determination action, Article 4 of the Code of Civil Procedure provides: <em>\u201c(1) Civil courts of peace shall hear, irrespective of the value or amount in dispute: a) all actions concerning disputes arising out of a lease relationship in respect of leased immovable property \u2014 including actions for debts arising out of the lease relationship, but excluding the provisions on eviction by enforcement without judgment under Enforcement and Bankruptcy Law no. 2004 of 9 June 1932 \u2014 and actions brought against such actions,\u201d<\/em> Civil courts of peace therefore have subject-matter jurisdiction. As to territorial jurisdiction, Article 6 of the Code of Civil Procedure provides: <em>\u201c(1) The court of general jurisdiction is the court of the place of residence of the defendant, whether a natural or legal person, at the date the action is brought.\u201d<\/em> and, in addition, Article 10 provides: <em>\u201c(1) Actions arising out of a contract may also be brought in the court of the place where the contract is to be performed.\u201d<\/em> so that the court of the place where the immovable property is situated also has jurisdiction.<\/p>\n<\/section>\n<p class=\"pm-dipnot\">Related page: <a href=\"https:\/\/utuhukuk.com\/en\/ankara-lease-eviction-lawyer\/\">Lease and Eviction Lawyer in Ankara<\/a> \u2014 rent determination, rent arrears and eviction proceedings<\/p>\n<p class=\"pm-dipnot\">Related legislation: <a href=\"https:\/\/www.mevzuat.gov.tr\/mevzuat?MevzuatNo=6098&amp;MevzuatTur=1&amp;MevzuatTertip=5\" target=\"_blank\" rel=\"noopener\">Turkish Code of Obligations No. 6098<\/a> (mevzuat.gov.tr)<\/p>\n<section id=\"sss\" class=\"pm-sss\">\n<h2>Action for Determination of Rent: Frequently Asked Questions<\/h2>\n<details open>\n<summary>Who can bring a rent determination action?<\/summary>\n<div>\n<p>A rent determination action may be brought by the landlord or the tenant; its purpose is to have the court determine the rent to be applied in the new rental period.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>What conditions must be met to bring a rent determination action?<\/summary>\n<div>\n<p>According to the article, there must be a written or oral lease agreement between the parties, and the claimant must have a legal interest in bringing the action.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>When should a rent determination action be brought?<\/summary>\n<div>\n<p>Under Article 345 of the TBK (Turkish Code of Obligations), the action may be brought at any time. However, for the rent to be determined to bind the tenant from the beginning of the new rental period, the action must be brought no later than thirty days before the start of the new period, or the landlord must give the tenant written notice within that time and bring the action by the end of the following rental period. If the contract contains a rent increase clause, the rent determined in an action brought by the end of the new period also applies from the beginning of that period.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>How is the rent determined after the five-year period has expired?<\/summary>\n<div>\n<p>Under Article 344 of the TBK as cited in the article, in contracts longer than five years or renewed after five years, regardless of whether there is an agreement, the rent for the new rental year is determined by the judge on an equitable basis, taking into account the twelve-month average rate of change in the CPI, the condition of the leased property and comparable rents.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Which court has subject-matter and territorial jurisdiction over a rent determination action?<\/summary>\n<div>\n<p>Under Article 4 of the HMK (Code of Civil Procedure), the court with subject-matter jurisdiction is the civil court of peace. According to the article, the court of general territorial jurisdiction is the court of the defendant's domicile, and under Article 10 of the HMK the court where the immovable property is located also has jurisdiction.<\/p>\n<\/div>\n<\/details>\n<\/section>\n<section id=\"iletisim\" class=\"pm-form-kap\">\n<div class=\"pm-form-sol\">\n<p class=\"pm-etiket\">Consultation request<\/p>\n<h2>Do you have a question about actions for determination of rent?<\/h2>\n<p>As UTU Hukuk Dan\u0131\u015fmanl\u0131k, we provide legal representation and advisory services in the field of Real Estate Law.<\/p>\n<p>Fill in the form and we will call you. You can also contact us directly:<\/p>\n<ul class=\"pm-kanal\">\n<li><a href=\"tel:+905365931600\">+90 536 593 16 00<\/a><\/li>\n<li><a href=\"mailto:bilgi@utuhukuk.com\">bilgi@utuhukuk.com<\/a><\/li>\n<\/ul>\n<\/div>\n<form class=\"pm-form\" data-alan=\"Gayrimenkul Hukuku\" novalidate action=\"\">\n<div class=\"pm-alan\"><label for=\"pm-ad\">Full name *<\/label><input id=\"pm-ad\" name=\"ad\" type=\"text\" autocomplete=\"name\" required><\/div>\n<div class=\"pm-alan\"><label for=\"pm-tel\">Phone *<\/label><input id=\"pm-tel\" name=\"tel\" type=\"tel\" autocomplete=\"tel\" inputmode=\"tel\" required><\/div>\n<div class=\"pm-alan\"><label for=\"pm-mail\">Email<\/label><input id=\"pm-mail\" name=\"mail\" type=\"email\" autocomplete=\"email\"><\/div>\n<div class=\"pm-alan\"><label for=\"pm-konu\">Your situation in brief<\/label><textarea id=\"pm-konu\" name=\"konu\" rows=\"4\" placeholder=\"\u00d6rne\u011fin: Kirac\u0131m oldu\u011fum dairenin sahibi yeni d\u00f6nem i\u00e7in y\u00fcksek bir art\u0131\u015f istiyor, kira tespit davas\u0131 s\u00fcrecini \u00f6\u011frenmek istiyorum.\"><\/textarea><\/div>\n<div class=\"pm-bal\" aria-hidden=\"true\"><label for=\"pm-web\">Website<\/label><input id=\"pm-web\" name=\"website\" type=\"text\" tabindex=\"-1\" autocomplete=\"off\"><\/div>\n<p><label class=\"pm-onay\"><input name=\"kvkk\" type=\"checkbox\" required> <span>I consent to the processing of my personal data for this request and to being contacted.<\/span><\/label><br \/>\n<button type=\"submit\">Send request<\/button><\/p>\n<p class=\"pm-durum\" role=\"status\" aria-live=\"polite\">\n<input type=\"hidden\" name=\"trp-form-language\" value=\"en\"\/><\/form>\n<\/section>\n<footer class=\"pm-imza\">\n<div class=\"pm-imza-logo\" aria-hidden=\"true\">UTU<\/div>\n<div>\n<p class=\"pm-imza-ad\">UTU Hukuk ve Dan\u0131\u015fmanl\u0131k<\/p>\n<p>Since 2016 it has been providing legal and advisory services in Ankara in many areas, labour law in particular. <a href=\"https:\/\/utuhukuk.com\/en\/real-estate-law\/\">Our real estate law practice area \u2192<\/a><\/p>\n<p class=\"pm-uyari\">This article is for general information only and does not constitute legal advice. You are advised to consult a lawyer about your specific situation.<\/p>\n<\/div>\n<\/footer>\n<\/div>","protected":false},"excerpt":{"rendered":"<p>In a lease agreement, the parties are free to determine the rent. The parties may also seek a change in the rent to be applied for the new lease\u2026<\/p>","protected":false},"author":1,"featured_media":361,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"elementor_canvas","format":"standard","meta":{"footnotes":""},"categories":[8],"tags":[],"class_list":["post-317","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-gayrimenkul-hukuku"],"_links":{"self":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/317","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=317"}],"version-history":[{"count":5,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/317\/revisions"}],"predecessor-version":[{"id":808,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/317\/revisions\/808"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/media\/361"}],"wp:attachment":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=317"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=317"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=317"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}