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DETERMINATION OF THE RENTAL AMOUNT ACCORDING TO TCO PROVISIONS NO 6098

I. IN GENERAL

In the TCO No. 6098, the provisions regarding the determination of the rental price are included under the division titled "Residential and Roofed Workplace Rents" and the determination of the rental price is not included in the division titled "General Provisions". It is not possible to file a lawsuit to determine the rental price for movable and immovable rents that do not qualify as residential and roofed workplace rents.

Even if the fixed-term contract expires by TCO 347/I for residential and roofed workplace rentals, the contract is deemed to be extended for one year under the same conditions, unless notification is made by the tenant at least 15 days in advance. The lessor may have the right to terminate the contract without giving any reason, only at the end of the ten-year extension period, provided that it gives notification at least 3 months before the end of each extension year following this period.

Under TCO 347/2, in indefinite lease contracts, the lessee can always terminate the contract, while the lessor can terminate the contract only after ten years have elapsed.

These provisions are designed to protect the tenants in residential and roofed workplace rentals. However, to equalize the interests of the lessor in the face of these compulsory extensions, the rental price must be determined in certain periods.

I. DETERMINATION OF THE RENTAL AMOUNT AT THE BEGINNING OF THE RENTAL AGREEMENT

There is no restriction or prohibition in terms of determining the rental price for the first time by the parties at the beginning of the rental agreement in residential and roofed workplace rentals. This is also a requirement of the principle of freedom of contract. When the parties make the rental agreement, the rental price; can determine freely, provided that there is no disability of will, excessive injury, or violation of morality and law.

II. DETERMINATION OF THE RENTAL AMOUNT IN RENEWED LEASES

1. Generally

3. The bail debt is a money debt.

Under article 347 of the TCO for residential and roofed workplace rentals, even if there is a fixed-term rental agreement, this agreement does not automatically terminate at the end of the period; If the tenant does not notify at least 15 days before the end of the period, it is extended for 1 year under the same conditions. The lessor obtains the right to terminate the contract without giving any reason, only after the 10-year extension period. Even if the lease is for an indefinite period, the lessor cannot terminate this contract for 10 years without giving any reason.

In this way, the price determined by the parties at the beginning cannot be expected to remain constant in the lease agreement, which may last for years. Therefore, inflation, etc. over time. The problem of determining the rental price, which varies according to various criteria, arises. However, the principle of freedom of contract has been limited by the legislator in determining the rental price in extended rental periods. The freedom of contract in determining the rental price is related to the determinations at the beginning of the rental agreement, and some provisions have been introduced to protect the tenant in the determination of the rental price in the following rental periods.

The principles regarding the determination of the rental price are regulated in Article 344 of the TCO. Rent; It is determined according to different principles in terms of whether the increase rate is determined in the contract between the parties, the lease contract is for more than 5 years, or the lease contracts renewed after 5 years, the lease agreements in which the rental price is determined in foreign currency.

2. Determination of the Rent Increase Rate by the Parties in the Contract

TCO item According to 344/I, “The agreements of the parties regarding the rental price to be applied in the renewed rental periods are valid provided that they do not exceed the increase rate in the consumer price index in the previous rental year.”

The parties may determine the annual increase in the rental price in the period following the first year in lease agreements with a duration of more than one year. However, according to TCO 344/I, the consumer price index of the previous rental year was determined as the upper limit of this increased rate. If the increase rate agreed by the parties in the contract is lower than the consumer price index rate of the previous year, this rate will be valid. However, if the increase rate agreed by the parties is higher than the consumer price index of the previous year, partial nullity sanction will be in question, and the rate of increase in the rental price will be reduced to the rate of increase in the consumer price index before the entire contract is terminated. At this point, when calculating the rent increase rate according to the consumer price index, the average of the past 12 months (previous rental year) is taken as a basis, not the previous month's CPI rate. This rate is published by the Turkish Statistical Institute.

Agreements of the parties regarding the rate of increase in the rental price will be applicable not only for the first renewal year (extension year) but as long as the lease agreement between the parties continues.

If the tenant pays the rent by complying with the increase over the consumer price index rate, it may be thought that a tacit agreement has occurred between the parties, with the tenant's realization or acceptance of this payment, but this agreement is invalid in the face of the mandatory provision of the law. The lessee will be able to claim back the portion of the payment that exceeds the legal CPI rate by the provisions of unjust enrichment.

TCO item According to the last sentence of 344/I; ‘This rule also applies to lease agreements for more than one year.’ In this article, it is stated that if the contract between the parties is longer than one year, if an increase in the rental price is decided, this provision regarding the increase will be applied. According to this article, the determination of the rental price is not only an institution related to the renewal of the lease agreement. The lease agreement may have been concluded for a period exceeding one year and the rate of increase in the rental price may have been agreed upon after the expiry of one year. In lease agreements with a duration of more than 1 year, the rental price may be increased by a percentage determined every year (3%-5%), or the rental price to be paid according to years may be determined at the beginning of the contract. However, by TCO 344/I, if the rental price determined for the following years exceeds the rent determined according to the consumer price index ratio of the previous year, the rental price will be reduced to the consumer price index ratio. For example, in a 2-year lease agreement, if the rental price is determined as 1000 TL for the first year and 1500 TL for the second year, the agreement regarding the increase in the rental price in the second year will be calculated according to the consumer price index rate of the previous rental year and if it is higher, it will be reduced to the rate in the consumer price index.

In lease agreements concluded for more than one year, although the parties have agreed on a contractual provision stating that the rental price will be increased if they do not make a record that the increase will be made every year, the Supreme Court of Appeals has stated that the existence of a contractual provision stating that the content of the contract will be increased will be sufficient and that there will be an increase every year during the contract period. decided that it should be done.

T.R. Supreme Court 3rd Law Office, E. 2003/14177, K. 2003/14243, T. 11.12.2003

The court decided to reject the lawsuit because the lease agreement is for five years, there is no stipulation in the agreement that the rent will be increased every year, the notice regarding the rent increase was not sent and the lawsuit was filed after the new period started. The starting date of the lease agreement between the parties is 15.09.2000 and its duration is five years. In the 5th article of the Special Conditions section of the lease agreement, it is stated that "the rent increase will be the highest inflation rate announced by the Chambers of Commerce and the Chambers of Industry Institutions and Organizations in Turkey or the highest increase in the exchange rate will be taken as the basis for the rent increase rate".Such a condition in the contract brings the burden of increasing the rental amount at the rate agreed in the contract, without the need for a warning, during the rental period. The aforementioned provision of the contract should not be interpreted as that the rental fee will not be increased for five years, since it does not contain a clear record that the increase will be made every year.

What will happen if the tenant does not comply with this agreement and continues to pay the rent in the previous period, even though an agreement has been made between the parties regarding the rental price to be applied in the renewed period? According to Özen, since the amount of increase required in this case is determined by the contract, there is no need to file a lawsuit to the determination of the rental price. The rental price has increased automatically according to the increase rate determined in the contract or (if the increase rate specified in the contract is higher than the consumer price index of the previous year) it has also increased automatically according to the increase rate in the consumer price index of the previous year. For this reason, if the tenant does not comply with the rental price increase made by the contract, a lawsuit will be filed against the tenant for the performance of the rental price based on the contract. For this reason, if the tenant does not comply with the rental price increase made by the contract, a lawsuit will be filed against the tenant for the performance of the rental price based on the contract. If it is also taken into account that the agreed performance time for the rental fee is mostly a fixed term, the lessee will default without the need for a warning. For this reason, if requested, the judge will also award default interest for the underpaid rent.

8th DEPARTMENT OF LAW OF JUDICIARY, M. 2017/1612, K. 2017/4523, T. 28.3.2017

The case concerns the removal of objections to the proceedings initiated for the collection of rent receivables and requests for eviction. Taraflar arasında 3 yıl süreli kira sözleşmesi hususunda uyuşmazlık bulunmamaktadır. With the special conditions article of the lease agreement, “1. The annual WPI+PPI/2 rate will be taken as the basis for the rent increase after the end of the year”. This condition is valid and binds the parties. In this case, the court should determine the monthly rent and the rent increase difference in line with the contract provision, not exceeding the PPI increase rate, taking into account the provision of Article 344 of the TCO, and it should be decided to remove the objection over this amount...

If an increased rate has been agreed in the lease agreement, the lessor will be able to make a claim, together with the default interest, for the parts of the rent that are underpaid after the new period, regardless of when he has filed the lawsuit (within the statute of limitations). For this, there is no need to file a lawsuit or give a written warning to the tenant within at least 30 days from the beginning of the new period. Because this case is not a case of determination of the rental price, but a case of performance.

3. Failure of the Parties to Determine the Rent Increase Rate in the Contract

If the rent increase rate has not been determined between the parties, TCO m. According to 344/2; The rental price will be determined by the judge, on the condition that it does not exceed the increase rate in the consumer price index of the previous rental year, by taking into account the situation of the leased person.

In cases where the rent increase rate is not determined in the contract, the new rental price will be determined by the judge upon the lawsuit being filed. While the judge determines this price; will take into account the situation of the leased property, look at the precedent values ​​in the region, and make a fair decision in the light of all these. However, while making this decision, the judge will not be able to judge more than the rate of increase in the consumer price index of the previous year. However, while making this decision, the judge will not be able to judge more than the rate of increase in the consumer price index of the previous year. If there is no provision that the rental price will be increased in lease agreements with a duration of more than 1 year unless the parties have agreed on an increased rental price in terms of rental years, TCO art. According to 344/II, it is not possible to determine the rental price. For example, if an increased rate or amount of the rental price is not agreed upon by the parties in a three-year lease; During the three-year contract period, no increase can be made in the rental price. If it is prolonged under 347, then the increase in the rental price in the renewed rental period is TCO m. It can be done according to the provisions of 344/II. If the parties have decided to increase the rent in a lease for more than 1 year, but have not determined a rate or amount, TCO m. According to 344/II, it will be possible to determine the rental price.

4. Determination of Value in Lease Contracts for More than 5 Years or Renewed After 5 Years

TCO item according to 344/III, 'Regardless of whether an agreement has been made by the parties on the determination of the rental price; In lease agreements for more than five years or renewed after five years, and at the end of every five years thereafter, the rental price to be applied in the new rental year is equitably determined by the judge by taking into account the increase rate in the consumer price index, the condition of the leased property and the comparable rental values.'

Under this provision, while the rental price is determined by the judge; the condition of the leased property (environmental location of the leased property, whether it is a workplace with commercial potential, proximity to transportation, etc., age of the leased property, size, etc.), A determination will be made based on equity, taking into account the comparable rental prices and the rate of increase in the consumer price index of the previous year. While determining the rental fee, the qualities of the place subject to the lawsuit, the rental fees in the region, the rental agreements should be examined comparatively and the rent money that can be brought in case of release of the place in question should be calculated by the expert, and a suitable price should be determined by the judge, taking this rental money into the account. But here the judge is not bound by the rate of increase in the consumer price index of the previous year, he can also apply a higher rate of increase.

The fact that the parties have determined or not determined the rate of increase in the rental price in the contract, whether the rental contract is for a definite or indefinite period will not make any difference in terms of the implementation of this provision. Based on this article, the determination of the rental price may be requested from the judge for the 6th rental period. As it is clearly stated in the provision, a rental determination may be requested by this provision, not only after the first 5 years have expired, but after the expiration of every 5 years. In this case, TCO 344/III will be able to find an application area for the 6th rental period with the completion of the first 5 years, the 11th rental period after the completion of the first 10 years, and in this way to determine the rental price by the current rate every 5 years.

If the parties demand the determination of the rental price at the end of the 7th rental year, for example, not at the end of the 5th year, and the determination is made accordingly, the case for the determination of the rental price according to the current value for the second time by the TCO 344/III can be filed 5 years later, that is, at the end of the 12th rental period.

For this provision to be implemented, the initial lease agreement doesn't need to expire. As it is clearly stated in the wording of the provision, it will apply regardless of the duration of the fixed-term contract between the parties or how many times the contract is renewed until the end of the fifth year. TCO for the sixth year of the contract, in case of a lease with a term of more than five years. m. It may be requested to determine the rental price according to 344/III. Even if the contract period has not expired, the five-year period has passed TCO İTEM it is sufficient to request detection according to 344/III.

TCO item in the last sentence of 344/III, it is regulated that the rental price determined within the framework of the above principles can be changed by the principles in the previous paragraphs in the next five years. With this regulation, at the end of 5 years, TCO item the rental price determined by 344/III, in the following periods, again in TCO item 344/I or m. It is also stipulated that it can be increased within the framework of the principles in 344/II.

5. Determination of Value in Rental Agreements Decided in Foreign Currency.

Under TCO 344/IV, 'If the rental price is determined in foreign currency in the contract, no change can be made in the rental price until five years have passed, without prejudice to the provisions of the Law No. 1567 on the Protection of the Value of Turkish Currency dated 20/2/1930. However, the provision of Article 138 of this Law, titled “Excessive difficulty in performance”, is reserved. After five years, the provision of the third paragraph is applied, taking into account the changes in the value of the foreign currency, in the determination of the rental price.’

If the rental price is determined in foreign currency, then no change can be made in the rental price for five years from the beginning of the rental agreement. After 5 years, taking into account the changes in foreign currency in the determination of the rental price, TCO item by 344/III, an equitable determination will be made by taking into account the index increase rate, the condition of the lessee, and the comparable rental prices.

In cases such as non-compliance with this regulation and the tenant's paying the rent by increasing, the dummy agreements made due to the imperative of the provision are invalid, and the tenant may request the extra part paid by the provisions of unjust enrichment.

However, due to the amendments made in the Law on the Protection of the Value of the Turkish Currency, determining the rental price in foreign currency or foreign currency indexed is prohibited in many cases. Therefore, the scope of application of the provision is very limited.

Determination of the rental price in foreign currency or indexed to foreign currency, 'with the exceptions determined' by adding the 'g' clause to the 4th article of the Presidential Decree No. 85 dated 12.09.2018 and the Decision No. 32 on the Protection of the Value of Turkish Currency prohibited. With the Provisional Article 8 added to the Decision No. 32 on the Protection of the Value of Turkish Currency for the lease agreements concluded before the effective date in the relevant regulation and progress, within thirty days from the date of 13.09.2018, when the Decision entered into force, the rental price 'with the specified exceptions' shall be reimbursed by the parties in Turkish obligation to be determined as money.

Then, with the communiqué dated 6 October 2018 and numbered 2018-32/51, the exceptions and details of the restrictions on the determination of contract prices in foreign currency were explained. With the communiqué dated 16. November 2018 and numbered 2018-32/52, the scope of the exceptions regulated in the 8th article of the first communiqué was expanded.

In this case, it is possible that the contract price and other payment obligations arising from these contracts can be determined in foreign currency or indexed to foreign currency in the contracts to which the following persons are a party as lessee. However, apart from these exceptions, it is prohibited to determine the rental price in foreign currency or indexed to foreign currency. Exceptions;

• Persons residing in Turkey who do not have citizenship ties with the State of the Republic of Turkey,

• Foreign residents in Turkey; branches, representative offices, offices, liaison offices, companies that directly or indirectly have 50% or more shares or joint control and/or control,

• Companies in free zones within the scope of their activities in the free zone,

As a result; Foreigners who do not have the citizenship of the Republic of Turkey, companies with foreign capital holding more than 50% of the shares, and the rental agreements in which the companies located in the free zones are tenants can be determined in foreign currency or indexed to foreign currency.

With the 28th paragraph of the 8th article of the communiqué dated 16 November 2018 and numbered 2018-32/52, the principles of how the rental price will be determined in Turkish currency have been determined with the contracts in which the rental price is determined in foreign currency for residential and roofed workplace rentals. Accordingly, in residential and roofed workplace rental agreements concluded after 13.09.2018, the rental price cannot be determined in foreign currency, except for the exceptions explained above. For residential and roofed workplace rental agreements concluded before 13.09.2018 and the rental price of which is determined in foreign currency, the rental price will be converted into Turkish lira. There is no problem when the rental price is converted into the Turkish lira if it is agreed upon by the parties. However, if an agreement cannot be reached between the parties, the Turkish lira equivalent of the rental price, foreign currency, or the amount indexed to foreign currency, is calculated using the effective selling rate of the Central Bank of the Republic of Turkey dated 02.01.2018, is determined by TURKSTAT every month from 02.01.2018 to the date when the rental prices are re-determined in TL. It will be determined by increasing the monthly rate of change in CPI determined and announced for. . If the parties cannot agree on the rental price in Turkish Lira for the next rental year (second rental year), the rental price will be determined by increasing the rental price valid in the previous rental period based on the monthly CPI change rates, and the determined Turkish lira The rental fee will be valid until the end of the aforementioned two-year period.

With Law No. 7161 on the Amendment of Tax Laws and Some Laws and Decrees, which entered into force on 18.01.2019 …. Finally, TCO art. In the fourth paragraph of article 344, an additional statement was introduced to the regulation that stipulates the determination of rental prices in foreign currency, stating that the provisions of the Law on the Protection of the Value of Turkish Currency dated 20.02.1930 and numbered 1567 will be reserved. This regulation entered into force as of 01.01.2019

6. In Cases where the Tenant is a Merchant, Public or Private Law Entity, TCO m. 343 and m. The Problem of Postponing the Implementation of the 344 Provision for 8 Years

TCO art. According to the provisional Article 2 of Law No. 6217, provision 344 could not be applied for eight years (until 1 July 2020) from 01.07.2012. In this case, if there is a provision in the rental agreement regarding the determination of the rental price due to the freedom of contract, the provisions of the rental agreement will be applied; If there is no provision in the lease agreement, the provisions of the abolished TCO No. 818 will be applied.

However, the provisional article 2 of Law No. 6217 on 17.01.2019, 'The provision that the rate of change in the consumer price index in article 344 of the Law No. 6098, amended by the Law establishing this paragraph will be taken as a basis, according to the twelve-month averages, has been added to the lease agreements within the scope of the first paragraph. The provision "applicable in the renewal of lease agreements" has been added and this provision has entered into force as of 01.01.2019

According to this regulation, TCO item the provision in 344, which states that the rate of change according to the 12-month averages in the consumer price index will be taken as a basis, is also applied in workplace leases whose tenants are considered as merchants according to the TCC, private law, or public law legal entities, and in the renewal of other concluded lease agreements. With this provision, without waiting for the date of 01.07.2020 in terms of lease agreements where the lessee is the persons who are considered as merchants by the TCC and legal entities of private law and public law, the TCO art. It has been regulated that the CPI condition in the 344 provisions will be applied.

III. CASE OF DETERMINATION OF THE RENTAL AMOUNT

1. In General

Rent determination case TCO item edited in 345. According to the article, “A lawsuit regarding the determination of the rental price can be filed at any time.” The rent determination case is about determining what the rent money will be for a rental year. As a result of the lawsuit, only a determination decision is made regarding the determination of the monthly rental price, no judgment can be given regarding the collection of the determining rent. Since the lawsuit does not have the nature of performance, interest cannot be demanded and interest cannot be awarded in the rent determination lawsuit. Since there is no order of execution in the determination provision, it cannot be put into execution using a writ of execution.

For the time for the performance of the rent difference receivable to come, the determination provision in the rent determination case must be finalized. This issue was explained in the Supreme Court's 1979 decision to unify the jurisprudence.

T.R. SUPREME COURT İBGK, M. 1979/1, K. 1979/3, T. 12.11.1979

‘For the rent difference receivable determined by the court decision regarding the determination of the rent to be deemed to be fulfilled, it is not sufficient only that the time has come when the creditor can ask the debtor to perform, but that the decision must also be finalized...'

With the finalization of the rent determination provision, the rent difference receivable will become due. With the finalization of the court decision, default interest will be applied to the rent difference receivable without the need for a separate warning. In addition, if the rent difference is not paid as of the finalization of this price, if the conditions are met, an eviction lawsuit may also be in question. According to the 1995 Supreme Court Judgment Merging Decision regarding when the interest will be charged for the difference between the new rental price and the old rental price, which is determined by the court decision, interest can be charged from the date the rent determination decision is finalized.

T.R. SUPREME COURT IBGK, E. 1994/2, K. 1995/2, T. 24.11.1995

'On the rent difference receivable, which became evident with the court decision regarding the determination of the rent, interest should be charged from the date of the finalization of the rent determination decision, without the need for a further warning.'

As a rule, rent determination lawsuits can be filed at any time without warning. However, the notification of the notice or lawsuit petition to the tenant is important in terms of determining the date on which the rental money will be valid in the rent determination lawsuit to be filed. The purpose here is to announce to the tenant that the new term rental fee will be determined by the judge if an agreement cannot be reached and to provide the right to prevent the legal extension of the rental agreement to the tenant, who will find the rental amount more than the judge's discretion.

If there is more than one person as a tenant in the rental agreement, the enmity should be directed to each tenant and the will to increase the rent should be conveyed to all of them since there is an obligatory litigation partnership. Rent determination cases; can be opened by the lessor, the lessee, and the owner of the real estate. This issue was also stated in the Supreme Court's Decision to Unify the Judgment dated 18.11.1964.

T.R. SUPREME COURT İBGK, E. 1964/2, K. 1964/4, T. 18.11.1964

‘There may be a lawsuit for the determination of the rental money and its collection from the tenant, or a lawsuit may be filed by the lessor or the lessee and only targeting the determination of the rental money.’

T.R. 6th DEPARTMENT OF LAW OF THE JUDICIARY, E. 2014/8189, K. 2014/9605, T. 10.09.2014

According to the Supreme Court's Decision to Unify the Jurisprudence dated 18.11.1964 and numbered 2/4, it has been accepted that the tenant can also file a determination lawsuit. For the lessee to request a determination by reducing the rental price, changes in the area or other characteristics of the leased property, the change in the purchasing power of money, the coefficient in civil servants' salaries, and the minimum wage changes in workers' wages, which cause the rental price to decrease beyond the ordinary market value in the period subject to the lawsuit, must be determined by the tenant. It should be stated that it affects the rent money in favor of it.

2. In the case that there is no provision in the Rental Agreement regarding the Rental Price to be increased in the New Term

TCO item according to 345/2, 'However, if this lawsuit is filed at the latest thirty days before the start of the new period or until the end of the following new lease period, provided that the lessor has given a written notification to the lessee that the rental price will be increased within this period, The rental price to be determined by the court binds the tenant from the beginning of this new rental period.'

If the petition regarding the lawsuit is filed before the end of the rental period or the notification regarding the rent increase made to the tenant is delivered to the tenant before the end of the rental period, 30 days before the end of the rental period, the tenant will be notified from the beginning of the new rental period, even if the decision to increase the rent is made later ties. Otherwise, the decision to increase the rental amount can only be made valid for the next rental period. It is not sufficient to file a lawsuit or make notification within this period, and the petitioner or notification notice must be notified to the tenant.

Under the JUDICIARY JUDGMENT MERGER DECISION NO 19/10 DAY 21.11.1966, the notification date of the notice sent regarding the increase of the rental price or the petition of the lawsuit filed for the same purpose is important in terms of determining the period in which the rental money to be determined will be valid.

T.R. JURISDICTION 3rd LAW OFFICE, E. 2017/12034, K. 2018/5409, T. 17.5.2018 ‘According to the Y.İ.B.K. dated 21.11.1966 and numbered 19/10, a lawsuit for determination of the rental price can be filed at any time. However, the notice sent regarding the increase in the rental price or the notification date of the lawsuit petition in the lawsuit filed for the same purpose is important. As adopted by the aforementioned jurisprudence, at least one of these notifications must reach the addressee until 15 (30 days under Article 345 of TCO 6098) days before the beginning of the period for which determination is requested. Otherwise, no determination can be made for the period in which the lawsuit was filed.'

SUPREME COURT 3. HD, E. 2017/8904, K. 2019/5582, T. 19.06.2019 'If there is a rental increase condition in the contract, a lawsuit can be filed until the end of the period for which the determination is requested, without the need for a warning. The case must be filed by the end of the term with the notification of the petition or the warning that the rent will be increased with a warning 30 days before the start of the term.

If the leased property changes hands after notification to the lessee of an increase in the rental price, this notification will also apply to the new owner and will bind the lessee. Because unless a new contract is made between the new owner and the tenant, the provisions of the old contract will continue.

3. In case there is a provision in the contract that the rental price will be increased in the new rental period

TBK m. Under 345/3, 'If there is a provision in the contract that the rental price will be increased in the new rental period, the rental price to be determined by the court in the lawsuit to be filed until the end of the new rental period will also be valid from the beginning of this new period.'

The phrase "if there is a provision in the contract that the rental price will be increased in the new rental period" in this article should be clarified. If there is a provision in the rental agreement regarding the rate at which the rental price will be increased in the new rental period, it will not be necessary to file a lawsuit for the determination of rent, since the rental price will automatically increase by this rate specified in the agreement, provided that the rental price does not exceed the consumer price index rate of the previous year. The situation stated in the article is that there is a lump sum and general provision that there will be an increase in the rental price in the new rental period, but this does not show the increase rate. In this case, the rent amount determined as a result of the rent determination lawsuit filed will be valid from the beginning of the new rental period, without the need to file a lawsuit or make a written notification 30 days in advance regarding the increase in the rental price. If the tenant does not want an increase due to this general provision, 30 days before the start of the new rental period, he must make a statement to prevent the extension of the lease agreement without waiting for a warning once again. Otherwise, the rental price to be determined as a result of the lawsuit will be valid from the beginning of the period.

4. Competent Court

Law of civil courts item 4, all disputes arising from the lease contract are among the duties of the civil courts of peace. Therefore, the rent determination lawsuit will also be filed in the civil courts of peace.

5. Authorized Court

Law of civil courts item under 6, 'The court of general jurisdiction is the court of the domicile of the defendant real or legal person on the date of the lawsuit.'

Since there is a dispute arising from the contract in the case of rent determination, in addition to the general authority rule, the law of civil courts item ıt will find 10 application areas. The law of civil courts item under 10, 'Contractual lawsuits may also be brought before the court of the place where the contract will be executed.' If the parties have not decided on a special provision regarding the place of performance of the contract, the court of the lessor's place of residence will be authorized to hear the case, as the court of the place of performance of the contract, since there is a monetary debt that can be taken out under the provisions of TCO 89.

In addition, if both parties to the lease agreement are merchants or public legal entities, it is possible to conclude an authorization agreement by complying with the conditions in The law of civil courts 17-18, and in this case, the case can only be filed in the courts authorized by this agreement.

SOURCE

Eren, Fikret, Law of Obligations Special Provisions, Ankara 2016

Özen, Burak, Conditions of the Contract Regarding the Rental Price Increase and Distinguishing the Rental Price Increase in accordance with the Agreement from the Rental Price Increase as a result of the Lease Determination Litigation, Prof. Dr. Gift to Cevdet Yavuz, p. 2033-2062

Öztürk, Gizem, Lease Determination Case and its Principles, TBB Magazine, 2017, p. 229-260

Zevkliler, Aydın; Gökyayla, Emre, Law of Obligations Private Debt Relations, Ankara 2015.

Yavuz, Nihat, Commentary on the Turkish Code of Obligations No. 6098, Volume II, Ankara 2013.(Annotation)

Yavuz, Nihat, Rental Law, Ankara 2019.(Rent)