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Rent Determination and Rent Adaptation Lawsuits: The 5-Year Rule and What You Should Know
Rent Determination and Rent Adaptation Lawsuits: The 5-Year Rule and What You Should Know
March 16, 2026•Av. Erencan Gülkan

Rent Determination and Rent Adaptation Lawsuits: The 5-Year Rule and What You Should Know

Recent developments in the real estate market have caused many existing rental prices to remain far below market value. This situation often leads to disputes between landlords and tenants. In legal practice, "Rent Determination" and "Rent Adaptation" lawsuits have become some of the most frequently used solutions. So what is the difference between these two types of cases and under what conditions can they be filed?

1. What is a Rent Determination Lawsuit? (5-Year Rule)

A rent determination lawsuit allows the court to determine the rental price for a new rental period when the parties cannot reach an agreement on the rent amount.

  • Main Requirement: At least 5 years must have passed since the beginning of the lease agreement.
  • Fairness Discount: While examining comparable rents, the court may apply a fairness discount considering that the tenant is an existing tenant.
  • Timing: If a formal notice is sent at least 30 days before the new rental period begins, the rent determined by the court becomes valid from the start of that rental period.

2. What is a Rent Adaptation Lawsuit?

A rent adaptation lawsuit may be filed by parties who do not want to wait for the 5-year period to expire or who face unexpected economic changes.

  • Extraordinary Circumstances: Under Article 138 of the Turkish Code of Obligations, an unforeseen extraordinary situation must occur (such as extreme inflation, currency crisis, or significant regional value increase).
  • Collapse of the Basis of the Contract: The rent must have become unbearable for one of the parties.

3. Mandatory Mediation Process

As of September 1, 2023, mediation has become a mandatory requirement in rental disputes. Therefore, before filing a rent determination or eviction lawsuit, the parties must apply to a mediator and obtain a "Non-Agreement Report" if no settlement is reached.

4. Why Should You Seek Legal Assistance?

Rental law is an area where deadlines and procedural rules must be strictly followed. Missing notification deadlines or filing the wrong type of lawsuit may lead to the dismissal of your case and may result in having to pay the opposing party’s attorney fees.

At our law office in Kartal, we provide professional legal consultancy in rental disputes with our expert team, guided by current Supreme Court decisions.