Application for Determination of Rent

TO THE DUTY CIVIL COURT OF PEACE

[CITY]

PLAINTIFF: [Plaintiff's Name and Surname] (Turkish Republic Identity Number: …) Address: …

DEFENDANT: [Defendant Name/Institution Name – E.g.: A Municipality] Address: …

SUBJECT: Request for Adjustment and Determination of Rent

EXPLANATIONS:

1. My client, [Plaintiff's Name and Surname], has leased the property located at [Address of the Property for Rent], which is described as [Type of Property for Rent – ​​E.g., kiosk, shop, land, etc.], from the defendant, [Defendant's Name/Institution Name], pursuant to a lease agreement concluded on [Lease Commencement Date]. The lease agreement is for [Contract Term], and the monthly rent was initially set at [Initial Rent Amount] TL. The agreement stipulates that the annual rent increase rate will be [Increase Rate/Method – E.g., average of CPI + PPI, a specific percentage, etc.].
2. However, recent extraordinary economic conditions, extreme fluctuations in exchange rates, and unexpected increases in inflation have significantly altered the economic balance at the time the lease agreement was signed. This situation has resulted in the stipulated increase rate in the contract not reflecting current market conditions and comparable rental prices for the leased property, creating a disproportionate situation to my client's disadvantage.
3. Article 138 of the Turkish Code of Obligations (Excessive Difficulty in Performance) regulates the debtor's right to request the adaptation of the contract to new conditions in cases where a significant imbalance arises between the obligations due to extraordinary circumstances that occur after the conclusion of the contract. The current economic climate constitutes an extraordinary circumstance that should be evaluated within the scope of this article.
4. Similarly, in the decision of the Supreme Court's General Assembly of Civil Law dated [Decision Date] and numbered [Case No.]/[Decision No.], it was emphasized that "if unexpected developments occurring after the conclusion of a contract excessively disrupt the balance between the obligations, the contract must be adapted." This decision confirms that extraordinary changes in economic conditions constitute a justifiable reason for the adaptation of contracts. (Similar Supreme Court decisions can be added)
5. The rent my client is paying is considerably higher compared to the rents of comparable properties, and this is negatively impacting my client's business operations. Therefore, it has become necessary to file this lawsuit to have the rent adjusted and determined in accordance with current market conditions and principles of fairness.

EVIDENCE:

1. Lease Agreement
2. Turkish Statistical Institute (TÜİK) Data (Documents showing inflation and exchange rate data)
3. Appraisal reports or advertisements showing comparable rental prices
4. Supreme Court Decisions (Regarding Article 138 of the Turkish Code of Obligations)
5. Expert Examination (for determining rental price)
6. Exploration (if deemed necessary)
7. Other Legal Evidence

LEGAL GROUNDS: Articles 138, 344, 345 and other relevant provisions of the Turkish Code of Obligations No. 6098 (TBK), the Code of Civil Procedure (HMK) and related legislation.

CONCLUSION AND REQUEST:

For the reasons explained above;

1. Effective from [Lease Start Date], the monthly rent for the leased property shall be adjusted and determined taking into account current market conditions and principles of fairness
2. I hereby request and demand, on behalf of my client, that all expenses and attorney fees arising from this litigation be borne by the opposing party.