What is a Rent Determination Case? When does it open?
A rent determination lawsuit is a type of lawsuit filed between the tenant and the landlord to bring the rent in line with market conditions. Through this lawsuit, it is aimed to determine the rental fee in accordance with the rules of equity and fairness.
When is a Rent Determination Case Filed?
• To determine the new rental fee at the end of the rental agreement
• To re-determine the rental fee while the rental agreement continues
• If the rental fee is not determined in the rental agreement
• If it is thought that the rental price is not in line with market conditions
How to File a Rent Determination Case?
A rent determination lawsuit can be filed by the tenant or the landlord. The case is filed with the Civil Court of Peace in the place where the rental fee must be determined. When filing a lawsuit, the lease agreement, documents regarding the rental fee and evidence of market research must be presented.
How Does the Court Decide in a Rent Determination Case?
The court takes into account the following issues when determining the rental price:
• Rental prices of similar houses in the region
• Condition and characteristics of the real estate
• Terms of the rental agreement
• Economical situation
After examining all the evidence, the court determines a rent price that complies with the rules of justice and fairness.
What Happens After the Rent Determination Case?
The rent determined by the court is valid for 1 year from the finalization of the decision. At the end of this period, a rent determination lawsuit may be filed again.
Things to Know About Rent Determination Case:
• It is not mandatory to hire a lawyer for a rent determination case.
• Litigation expenses are covered by the winning party.
• If the rent is reduced as a result of the rent determination case, the landlord must refund the rents he has collected in excess of the past to the tenant.
