… 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 equitable determination of rent for a rented residential/commercial property pursuant to Article 344 and subsequent articles of the Turkish Code of Obligations .

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EXPLANATIONS

1. Ongoing Lease Agreement Between the Parties

My client and the defendant have a lease agreement dated …/…/20….
The lease for an indefinite period , and my client has been paying the rent regularly for a long time.

The address of the rented property is:
… Neighborhood, … Street, No:…, …/…

2. The current rental price is significantly below comparable prices

More than 5 years have passed since the lease agreement was signed.
During this period:

• Inflation rates,

• CPI increases,

• Rental rates in the area

It has risen extremely high.

Current rental price: … TL
Regional market rate: … TL – … TL

This situation is not fair.

3. Article 344 of the Turkish Code of Obligations must be applied

Article 344 of the Turkish Code of Obligations is clear:

📌 "If the parties cannot reach an agreement, the judge will determine a fair rent."

Furthermore, the CPI limit does not apply to lease agreements exceeding 5 years.
According to the established jurisprudence of the Supreme Court:

📌 “In lease agreements that have been in effect for 5 years or more, the CPI (Consumer Price Index) limit is not applied in determining rent; comparable rental rates are taken as the basis.”
(Supreme Court of Appeals, 3rd Civil Chamber, Case No. 2019/6140, Decision No. 2019/7451)

4. Rent Determination is for the Continuation of the Agreement

This is not an eviction case; it only the determination of future rent .

Rent determination decision:

➡ It will be effective from the start of the period in which the contract is renewed.

5. Defendant's Failure to Respond to the Notice

A notice was sent to the defendant on …/…/20… by the client requesting an update to the rent , but the defendant did not respond to this notice.

Since the parties could not reach an agreement, a court ruling became necessary.

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LEGAL GROUNDS

Turkish Code of Obligations Articles 26, 99, 344, 345; Code of Civil Procedure; Jurisdiction provisions of the Civil Court of Peace; Case law; relevant legislation.

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EVIDENCE

• Rental agreement

• Warning notice and service receipt

• Comparable rental price research

• Expert examination

• Land registry and municipal records

• Discovery

• Witness

• All kinds of legal evidence

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CONCLUSION AND REQUEST

For the reasons explained above;

➡ The rental price shall be determined fairly in accordance with the location of the leased property, comparable rental values, the economic conditions of the region, and the expert report;
➡ The determined rental price shall be valid from the beginning of the new rental period;➡
Court costs and attorney fees shall be borne by the defendant.

I respectfully request and demand that a decision be made.

Plaintiff's Attorney
, Ferhat KÜLE
(Signature)