In short
An action for determination of the rent asks how the price written in the contract will be read against the comparable rent. The statutory ceiling and adaptation are not the same door.
The block and the parcel, the starting date, and the elimination of the comparable are the face of the expert.
The ground for eviction is not the automatic extension of this judgment.
The civil court of peace is at the place of the immovable.
Related notes: adaptation of the rent.
When the landlord says "the market rose a great deal" and the tenant says "I applied the statutory limit", two separate legal paths are mixed. The statutory increase ceiling draws the ceiling of certain periods. An action for determination of the rent asks for the price to be fixed again through the comparable and the market. They are not the same thing.
This note is general information. There is no promise of an amount or of a rate. The ceiling sits on the statutory limit on a rent increase page. Here stand the condition of the action for determination, the comparable, and the difference from eviction. Inside real-property law, a lease is a relationship separate from a transfer of title.
In Ankara, housing and workplace leases show a difference of comparable according to the district and the quarter. The difference is read not by piling neighbourhood names, but with the expert and with the contract.
Which question does the action for determination ask?
The question is this: what is the current and fair rent for this immovable? The question is not eviction. The question is not how the statutory ceiling will be applied every year either. The fixing of the price again comes onto the agenda if the period and the type of contract are fitting.
In leases of a dwelling and of a roofed workplace, the statute opens the path of determination after a certain period. Five years are often mentioned in practice. The period is calculated with the start of the lease relationship and with the renewals. The calculation is not a calendar by rote. It is the fact of the contract and of the actual rent.
The sentence "the market rose", before the period has passed, speaks of the yearly increase inside the ceiling. It does not open an action for determination on every file. If it is opened, it can meet an obstacle of procedure or of the merits. In workplace leases, different provisions can be looked at according to free will and to the situation. If the separation of type is skipped, the wrong path is chosen.
How do the comparable and the expert work?
The court is not bound to the listing price the parties wrote. The expert compares the district, the floor area, the floor, the heating, the lift, the view, and the purpose of use. A flat with a high site due and a detached entrance may not be the same comparable.
A lasting improvement the tenant made can be read in their favour while the price is discussed. Conversely, leaving it without maintenance is spoken of in the opposite direction. The deposit and the maintenance due are not themselves the rent. They should not be mixed.
The comparable of Çankaya in Ankara and of Sincan is not assumed to be the same. The assumption does not make the expert unnecessary. It requires the concrete immovable. A screenshot of a listing site is not the sole evidence. If the title area and the actual number of rooms conflict, the actual use should be explained.
The statutory ceiling draws the upper limit of certain periods. The action for determination pulls the price to the comparable. The sentence "the neighbour pays more", before the five-year band has passed, speaks of the yearly increase inside the ceiling. Speaking does not open an action for determination on every file. In a workplace lease, free will and the type of contract are read apart. If the type is skipped, the wrong path is chosen.
The judgment of the new price does not put the tenant out of the door. The unpaid difference can be the subject of default and of enforcement. Eviction wants its own grounds, such as need, an undertaking, or default. If the landlord asks for both determination and eviction, the petitions should be separated clearly. A mixed request throws the court. The civil court of peace in Ankara is the kind of court of subject-matter jurisdiction. Venue is looked at for the place where the immovable is situated.
The judgment of the new price does not put the tenant out of the door. The unpaid difference can be the subject of default and of enforcement. Eviction wants its own ground of need or of an undertaking. It sits in the eviction note. An action for adaptation of the rent speaks of conditions that changed extraordinarily. This page is limited to the determination of the comparable.
From when does the judgment run?
The moment of effect is looked at for the date of the action, the period, and the statutory frame. An automatic increase covering all the years backwards is not on every file. The future period and the past period are separated. Enforcement before the decision becomes final depends on the character of the judgment. If the tenant thinks they applied the ceiling and ignores the judgment of determination, the difference can accumulate.
Subject-matter jurisdiction is the civil court of peace. Venue is looked at for the place where the immovable is situated. The expert's fee and the pace of service are according to the file. An amount is not written.
A dwelling and a roofed workplace are not squeezed into the same sentence. In a workplace lease, free will and the date of the contract are read apart. The five-year band is often mentioned in practice. The same door is not opened in every type. "The neighbour pays more", before the period has passed, speaks of the yearly increase inside the ceiling. The statutory increase ceiling is not the comparable of the determination.
The deposit is not itself the rent. The height of the maintenance due affects the comparable, but it does not, on its own, build the judgment of the rent. The tenant's improvement can be read in favour. Lack of maintenance can be read against.
The judgment does not put the tenant out of the door. The unpaid difference can give rise to default. If the landlord mixes the determination and the eviction in the same petition, the court is thrown. The comparable is not a screenshot of a listing site. If the actual number of rooms conflicts with the title area, it is explained.
Five years are calculated with the start of the rent and with the renewals. It is not a calendar by rote. It is the fact of the contract and of the actual rent. An action brought before the period has passed can be eliminated on procedure or on the merits. The separation of a workplace and of housing is read together with the date of the contract. The new price does not automatically cover all the past years. The future period and the past period are separated.
How is the comparable chosen, and how is it eliminated?
The expert does not count every listing in the same site as a comparable. The floor, the facade, the kind of heating, and the purpose of actual use are separated. A furnished short-term letting does not resemble the comparable of a long-term dwelling. In a workplace comparable, a street front and a mezzanine store are not written on the same line.
The landlord's sentence "the neighbour takes three times as much" stays weak without the contract and the title area. The tenant's sentence "I applied the statutory ceiling" does not close the action for determination on every file. The ceiling is the upper limit of certain periods. The comparable price is another question.
The moment of effect of the judgment is read with the date of the action and with the period. An automatic increase covering all the years backwards is not on every file. Enforcement before finality depends on the character of the judgment. The block and the parcel, and the starting date of the rent, should stand in the petition. A list of neighbourhoods does not stand in for the comparable.
Objection to the expert report, and the period
If the comparable in the report is a furnished daily letting, it is eliminated against a long-term dwelling. A street shop and a mezzanine store are not written on the same line. The objection is not the sentence "it seemed expensive". It is why the comparable that was eliminated should be eliminated. A comparable that is not eliminated pulls the judgment.
The five-year band is calculated with the chain of the start and of the renewal. If the chain is broken, the period can be eliminated on procedure. In a workplace lease the date of the contract affects free will. The housing ceiling does not carry the freedom of the workplace.
The judgment does not automatically cover all the past years. The date of the action and the period are separated. Enforcement before finality depends on the character of the judgment. If the tenant thinks they applied the ceiling and ignores the judgment of determination, the difference accumulates. The difference is not a ground for eviction. It can give rise to default. Eviction wants its own ground.
The height of the maintenance due affects the comparable. It does not, on its own, build the judgment of the rent. The deposit is not the rent. If the actual number of rooms conflicts with the title area, it is explained. If there is no explanation, the expert goes by an assumption. The assumption gives rise to an objection.
The civil court of peace in Ankara is the kind of subject-matter jurisdiction. Venue is the place of the immovable.
The date of the comparable lease should correspond to the period that is the subject of the action. A street rent of five years ago does not carry today's mezzanine. A comparable that does not carry is eliminated by objection even if it stays in the report. A report that is not eliminated pulls the judgment. The judgment that is pulled does not repeal the statutory ceiling. The ceiling is looked at for its own period.
If the landlord takes a chain of renewal for "a new contract", the calculation of five years slips. The slip weakens the action on procedure. If the tenant takes the action for determination for a threat of eviction, they go to the wrong door. Eviction wants its own ground. This note speaks of the comparable and of the period. The list of eviction sits on the eviction of a tenant page. If an addendum of renewal was signed, the starting date can be read according to the principal contract, not according to the addendum. The reading looks at the concrete text. If there is no text, a witness stays weak. A weak witness does not carry the elimination of the comparable. A witness who does not carry cannot confirm the street comparable in the expert report either. A comparable that is not confirmed is eliminated by objection even if it stays in the report. An eliminated comparable does not pull the judgment. A judgment that does not pull does not repeal the statutory ceiling either. The ceiling is looked at for its own period, and this note does not copy the calculation of the ceiling.
If the number of rooms conflicts with the title at the expert's inspection, a description line should be written. A conflict that is not written enlarges the assumption. The assumption is the dough of the petition of objection. If there is no dough, the report approaches becoming final. Approaching does not guarantee the result. The note of heating, of the lift, and of the facade in the inspection minutes affects the comparable. It does not, on its own, build the judgment of the rent. A note that does not build should still stand in the report. A note that does not stand leaves the objection empty. This note speaks of the elimination of the comparable. It does not copy the calculation of the ceiling.
Frequently asked questions
Does an action for determination of the rent take the place of the statutory increase?
No. The statutory limit on a rent increase speaks of the ceiling to be applied in certain periods. The detail sits on the statutory limit on a rent increase page. The action for determination takes as its subject the fixing of the rent again according to the market and to the comparable. The two paths should not be mixed in the same petition. The five-year period and the type of contract affect the path of determination. This separation applies in housing leases in Ankara too. The path is not chosen before the concrete contract and the period are examined.
Is a determination brought before five years have passed?
The statute provides a certain period and conditions for the determination of the rent in leases of a dwelling and of a roofed workplace. The five-year band is often spoken of in practice. The same sentence may not be valid in every type of contract. An action brought before the period has passed can be eliminated on procedure or on the merits. The separation of a workplace and of housing is read together with the date of the contract. "It is always brought", by rote, is wrong. The current provision and the start of the rent are checked together. This note does not give a promise of a count of days.
How is the comparable rent determined?
On most files the court asks for an expert examination. The same district, a similar floor area, the floor, the heating, and the use are spoken of as the comparable. An exaggerated price on listing sites may not, on its own, be counted as a comparable. The title and the actual use can be more reliable than the text of a listing. The tenant's improvement and the arrangement of the maintenance due affect the price. In the districts of Ankara the comparable changes neighbourhood by neighbourhood. A spam list of neighbourhood names is not in this note. A price is not said before the concrete immovable is examined.
Is determination an action for eviction?
No. Determination speaks of the price. Eviction speaks of the ending of the contract and of vacation. The grounds for eviction of need, of default, and of an undertaking sit on the grounds for evicting a tenant page. A tenant whose price is found high is not evicted automatically. The unpaid difference can run separately through default and through enforcement. A mixed petition produces the wrong kind of action. The separation of kind is essential in the civil courts of peace in Ankara too.
From when is the new price applied?
The moment of effect of the judgment is read according to the date of the action, the period, and the statutory frame. An automatic increase covering all the years backwards is not on every file. The future period and the past period are separated. Enforcement before the decision becomes final depends on the character of the judgment. This note does not write a date formula. The moment of application is not said before the concrete petition and the period are examined. Service and finality are looked at apart.
Where the rent is read from
The price in the contract, the choice of the comparable, and the objection to the expert are read side by side. A rate of increase that is not written on the file is not added. The address of the office does not choose the competent authority.
The court of subject-matter jurisdiction is, as a rule, the civil court of peace. Venue can be determined according to the place where the immovable is situated, or to the defendant's residence. For a dwelling in Ankara the competent court is looked at for the concrete address. The pace of the fee, of the expert, and of service changes according to the file. It is general information. A court name is not written by rote without the block and the parcel.
Speaking of the price in the right action
An action for determination of the rent is not an alternative to the ceiling. It is a separate path. The path depends on the period and on the type of contract. The neighbour's price in the sentence "the neighbour pays more" can be a comparable. It is not a judgment.
Konar Hukuk tells the determination on this page not with a spam list of quarters, but with the separation of the contract, of the period, and of the expert. The concrete lease and the current legislation are read together.
Conclusion
This note is for general information. The document, the period, and the procedure of the concrete event should be read separately. There is no promise of a result by rote.
A lawyer in Ankara does not write, in the determination of the rent, a rate of increase that does not stand on the file.