Five-year rule and low rent regulations remain valid in rent determination lawsuits
While emphasizing that claims about the Court of Cassation abolishing the five-year rule are incorrect, it was clarified that legal processes and rules in rent determination lawsuits remain unchanged.
It was stated that the current legal rules regarding the five-year rule and low rent lawsuits applied to residences and roofed workplaces have not changed, and that interpretations suggesting the Court of Cassation has abolished this rule do not reflect the truth.
Definition and conditions of a rent determination lawsuit
A rent determination lawsuit ensures that the rent amount in residential or roofed workplace lease agreements is re-determined through the court in accordance with current economic conditions, market values, and equity.
If the landlord thinks that the rent amount remains low despite the legal increase rate, they have the right to file a rent determination lawsuit by first fulfilling the requirement to apply to a mediator.
Five-year rule and lawsuit filing periods
There is no general rule stating that a rent determination lawsuit can only be filed after five years have passed, and if there is no CPI increase clause in the contract, it may not be necessary to wait five years.
However, since contracts generally include the CPI increase rate, it is recommended to file a lawsuit after the five-year period has expired in cases where the rent remains well below the value of the home.
Expert examination and the right to file a lawsuit
The figure requested by the landlord in court is not directly accepted; an expert examination is conducted to determine the new rent amount in accordance with regional market rates and equity.
Not only landlords but also tenants can initiate this legal process by applying to have excessively high rent amounts reduced.
Court of Cassation decisions and adaptation lawsuits
Stating that interpretations claiming the Court of Cassation has abolished the five-year rule are erroneous, it was emphasized that if the rent was not determined according to market rates in intermediate contracts, the initial contract date will be taken into account.
Additionally, it was reminded that a rent determination lawsuit and a rent adaptation lawsuit filed due to economic or extraordinary conditions are legally distinct processes.