Rental Law Attorney in Yalova: Rent Determination, Increase and Eviction Cases

In central Yalova and in the districts of Çınarcık, Altınova, Çiftlikköy, Termal and Armutlu, rental disputes have become more frequent because of rising housing demand and the gap between existing rents and comparable market rents. İLME HUKUK BÜROSU represents landlords and tenants in a balanced way within the framework of the rental provisions of the Turkish Code of Obligations No. 6098 (TBK) (Arts. 299-378).

Our Rental Law Services

At every stage, from advice before the agreement is signed to collecting compensation after eviction.

Rent Determination Actions

Determination of the rent where the index has been exceeded, or of the comparable rent after five years

• Comparable rent after five years
• CPI upper limit
• Rent determination by court expert

Rent Increase Disputes

Disputes over the CPI / 25% cap on increases and recovery of the difference

• Determining the increase rate
• Retroactive recovery
• Formal notices

Eviction Undertakings

Court actions and enforcement proceedings based on a written undertaking to vacate

• Review of the undertaking
• Handwriting and signature verification
• Enforcement proceedings

Need-Based Eviction Actions

Eviction of a home or business premises for the landlord's own use or that of close relatives

• Proving the need
• Reconstruction
• Use by relatives

Tenant Rights

Defense against eviction actions and counterclaims

• Right of renewal
• Compensation claims
• Furnished rentals

Commercial Lease Law

Commercial premises rental disputes and the special provisions that apply to them

• The ten-year limit
• Right of renewal
• Eviction from business premises

Fundamentals of Rental Law

Rental agreements are governed by Articles 299-378 of the Turkish Code of Obligations No. 6098 (TBK). For residential and roofed business premises, special provisions (Arts. 339-356) also apply, introducing mandatory rules that protect the tenant. The agreement is not subject to any formal requirement (Art. 299), but putting it in writing is of fundamental importance for purposes of proof.

Under the principle of tenant protection in residential and roofed business premises leases, even if the agreement is made for a short term such as one year, the tenant has the right to use the property for ten years (TBK Art. 347). At the end of the ten-year extension period, the landlord may terminate the agreement without giving any reason; before that period expires, however, a valid ground must be shown for eviction.

Rent Increases and the Regime After the 25% Cap

The 25% cap on rent increases applied under Law No. 7409 ended as of 1 July 2024. Since that date, TBK Art. 344 has applied again to residential rents; in renewal periods, the twelve-month average percentage change in the Consumer Price Index (CPI) published by the Turkish Statistical Institute (TÜİK) is the basis.

Basic Rules for Rent Increases:

• Residential rent: May not exceed the twelve-month average CPI rate
• Roofed business premises rent: The same rule applies (including mixed residential and ancillary-use premises)
• Agreements indexed to foreign currency: Freedom of contract applies; in residential leases, however, the CPI still may not be exceeded
• No increase clause in the agreement: The CPI rate applies in the renewal period

If the Index Is Exceeded

If the landlord demands an increase above the CPI, the tenant is not obliged to pay the difference. The tenant may object in writing and ask that the increase be brought down to the legal level. If the difference has already been paid to the landlord, an action for restitution can be brought retroactively (within the ten-year limitation period). Even if the agreement provides otherwise, this rule is mandatory in residential leases.

Rent Determination Actions (After Five Years)

Under TBK Art. 344/3, in residential and roofed business premises leases, once five years have passed, either party may ask the court to re-determine the rent. Rent determination actions are brought frequently by landlords, especially in periods when index-based increases lag behind inflation.

How the Case Proceeds

1. Mandatory mediation: As a precondition for filing, an application is made to a mediator first; if no agreement is reached, the final report opens the way to court
2. Filing the action: The action must be filed at least 30 days before the start of the rental period to be renewed
3. Appointment of a court expert: The court appoints a real estate appraiser and a real estate court expert
4. Comparable review: The rents of properties of similar size and quality in the same area are examined
5. Determination of the rent: The court sets the new rent in line with the court expert's report
6. Retroactive application: The rent determined applies from the date the action was filed

In Yalova, the gap between existing and comparable rents has grown in recent years by rates reaching 50%. Whether the action makes economic sense depends on the size of the difference between the index-adjusted rent of a home you have occupied for five years and the market rent. For details on the requirements, the comparable review and the mandatory mediation stage, see our guide to rent determination actions (in Turkish).

Eviction Actions

A tenant can be evicted only on a limited number of valid grounds (TBK Arts. 347-352). Eviction cannot be demanded merely because the rental term has expired; the agreement continues by tacit extension. The main grounds available for eviction are:

• Need (Art. 350): The landlord's own need, or that of their spouse, descendants or ascendants, for a home or business premises
• New owner's need (Art. 351): Written notice within one month of acquisition, then an action six months later (or an action within one month after the end of the contract term)
• Reconstruction or substantial repair (Art. 350/3): Extensive renovation based on a building permit
• Eviction undertaking (Art. 352/1): Based on a written undertaking to vacate
• Two justified notices (Art. 352/2): Two justified written notices for non-payment of rent within one rental year; the agreement does not end automatically, and the action must be filed within one month after the end of the rental year in which the notices were served
• Home in the same district (Art. 352/3): If the tenant owns another home suitable for living in within the same district
• Non-payment of rent (Art. 315): Rent not paid despite a 30-day payment period
• End of the ten-year extension (Art. 347): Once ten years are completed, the landlord may terminate without giving a reason

Before filing an eviction action, it is essential to serve the appropriate formal notice and to calculate the time limits correctly. A wrong time limit or the wrong ground leads to dismissal of the action, and eviction becomes impossible until the next renewal period.

Mandatory Mediation in Eviction Actions (Since 1 September 2023)

Under Art. 18/B, added to the Law No. 6325 on Mediation in Civil Disputes (HUAK) by Law No. 7445, since 1 September 2023 applying to a mediator before filing suit has been a precondition in disputes arising from rental relationships, including eviction, rent determination and rent claims. An action filed without applying to a mediator is dismissed on procedural grounds for lack of this precondition. Eviction of the leased property through enforcement proceedings without judgment under the Enforcement and Bankruptcy Law (İİK) is the exception to this requirement. From the application to the mediation office until the date the final report is drawn up, limitation periods are suspended and preclusive time limits do not run (HUAK Art. 18/A); this protection is particularly important for one-month filing deadlines. See our mediation service (in Turkish) for how the process works, and our eviction action guide (in Turkish) for all eviction grounds and time limits.

Eviction Undertakings

An eviction undertaking is a written and dated document in which the tenant undertakes to vacate the property on a specified date (TBK Art. 352/1). To be valid, it must have been given after the leased property was delivered to the tenant. Undertakings obtained at the same time as the rental agreement, and eviction clauses inserted into the agreement itself, are considered invalid.

Validity Requirements

• It must have been drawn up after delivery of the leased property (an undertaking bearing the same date as the agreement is invalid)
• The date on which the property will be vacated must be clearly stated
• It must be in writing and signed by the tenant (handwriting is not required; a signed pre-printed form is sufficient)
• It must not have been made under duress, threat or deception (TBK Arts. 30-31)

If the tenant does not vacate when the undertaking date arrives, the landlord may, within one month from that date, start enforcement proceedings or file an eviction action in the Yalova Civil Court of Peace. Enforcement proceedings without judgment based on the undertaking are not subject to the mediation requirement; if the court route is chosen, a mediator must be approached first. The eviction undertaking is the fastest eviction method and produces a result in 3 to 6 months on average.

Tenant Rights and Defense

The rental provisions of the TBK contain mandatory rules that protect the tenant to a significant degree. Tenants are protected by long-term use, the limit on rent increases, the cap on deposits (maximum three months' rent), the rules on sharing costs, and the limited number of eviction grounds.

Defenses Against an Eviction Action

• Lack of genuine need: If the landlord owns another property, or if it is proven that their real intention is to sell
• Prohibition on re-letting (Art. 355): The rule that the property may not be let to someone else for three years after eviction
• Invalidity of the undertaking: The eviction undertaking was obtained before delivery of the leased property or at the same time as the rental agreement
• Action filed out of time: The one-month preclusive filing period was missed (TBK Arts. 350, 352)
• Breach of the mediation requirement: An action filed without first applying to mediation, which is a precondition, will be dismissed on procedural grounds
• Missing formal notice: An action filed without serving a notice with the statutory period

If a tenant is evicted in bad faith, they may claim compensation calculated by reference to the former rent for a three-year period (TBK Art. 355). This right arises if, after eviction, the property is not used for the stated purpose, is sold, or is let to someone else at a higher rent.

Why Work With a Rental Law Attorney?

Rental law is a technical field in which formal procedures (notices, filing deadlines), court expert work (comparable rents) and enforcement proceedings are intertwined. A miscalculated time limit or the wrong type of notice leads to dismissal, and the tenant or landlord has to wait until the next renewal period.

İLME HUKUK BÜROSU represents clients in Yalova and the surrounding area in rent determination, eviction, deposit refund and compensation cases, drawing on more than 20 years of experience. A balanced command of both the landlord's and the tenant's perspective allows the right legal strategy to be identified for either side. We actively follow cases before the Yalova Civil Court of Peace and run enforcement office proceedings in parallel.

Frequently Asked Questions

Five years of my lease in Yalova have passed. Can I bring a rent determination action?

Yes. Under TBK Art. 344/3, in residential and roofed business premises leases, once the five-year contract period has passed, either party may ask the court to re-determine the rent based on the comparable rent value. In the Yalova Civil Court of Peace, a court expert examines the comparable rents of similar properties in the same area; the rent assessed applies retroactively (from the date the action was filed). If there is a serious gap between index-based increases and comparable rents (especially after the pandemic and high-inflation periods), this action makes economic sense.

When was the 25% rent cap lifted? How are increases made now?

The 25% cap on rent increases applied under Law No. 7409 ended as of 1 July 2024. For residential rental agreements after that date, TBK Art. 344 applies again; in renewal periods, the twelve-month average rate of the Consumer Price Index (CPI) published by the Turkish Statistical Institute (TÜİK) is the basis. If the agreement sets a different formula (for example, a foreign currency index), that applies; however, the rule that the CPI may not be exceeded in residential leases continues. In commercial leases, freedom of contract is broader.

My tenant is not paying rent. How can I have them evicted?

If rent is not paid, under TBK Art. 315 the tenant is given a written notice with a payment period of at least 30 days (for residential and roofed business premises leases); in practice, a notice served through a notary is preferred for certainty of proof. If payment is not made within that period, the agreement can be terminated and the eviction process started; for the unpaid rent, enforcement proceedings without judgment with an eviction request under the Enforcement and Bankruptcy Law (İİK) are also possible, and this route is not subject to the mediation requirement. In addition, where a tenant has given cause for two justified written notices for non-payment within one rental year, the agreement does not end automatically; the landlord may end it by filing an eviction action within one month from the end of the rental year in which the notices were served (TBK Art. 352/2). Applying to a mediator before filing an eviction action is a precondition; the case is heard in the Yalova Civil Court of Peace, and after judgment the eviction is carried out through the enforcement office.

Is an eviction undertaking valid?

Yes; it is valid if it meets the requirements in TBK Art. 352/1, and it is the fastest eviction route. The validity requirements are: (1) it must be in writing (the law does not require handwriting; a pre-printed text signed by the tenant is sufficient); (2) it must have been given after the leased property was delivered to the tenant (undertakings obtained at the same time as or before the rental agreement, and eviction clauses placed in the agreement itself, are invalid); (3) the vacating date must be clearly stated. If the tenant does not vacate on the date undertaken, the landlord may, within one month from that date, start enforcement proceedings or file an eviction action; enforcement proceedings without judgment based on the undertaking are not subject to the mediation requirement.

Can I have my home vacated so that I can live in it myself?

Yes. Under TBK Art. 350, the landlord may file an eviction action based on the need of themselves, their spouse, their descendants (children, grandchildren), their ascendants (parents, grandparents) or other persons they are legally obliged to support for a home or business premises. It must be proven that the need is real, genuine and compelling; actions brought merely with the intention of raising the rent are dismissed. Timing is critical: in fixed-term agreements, the action must be filed within one month from the end of the term (a preclusive period); in open-ended agreements, it is filed within one month from the date determined by observing the termination periods and notice periods. If the landlord has notified the tenant in writing, at the latest within this period, that they will file an action, the filing period is deemed extended for one rental year (TBK Art. 353). Mediation before filing is a precondition, and these periods do not run from the application to the mediation office until the final report. If eviction takes place, the property may not be let to anyone other than the former tenant for three years without a valid reason; otherwise, compensation of not less than one year's rent as paid in the last rental year comes into play (TBK Art. 355).

I want to live in a home I have just bought. Can I remove the tenant?

Yes. Under TBK Art. 351, a new owner who acquires the property may request eviction for their own need or that of close relatives by giving written notice within one month and filing an action six months later; alternatively, without giving that notice, they may file an action within one month from the end of the contract term (TBK Art. 351/2). The new owner must prove in court that the need is genuine. If the filing period is missed, eviction on the ground of need cannot be pursued until the next renewal period. The time running from the transfer date requires attention; a delay between the title deed transfer and the notice can forfeit the right.

I paid a deposit higher than the rent stated in the agreement. Can I get it back?

While the former Law No. 6570 on Real Estate Leases was in force, the deposit amount was limited; under the current TBK regime, in residential leases a deposit (security) exceeding three months' rent cannot be demanded (TBK Art. 342). A deposit collected above this limit can be reclaimed by the tenant. When the rental agreement ends, the deposit must be returned within a reasonable time (usually one to two months); otherwise, enforcement proceedings and court action are available. In Yalova, such cases are heard in the Yalova Civil Court of Peace.

My tenant damaged the property. Can I deduct from the deposit?

Yes, but subject to conditions. Under TBK Arts. 316 and 334, a tenant who damages the property beyond ordinary use in accordance with the agreement is obliged to compensate for it. Ordinary wear and tear (normal aging) is not covered by compensation. To make a deduction from the deposit: (1) a jointly signed handover report should be prepared at the time of vacating, (2) a court expert report or a repair quote should be obtained, and (3) the compensation claim, in a reasonable proportion, should be notified to the tenant in writing. If the tenant objects, a compensation action is filed in the Civil Court of Peace.

Does a rental agreement in Yalova have to be in writing?

No. Under TBK Art. 299, a rental agreement is not subject to any formal requirement; it is also valid orally. However, a written agreement is of great importance for proof. Without a written document, resolving disputes over matters such as the rent increase rate, the deposit amount, eviction conditions and shared expenses (building dues) takes longer. In Yalova, having the rental agreement certified by a notary is not mandatory, but notarization is recommended for long-term agreements (10+ years). An eviction undertaking, on the other hand, must be in writing.

Which court hears rental cases in Yalova?

As a rule, rental disputes are heard in the Yalova Civil Court of Peace (Code of Civil Procedure (HMK) Art. 4); this court handles rent determination, rent increase, eviction, deposit refund and rental compensation cases. Since 1 September 2023, however, applying to a mediator before filing these actions is a precondition; an action filed without doing so is dismissed on procedural grounds (except eviction of the leased property through enforcement proceedings without judgment). The competent court is generally the court of the place where the property is located; disputes over properties in districts such as Çiftlikköy, Altınova and Çınarcık may be heard by the Civil Court of Peace of the relevant district. Cases generally conclude within 6 to 12 months; the mediation stage beforehand takes about 3 to 4 weeks.

Is it mandatory to apply to mediation before filing an eviction or rent action?

Yes. As of 1 September 2023, in disputes arising from rental relationships, including rent claims, rent determination and eviction, applying to a mediator before filing suit is a precondition (Law No. 7445); an action filed without applying to a mediator is dismissed on procedural grounds. The only exception is eviction of the leased property through enforcement proceedings without judgment under the Enforcement and Bankruptcy Law (İİK); for example, in enforcement proceedings with an eviction request based on an eviction undertaking or unpaid rent, the mediation requirement does not apply. If no agreement is reached, the drawing up of the final report opens the way to court; from the application to the mediation office until the final report, limitation periods are suspended and preclusive time limits do not run. The process is usually completed within 3 to 4 weeks.

The tenant is not vacating. What can I do?

Once the eviction judgment becomes final (after the appeal period expires), you can take the judgment to the enforcement office and start compulsory eviction. The enforcement office gives the tenant 15 days to leave; if the tenant does not leave within that period, the enforcement officer vacates the property with the support of the municipal police and, if necessary, the gendarmerie. Belongings are placed with a custodian (storage) and the tenant is notified. The whole process takes 1 to 3 months on average. If rent has not been paid during this period, rent receivables are collected through parallel enforcement proceedings.

How much do rental law attorneys charge in Yalova?

In rental cases, attorney's fees cannot go below the lower limit of the Minimum Attorney Fee Tariff (AAÜT) published by the Union of Turkish Bar Associations. Fees are determined by the type of case (rent determination, eviction, deposit refund, etc.), the level of the rent, whether you are the plaintiff or the defendant, whether enforcement proceedings are needed, and the appeal stage. In rent determination actions, a proportional attorney's fee may be calculated based on the rent difference to be obtained. For a specific fee quote, please contact our office.

Support in Your Rental Dispute

Contact us for legal representation in your rent determination, eviction or deposit dispute in Yalova.