Although the lease relationship is one of the most common legal relationships in everyday life, it is a technical area that can seriously wear the parties down once it turns into a dispute. The leasing of a residence or a workplace may look like a simple agreement, yet deep disagreements can arise between the parties on matters such as an increase in the rent, the termination of the contract, eviction, the return of the deposit or the non-payment of the rent. The great majority of these disputes are resolved within the framework of the provisions of the Turkish Code of Obligations No. 6098 (Türk Borçlar Kanunu) relating to leases of residences and roofed workplaces. As Av. Aydın, we provide our clients with support at every stage, from the formation of the lease contract through to its termination. Setting the process up correctly from the outset with an experienced Izmir tenancy lawyer both prevents losses of rights and ensures that the dispute is resolved in a more predictable manner.
Our Services as a Tenancy Lawyer
Tenancy law is a broad field encompassing the general provisions of the Turkish Code of Obligations on the lease contract, together with the special rules specific to leases of residences and roofed workplaces. The service we provide in this area is not limited to eviction actions alone; it covers every dimension of the dispute, from the determination and adaptation of the rent to the collection of a receivable and the drafting of the contract. An Izmir tenancy lawyer, whether the party is the landlord or the tenant, must have a command of both the substantive law and the rules of procedure. Our main types of cases and transactions are the following:
- Eviction action for default (non-payment): Where the tenant fails to pay the rent, this is the action brought for the eviction of the leased property once the notice and time-limit conditions laid down in the law are met. The process begins with a properly served notice (ihtarname).
- Eviction action on grounds of need: This is the eviction action brought where the residence or workplace needs of the landlord themselves, their spouse, their descendants, their ascendants or the persons they are legally obliged to support become compelling. The need is required to be genuine, sincere and compelling.
- Eviction action based on an undertaking to vacate: Where the tenant undertakes in writing to vacate the leased property on a specific date, this is the eviction action brought, or the enforcement proceedings initiated, on the basis of that undertaking.
- Eviction on grounds of reconstruction and development: This is the eviction process that arises where the leased property needs to be reconstructed or substantially repaired, extended or altered, and its use becomes impossible during these works.
- Rent-determination action: Where the parties cannot agree on the rent, this is the action brought for the equitable rent to be established by the judge. It is a route frequently resorted to, especially in long-term lease relationships.
- Rent-adaptation action: This is the action brought seeking the adaptation of the rent to current conditions on account of extraordinary and unforeseeable circumstances arising after the formation of the contract.
- Rent receivables and enforcement proceedings: This is the process of collecting unpaid rent and the related receivables through enforcement proceedings without a judgment (ilamsız icra) or by way of an action. The aim is for the landlord to recover their receivable as quickly as possible.
- Preparation of an undertaking to vacate: This is the drafting of a valid and enforceable undertaking to vacate in accordance with the proper form, so that no problems are experienced later on.
- Deposit-return disputes: This is the resolution of disagreements arising, after the end of the lease relationship, over the return of the security amount (the deposit) or the set-off of damage costs.
- Tenant and landlord disputes: This is the legal resolution of disagreements arising on a wide range of matters, such as defects in the leased property, necessary repairs, conditions of use, neighbourly relations and breach of contract.
- Notice and mediation: This is the service of a proper notice on the party before an action is brought, and the conduct of the compulsory mediation process that has become a condition precedent to litigation (dava şartı) in tenancy disputes.
- Drafting of residential and commercial lease contracts: This is the correct drafting, from the outset, of clear and enforceable lease contracts that balance the interests of the parties. A well-drafted contract forestalls the great majority of disputes that might arise later.
- Transfer of the lease and subletting: This is the assessment of the conditions relating to the transfer of the lease relationship to a third party and the subletting of part or all of the leased property, and the review of conformity with the contract.
- Legal advice: This is the regular advisory service provided so that the correct steps are taken at the stages of forming, sustaining and terminating the lease relationship.
In all of these types of cases and transactions, an Izmir tenancy lawyer, whether on the side of the landlord or the tenant, must have the accumulated knowledge required to protect the party's rights and to conduct the process in conformity with the proper procedure. As Av. Aydın, we believe that being able to assess the file from both perspectives provides a significant advantage in seeing the true dynamics of the dispute and in determining the most appropriate route to a solution.
Termination of the Lease Contract and Grounds for Eviction
The termination of the lease contract and the eviction of the leased property are among the matters that give rise to the most disputes in tenancy law. The Turkish Code of Obligations has adopted an approach protective of the tenant in leases of residences and roofed workplaces; the landlord may therefore terminate the contract only on the grounds exhaustively enumerated in the law. A correct understanding of these grounds is of great importance in knowing which route may be resorted to and under what conditions.
Grounds Arising from the Landlord
The landlord may seek the eviction of the leased property where certain conditions are present. Foremost among these is need (gereksinim): the landlord may bring an eviction action where a necessity to use the leased property arises on account of the residence or workplace needs of themselves, their spouse, their descendants, their ascendants or the persons they are legally obliged to support. Here the need is required to be genuine, sincere and compelling; a merely token allegation of need is not accepted. Another ground is the reconstruction or substantial repair of the leased property; these works must render the use of the leased property impossible. Moreover, a new owner who subsequently purchases the leased property may seek eviction for the need of themselves or their relatives, by complying with the period and procedure laid down in the law.
Grounds Arising from the Tenant
The tenant's failure to fulfil their obligations may also constitute a ground for eviction. The situation most frequently encountered is default on account of the non-payment of the rent; if the tenant does not pay the rent, an eviction action may be brought following the notice with a time limit laid down in the law. Another important ground is the tenant's late payment of the rent debt in a manner that gives rise to two justified notices within a single lease year; in that case an eviction action may come onto the agenda at the end of the lease year. Moreover, the use of the leased property by the tenant or the persons living with them in a manner contrary to the contract, or the grave breach of their obligations towards the neighbours or the landlord, may also lead to the termination of the contract. An Izmir tenancy lawyer meticulously assesses which ground is to be relied on by which procedure and whether the necessary notice conditions have been met.
Rent Increase, Its Limit and Adaptation
The rate by which the rent may be increased in each renewal period is one of the matters of disagreement most frequently experienced between the tenant and the landlord. The Turkish Code of Obligations aims to balance the interests of the parties by setting a limit on the rent increase. Accordingly, agreements relating to the increase of the rent in the renewed period are valid on condition that they do not exceed the rate of change according to the twelve-month averages in the consumer price index (TÜFE) for the previous lease year. This limit applies even where the parties have agreed a higher rate in the contract; that is, increase agreements above the statutory limit are reduced to that limit.
Where the parties have made no agreement whatsoever on the rent increase, the rent is likewise determined by the judge, not exceeding the same index rate. In lease contracts longer than five years or renewed after five years, the judge may establish the new rent without being bound by the index rate, having regard to the condition of the leased property, comparable rents and equity. It is at this point that the rent-determination action comes into play.
Knowing that the statutory limit on the rent increase cannot be exceeded both protects the tenant from excessive increases and saves the landlord from suffering a loss of rights through an invalid increase demand.
In addition, where extraordinary developments unforeseen at the time the contract was formed render the rent unbearable for one of the parties, a rent-adaptation action may be brought. The aim in an adaptation action is to bring the rent into line with the realities of the day and with equity in the face of changed conditions. This action gains importance especially in long-term commercial leases and in periods when economic conditions change rapidly. An Izmir tenancy lawyer determines the correct legal route by assessing whether the concrete conditions are sufficient for an adaptation or determination action.
Compulsory Mediation in Tenancy Disputes
An important innovation introduced in tenancy law in recent years is the application of mediation as a condition precedent to litigation (dava şartı) in a significant part of the disputes arising from the lease relationship. Accordingly, in disputes arising from the lease relationship whose subject matter is money or which include an eviction request, resorting to a mediator before applying to the court is a condition precedent to litigation. This is a condition that may lead to the procedural dismissal of the action where suit is filed directly; it is therefore of great importance that the process be conducted in the correct sequence.
The mediation process aims for the parties to come together in the company of an independent and impartial mediator and resolve the dispute by their own will. This method very often offers a faster and less costly solution than the route of litigation. Where the parties reach agreement, the settlement document drawn up may, under certain conditions, acquire the character of being enforceable like a court judgment. If no agreement is reached, the parties may resort to the route of litigation. An Izmir tenancy lawyer both makes a preparation capable of protecting the client's interests in the mediation meetings and ensures a smooth transition to the litigation process where no agreement is reached. Overlooking the technical requirements of the mediation stage may lead to losses of rights that are difficult to repair later on.
How Does the Eviction Process Work?
The eviction of the leased property is conducted by different procedures according to the ground relied on, and each route has time-limit and formal conditions of its own. Overlooking these differences may cause the process to be vitiated from the outset and lead to a loss of rights.
Where the rent is not paid, there are two basic routes. The first is the route of enforcement without a judgment (ilamsız icra) initiated by serving a payment order through the enforcement office (an eviction-request enforcement proceeding); if the tenant does not pay the debt within the statutory period and does not object, eviction may come onto the agenda. The second is the route of litigation. In disputes based on an undertaking to vacate, both the enforcement route and the litigation route may be used where a valid undertaking exists. In evictions based on grounds such as need and reconstruction, the action must be brought by complying with specific periods; for example, in fixed-term contracts the action must be brought within the periods laid down as from the expiry of the term, and in indefinite-term contracts in line with the termination period.
In every case, the proper and timely service of the notice underlying the eviction request is the foundation of the process. A procedurally defective notice or a missed time limit may cause even a well-founded request to be dismissed. For this reason, planning the eviction process from the outset in the company of an Izmir tenancy lawyer forestalls unnecessary losses of time and of rights.
Izmir Tenancy Lawyer Fees
The tenancy lawyer's fee is among the matters most wondered about at the start of the process. The most important factor determining the fee is the type of dispute, its scope and the anticipated workload. There is a significant difference, in terms of the labour and expertise required, between preparing a single notice and conducting a rent-determination case that may run for years. The table below has been prepared to offer a general framework for pricing; it does not give a definite figure but is intended to show the logic and the factors involved.
| Transaction / Type of Case |
Principal Factors Affecting the Fee |
| Preparation of a notice and an undertaking to vacate |
The nature of the document, the level of legal risk and the examination it requires |
| Eviction action (default, need, undertaking, reconstruction) |
The ground relied on, the number of hearings, the density of the evidence and the duration of the proceedings |
| Rent-determination and adaptation action |
The need for an expert and a site inspection, the search for comparables and the scope of the file |
| Enforcement proceedings for rent receivables |
The amount of the receivable and whether or not the proceedings meet with an objection |
| Conduct of the mediation process |
The number of meetings, the complexity of the dispute and the preparation it requires |
| Legal advice / preliminary consultation |
The scope of the problem and the examination it requires |
Attorney's fees may under no circumstances be set below the Minimum Attorney's Fee Tariff (Avukatlık Asgari Ücret Tarifesi, AAÜT) published each year by the Union of Turkish Bar Associations (Türkiye Barolar Birliği). This tariff secures the minimum value of the legal service and forms the lower limit of pricing. A fee to be set above the tariff is agreed freely according to the particulars of the file, the labour to be expended and the need for expertise. As Av. Aydın, once we have assessed your file at the preliminary consultation and clarified its scope, we provide transparent fee information; committing to a definite figure without examining the concrete file would not be the right approach.
It is also worth drawing attention to a distinction that is frequently confused here. The attorney's fee paid to the lawyer is the consideration for the legal service and rests on the contract between the client and the lawyer. By contrast, litigation costs are the items paid to the State or to third parties during the case, such as court fees, expert fees, site-inspection and witness expenses, and postal and service costs. These two items are independent of each other. Moreover, depending on the outcome of the case, the counterparty attorney's fee that the court may charge to the losing party may also arise; this fee is a concept distinct from the fee agreed with the lawyer. Discussing these items openly from the start when working with an Izmir tenancy lawyer forestalls surprise costs and makes the process predictable.
Who Is the Best Tenancy Lawyer in Izmir?
One of the questions most searched for online is "who is the best tenancy lawyer in Izmir". It must be stated honestly that there is no single "best" lawyer valid for every file. The correct expression is not the "best" lawyer but the lawyer most suited to the file. For every tenancy dispute has circumstances, a contractual structure, party relationships and risks of its own. A lawyer highly experienced in an eviction action may be compelled to adopt a different approach to preparation in a complex rent-determination or adaptation file. For this reason, focusing on finding the lawyer suited to the requirements of your file, rather than searching for the "best", is far healthier.
Some criteria that can be considered when choosing a good tenancy lawyer are the following:
- Experience and area of specialisation: The lawyer's accumulated experience in the field of tenancy law, and in matters close to the type of dispute in your file, is important.
- Command of the file: A good lawyer has a command of the details of the contract, the notice and time-limit conditions, and current judicial practice.
- Communication and transparency: Working with a lawyer who explains the process in an understandable way, presents a realistic picture and makes no exaggerated promises inspires confidence.
- Attention to procedure and time limits: In tenancy cases most rights are tightly bound to statutory periods and to the proper form of the notice; a lawyer meticulous on this point should be preferred.
- Commitment to professional ethics: A lawyer who makes an honest and realistic assessment, rather than one who gives guarantees such as "we will definitely win the case", should be preferred.
It should be understood that no lawyer can guarantee the outcome in advance in tenancy cases; for the judgment depends on the contract, the evidence and the court's discretion. When choosing an Izmir tenancy lawyer, preferring a lawyer who assesses your file honestly and clearly explains the possible scenarios, rather than one who promises a certain result, will be in your interest over the long term. As Av. Aydın, our approach is to avoid exaggerated promises and to determine the most appropriate route to a solution together by presenting our client with a true picture.
Points to Watch Out for in the Lease Contract
A significant part of tenancy disputes stems from contracts that were drafted incompletely or carelessly from the outset. A well-drafted lease contract, by clearly setting out the rights and obligations of the parties, forestalls the great majority of disagreements that might arise later at the very outset. It is of great importance that the rent and the time of payment be clearly stated in the contract, that the conditions relating to the increase rate be written with regard to the statutory limits, and that the amount of the security (deposit) and the conditions for its return be clearly regulated.
In addition, establishing the condition of the leased property at the moment of delivery by means of a report (tutanak) significantly reduces possible disputes over damage when the lease relationship ends. The correct inclusion of the parties' identity and contact details is necessary so that no problems are experienced in the service process. In workplace leases, the nature of the contract, the purpose of use and the determination of the term involve balances different from those in residences. An Izmir tenancy lawyer, by drafting the contract in a way that protects the parties' interests or examining it before it is signed, ensures that disputes which could later be far more costly are forestalled.
Our Approach as Av. Aydın
Tenancy law is a field in which substantive law and procedural law are interwoven, and which is extremely sensitive to time limits and formal conditions. The particular circumstances of each file, its contractual structure, the party relationships and the risks call for a different legal strategy. As Av. Aydın, we first assess the file holistically, examine the contract and the notice conditions in detail, and work from the very start of the process to forestall potential losses of rights.
We support our clients in Izmir and the surrounding region at every stage, from the drafting of the lease contract to eviction actions, and from the determination and adaptation of the rent to the collection of a receivable. Our aim is not merely to file suit; it is to determine the fastest and least wearing route to a solution according to the circumstances of the dispute. Very often a well-planned mediation process or a well-timed notice can yield a more effective result than a long lawsuit. The losses of rights most frequently encountered in tenancy files stem from procedurally defective or late notices, missed litigation periods, invalid undertakings to vacate and the omission of the mediation condition.
A tenancy dispute, because it very often concerns a value at the centre of a person's life, such as their residence or workplace, gives rise to serious anxiety. Having an experienced legal adviser at your side in this process both protects your rights and ensures that the process advances more predictably and with less wear. For any question concerning tenancy law, whether you are the landlord or the tenant, you are welcome to contact our office.
