Recent increases in the housing market are pushing renters. There has been an increase in lawsuits when landlords have made increases above the rate of inflation. Landlords and tenants, often confronted in times of pandemic, assert their rights in court. Rising rental prices have caused an explosion of landlord-tenant lawsuits in the courts. Landlords who want new tenants file rent-fixing and eviction lawsuits against their tenants. So how long is the eviction trial? When will the rental eviction trial end? Can the tenant sue the landlord to lower the rent? Here are the details…
CAN THE TENANT BRING LEGAL ACTION TO THE OWNER TO REDUCE THE RENTAL AMOUNT?
It is reported that the ratio of rent fixing and rent eviction lawsuits heard in civil peace and enforcement courts to the total number of lawsuits increased from 10% to 20% in one year, and it is stated that he has reached the top. among the general prosecutions. It is said that if the conditions continue like this, such cases will be the main subjects of the courts for the next 1-2 years.
In Leyla İlhan’s news from Dünya newspaper, lawyer Ali Güvenç Kiraz, president of the Association of Real Estate Law, whose opinions are given in the saddle, said that the main pile of cases in the first instance courts concerns matters concerning the property of tenants. Saying that 2020 has passed with adaptation lawsuits (reduction of rental price) brought by tenants against landlords due to the pandemic, Kiraz said that in 2021, rent fixing or rental eviction brought by landlords due to the increase in inflation, the serious deterioration of the balance between supply and demand in the housing market and the lack of rental accommodation. He noted that prosecutions were at the forefront.
CAN A LEASE DETERMINATION FILE BE OPENED?
Ali Güvenç Kiraz drew attention to the completion of the 5th year of leasing. Noting that not all landlords who have completed their 5th year have reached an agreement with their tenants on the current current rent, Kiraz said those who are having difficulty removing their tenants who have not completed their 5th year have tried alternative solutions such as transferring title and filing an eviction suit for the new owner. For those whose extension period has expired, they will directly file an eviction action,” he said.
“IF CONDITIONS DON’T CHANGE, PRICES WILL NOT DROP”
Ali Güvenç Kiraz, who said that if the supply-demand balance is not established in the housing market, the current demand cannot be satisfied even if the production is done, said: “Furthermore, it seems that it is not possible for prices to return for at least 2-3 years as long as sales to foreigners continue rapidly and inflation continues in this way.”
“THE OWNER WANTS A NEW TENANT”
Mono Law’s founding lawyer, Hanife Emine Kara, explained that rising rent prices sparked landlords’ desire to evict their buildings instead of continuing contractual relationships with former tenants and re-letting them. Since the rent increase to be applied during renewed rental periods cannot exceed the rate of change according to the 12-month averages of the consumer price index of the previous rental year, landlords prefer enter into a lease agreement with a new tenant according to current values, rather than applying the legal rent increase. As a natural consequence of this situation, requests for deportation have increased considerably over the last period. »
“In this sense, we see that tenants and landlords are facing rent increases, rent price adjustments, eviction and other reasons in both residential and commercial rentals, and if they can’t resolve disputes amicably, they go to court,” Kara said, therefore, especially with enforcement proceedings records, he said. He said complaints about records, removal of opposition, cancellation of opposition and cases with request for eviction reach up to 20% among the general public. case.
ADAPTATION IN COMPANIES, INDIVIDUAL RELEASE FORWARD
Lawyer Hanife Emine Kara said lawsuits demanding the readjustment of rental prices during this period mainly concerned commercial rental contracts and between the parties to these contracts. On the other hand, Kara said that rent receivables, enforcement proceedings with eviction requests and related lawsuits are mainly due to rental housing and said: “This is seen more intensely in natural persons than in legal persons”.
WHAT NEEDS TO BE DONE?
It is recommended that tenants who have completed their 5th year meet at a common point with their landlords. Otherwise, there will be an increase even if the rent determination file takes 2 years.
For those who have not completed their 5th year, it is recommended not to make concessions compared to the average CPI over 12 months. However, if the tenant is uncomfortable with the landlord’s constant calls and does not want to live with the threat of eviction in various ways, a compromise somewhere between CPI and inflation is among the recommendations.