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Revised April, 2024 – Resource, Turkey iResidence
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TURKEY HOUSE RENT INCREASE RATE JANUARY 2022: RENT INCREASE ACCORDING TO CPI RATE IS ANNOUNCED
The rental growth rate became clear after the January data with the introduction of 2022. with the 2022 rent increase rate, landlords will have the right to raise the tenants living in their homes at the same rate. However, an increase in rent above the inflation rate will not have any binding effect within the framework of the law. Here is detailed information about the figures for January 2022 rent growth rate
Turkey’s rental growth rate became clear today with the rates for January 2022. Monday January 3, the rent increase rate will be calculated on the basis of the CPI. So, how much will the rent increase rate be and can the landlord get a raise on the rent increase rate? Here are the details that iResidence conveyed about this issue…
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HOW MUCH HAS THE RENT INCREASE RATE BEEN?
The rental growth rate was announced as 19.60 by the Turkstat in January. Landlords will be able to determine the rent increase according to this rate.
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THE RATE OF RENT INCREASE IN JANUARY 2022
Monday January 3, homeowners and tenants are also eagerly awaiting the inflation figure announced by the Turkish Statistical Institute (TURKSTAT) due to the indexation of Rent growth to the CPI growth rate. January 1, 2022, this figure will also determine the annual rent increase for the month of January.
The landlord readers want to know if they can ask their former tenants for an additional, mobile hike in the CPI rate due to the increase in the value of housing and the rise in rents due to the epidemic. Turkey iResidence, answered all your questions about rent this week.
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HOW WILL THE RENT INCREASE BE DETERMINED ON JANUARY 01 2022?
iResidence: With the “Law on Amendments to Tax Laws and Some Laws and Legislative Decrees” published in the Official Gazette No. 30659 dated January 1, 2019, the rate of increase in lease agreements is limited to the CPI increase rate for 5 years (for four years following the contracting year). 344 of the Turkish Code of Obligations (TCC) by regulation. the article has been amended. In real estate lease agreements, it is envisaged that the rental growth rates will be at most in the amount of the CPI average for the previous year for 12 months. However, if a lower rate of increase is provided for by the parties in the relevant agreement, the rent increase will be made at the established rate. In other words, the parties cannot determine the increase rate above the CPI increase rate, but they can decide the increase rate below the CPI increase rate. With this regulation, the rent increase is indexed to the inflation figure (CPI).
If there is an increase requirement in the lease agreement regarding the increase of rent money (CPI), an increase to be made in 2022 / January and an increase to be made based on the 12-month CPI increase average to be published in December 2021 / December will be required. However, if the 5 five-year period has passed since the beginning of the lease agreement in accordance with the law, a lawsuit may be filed in the magistrate’s court to determine the rent money in accordance with the fair rent value that occurs in the surrounding area, regardless of the increase in the CPI rate.
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CAN I GET A MOBILE RAISE?
344 Of the Turkish Commercial Code on how to increase the monthly rent money. it is described in the article. 344 of the TBK. according to the article; In the lease agreement, there is a requirement to increase the CPI or PPI. (If the PPI increase rate is also greater than the CPI) Monthly rent money for the new period for four years following the contracting year, the monthly rent money paid in the previous period will have to be determined and paid by applying the CPI increase rate to the rent money to be paid.
For example, if the monthly rent money for the period 01.01.2021-31.12.2021 is one thousand 800 TL, it is necessary to look at the CPI increase rate to be published in 2021 / December to determine the monthly rent money for the period 01.01.2022-31.12.2022. For example, if the inflation increase rate published by TUIK for 2021 / December is 18.4 percent, the CPI increase rate will start from 01.01.2022 and the monthly rent money to be paid for the period 01.01.2022-31.12.2022 will be TL 2,131.20. If the five-year period has not passed since the beginning of the transfer year of the lessor (four years after the year of the contract), the traveler may not additionally request a thousand TL increase. The lessor cannot claim an exorbitant amount of monthly rent money by claiming that the equivalent rent money in the region has increased several times over the CPI increase rate for the four years following the contracting year.
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WHAT CAN BE DONE IF THERE IS NO RENT INCREASE RATE IN THE CONTRACT?
If there is no rent increase rate in the lease agreement and before the rental period arrives, the lessor must comply with Article 345 of the TCC. according to the article, the tenant must notify the tenant of the increase will at least 30 days in advance. If the lessor files a lawsuit 30 days before the new lease period arrives without notifying the tenant of the rent increase will, the rental money to be determined will be accepted and the provision will be established in case of the lessor’s acceptance to be valid for the next period.
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CAN THE ANNUAL RENT BE CONVERTED INTO A MONTHLY PAYMENT?
If it is agreed in the lease agreement that the rental money will be paid annually in advance, the TBK’s 26. this arrangement, as a rule, will be binding on the parties. However, if the annual advance payment of the rental money between the parties has been changed to a monthly payment method, the parties must now comply with this change. If the tenant wants the annual rent paid to be changed on a monthly basis, he must request that the “annual payment of rent money” requirement in the lease agreement be changed and adapted to be “paid monthly” by the rent adaptation case that will be opened.
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IF YOU ARE GOING TO MOVE, YOU CAN FILE FOR EVICTION
My tenant’s contract ran out last September. January August, I verbally asked him to vacate the house because I was going to move in on my own. He also said he would take care of the house. Then I found out that he didn’t look at the house and constantly distracted me, and the contract was automatically renewed. I’m going to live in my own house. That’s why I want my tenant out, but my good intentions have been abused. I wonder what my legal bases are? How can I get my tenant out?
The expiration of the contract period for residential and roofed workplace rents is not a reason for eviction. In the hands of the lessor leased immovable commitment related to the evacuation if there is advance warning is sent within one month after the end of the contract period if, notwithstanding the execution process attached for a period of one month or evacuation may request release of the immovable commitment by putting Tbk 352/1. according to the article, he can also request the eviction of the real estate by filing a lawsuit in the magistrate’s court.
If there is no eviction commitment given to the lessor, the lessor is only required to comply with TBK 350/1. according to the article, due to the requirement (need), he can file for eviction within a month following the end of the renewed period in the lease agreement, which is renewed in one-year periods. However, TBK’s 353. according to the article; If the notice has been given and notified before the end of the semester, an eviction case can now be filed without being bound for a month period.
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