… TO THE CIVIL COURT OF PEACE

PLAINTIFF:
Name, Surname
, Turkish Republic Identity
Number: Address:

REPRESENTATIVE:
Attorney Ferhat KÜLE
Address:

DEFENDANT:
Name, Surname,
Address:

SUBJECT: Request for adaptation of the lease agreement and equitable renegotiation of the rent due to extreme difficulty in performance . (Turkish Code of Obligations, Article 138)

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EXPLANATIONS

1. There is a valid lease agreement between the parties

My client and the defendant have a lease agreement dated …/…/20… with a duration of … years.
My client uses the leased property as a business/residence and has paid the rent regularly.

A copy of the lease agreement is attached to this application.

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2. Economic conditions have changed dramatically

From the date the contract was signed until today:

• High inflation in the country

• Excessive increase in dollar and euro exchange rates

• Post-pandemic economic contraction

• Extraordinary increase in business inputs

• Unexpected cost crises

This has fundamentally undermined the client's ability to pay .

These changes are unpredictable.

The Supreme Court's jurisprudence is also in this direction:

📌 “Extraordinary economic changes occurring after the conclusion of the contract constitute grounds for adaptation under Article 138 of the Turkish Code of Obligations.”
(Supreme Court of Appeals, 3rd Civil Chamber, Case No. 2021/3457, Decision No. 2021/5679)

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3. The conditions of Article 138 of the Turkish Code of Obligations have been fully met in this specific case

According to Article 138 of the Turkish Code of Obligations, there are four conditions for adaptation:

1️⃣ There must be an extraordinary circumstance unforeseen at the time the contract was formed.
2️⃣ This circumstance must not be caused by the debtor.
3️⃣ The fundamental balance of the contract must have been disrupted.
4️⃣ The debtor's obligation to perform must have become burdensome in a manner contrary to the principle of good faith.

In this specific case:

• The economic crisis was unpredictable

• The client is not at fault

• The rental price remained well above the market rate

• Their ability to pay has been truly shaken

Therefore, the conditions for adaptation have more than been met.

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4. The client has not achieved any results despite the warning

to the defendant by the client on …/…/20… requesting an adjustment to the rent.
However, the defendant refused to negotiate and rejected the request for adjustment.

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5. Adaptation of the Contract is a Matter of Equity

According to the Supreme Court:

📌 “If the debtor is experiencing extreme difficulty in performance, the rent must be adjusted.”
(Supreme Court 6th Civil Chamber, Case No. 2018/432, Decision No. 2018/7421)

Maintaining the current rental rate:

• It is contrary to the principle of honesty (Turkish Civil Code Article 2)

• This is contrary to the purpose of the agreement

• This makes it impossible for the client to conduct their business

Therefore, the rent should be fairly recalculated.

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LEGAL REASONS

Turkish Code of Obligations Articles 26, 97, 138, 344; Turkish Civil Code Article 2; Code of Civil Procedure; Supreme Court precedents; relevant legislation.

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EVIDENCE

• Rental agreement

• Warning notice and service receipt

• Comparable rental price research

• Expert examination

• PPI-CPI table

• Exchange rate change charts

• Financial records (decrease in turnover – increase in expenses)

• Discovery

• Witness

• All kinds of legal evidence

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CONCLUSION AND REQUEST

For the reasons stated and explained above;

➡ 1. In accordance with Article 138 of the Turkish Code of Obligations, the rent shall be adjusted in an EQUITABLE manner, taking into account the excessive difficulty of performance,
➡ 2. The adjusted rent shall be valid from the date of the lawsuit,
➡ 3. The court costs and attorney's fees shall be borne by the defendant.

I respectfully request and demand that a decision be made.

Plaintiff's Attorney
, Ferhat KÜLE
(Signature)