Yargıtay: Kira bedeli emsalden düşükse 5 yıldan önce de dava açılabilir
Turkey's top civil court has settled a recurring dispute over when rent levels can be challenged. The Yargıtay 3rd Civil Chamber ruled that a rent determination lawsuit does not have to wait for the five-year mark when the agreed rent sits below rates charged for comparable properties. Turkish lease law generally pegs the rent for the first five years of a contract, with later increases tied to inflation. That framework has long blocked early challenges, even where the starting price was clearly out of line with the market. The chamber's decision now carves out an exception when the rent written into the lease is significantly lower than what similar properties fetch. In practice, this means a tenant or landlord can go to court soon after signing a new lease if the price is far off comparable rates. Lower courts will take the ruling as guidance when similar disputes reach them, and more early challenges are likely to follow.
Yargıtay 3. Hukuk Dairesi, kira sözleşmesi yeni olsa bile emsalden düşük kira bedeli için 5 yıldan önce kira tespit davası açılabileceğine hükmetti.