Mediation in Rent Determination Cases

Mediation in Rent Determination Cases | Izmir Lawyer | Attorney and Mediator Dilek Yavuz Uysal

In Türkiye, mediation in rent determination cases has become an important alternative dispute resolution method, particularly in recent years, aimed at resolving rental disputes more quickly and effectively. Mediation is a process that allows parties to resolve disagreements outside of court and provides a method for seeking solutions before resorting to litigation. Article 37 of Law No. 7445 on Amendments to Certain Laws, published in the Official Gazette on April 5, 2023, mandates compulsory mediation for disputes arising from rental relationships (excluding eviction through summary execution), disputes related to the dissolution of partnerships, disputes arising from condominium ownership, and disputes concerning neighbor rights. With this regulation, as of September 1, 2023, it is mandatory to apply to a mediator before filing a lawsuit regarding rental disputes.

What is a Rent Determination Lawsuit?

Rent determination lawsuits are cases filed to resolve disputes between tenants and landlords regarding the determination of rent through the courts. These lawsuits are generally filed in the following situations:

• If the rent increases beyond the legal increase limits.
• If a disagreement arises between the tenant and the landlord regarding the renegotiation of the rent.
• If the tenant refuses the rent increase because they believe the current rent does not reflect market conditions.
• If a disagreement arises regarding the determination of the price after the 5-year period

A rent determination lawsuit is a legal action to reassess and determine the rent for a leased property within the legally stipulated timeframes. Rent determination lawsuits are also based on the Turkish Code of Obligations. Article 344/3 of the Turkish Code of Obligations states that "...in lease agreements lasting longer than five years or renewed after five years, and at the end of every subsequent five-year period, the rent to be applied in the new lease year shall be determined by the judge, taking into account the twelve-month average change in the consumer price index, the condition of the leased property, and comparable rental prices..." This constitutes the basis for rent determination lawsuits. With the new regulation, mediation has been introduced as a prerequisite for rent determination lawsuits, making this type of lawsuit subject to mandatory mediation.

Kira Tespit Davalarında Arabuluculuk Süreci 

1. Application Process:
   • When a dispute arises between the parties regarding the rent, they may apply for mediation.
   • When one party initiates mediation, the other party must also participate in the process.
   • Mediation applications are made through a mediator registered in the mediation system.
2. Appointment of Mediator:
   • After an application is submitted, a mediator is appointed by mediation centers or mediation units in courthouses.
   • The assigned mediator communicates directly with the parties and explains how the process will work.
3. Initial Meeting and Discussions:
   • The mediator creates an environment to assess whether a compromise can be reached by holding one-on-one meetings with the parties.
   • If the dispute between the parties is resolved, the mediator prepares a settlement agreement.
   • If the disagreement between the parties persists, the mediation process ends.
4. Continuation of the Mediation Process:
   • If the parties fail to reach an agreement, the mediation process ends, and the parties must go to court.
   • If the dispute is resolved, a written agreement is drawn up by the mediator, and the parties sign this agreement, thus ending the process.

Advantages of Mediation in Rent Determination Cases

1. A Fast and Economical Solution:
   • Mediation is much faster and less expensive than going to court.
   • The parties can reach a resolution more quickly, avoiding a lawsuit that could drag on for years in court.
2. Out-of-Court Resolution:
   • Mediation offers parties an alternative dispute resolution process before resorting to court proceedings. This allows for a more amicable solution between the parties.
   • In rent determination cases, cooperation and compromise can be achieved between the parties, thus avoiding lengthy court processes.
3. Control of the Parties:
   • In mediation, the parties decide on the solution themselves. That is, instead of a court decision, the parties can reach an agreement according to their own wishes.
   • This allows the parties to maintain more control and find the solution that works best for them.
4. Security:
   • The mediation process is confidential, and information disclosed during discussions is kept private to the parties involved. This provides a secure environment for resolving disputes between tenants and landlords.
5. Flexibility and Solutions Tailored to the Needs of All Parties:
   • During the mediation process, the parties can agree on settlement terms more flexibly.
   • In addition to the rent, other terms (renovations, lease term, etc.) can also be negotiated.

Agreement How is the rent determined and how is eviction carried out in such a case?

In rental disputes, if the parties reach an agreement during the mediation process, an agreement document is drawn up and signed by the parties and the mediator. The parties may apply to the court to have an enforceability clause added to the agreement document. An agreement document with an enforceability clause issued by the court has the force of a court judgment. With this enforceability clause, the collection of the disputed rent or the eviction of the tenant can be achieved through compulsory enforcement without the need for a separate court order.

How to Obtain an Enforceability Certificate?

Kira davalarında arabuluculuk süreci sonunda düzenlenen, tarafların ve arabulucunun imzasını taşıyan anlaşma belgesi; bir yargılama sonucunda verilmiş hüküm içermediği için mahkeme kararı niteliğinde değildir. Ancak tarafların, anlaşma belgesinin düzenlenmesinden sonra taşınmazın bulunduğu yer Sulh Hukuk Mahkemesine icra edilebilirlik şerhi verilmesini talep etmesi ve akabinde mahkemece bu şerhin verilmesi ile anlaşma belgesi ilam (mahkeme kararı) niteliğine sahip olur.

After the Mediation Process

If the parties reach an agreement as a result of the mediation process, this agreement is put in writing and becomes valid with the mediator's approval. The agreement is binding between the parties. The mediation protocol is signed by the parties, and no further legal action is taken. If an agreement cannot be reached, the parties may apply to the court, and the rent determination process begins.

The Success Rate of Mediation in Rent Determination Cases

In rent determination cases, mediation generally has a high success rate because the parties are more willing to participate in the resolution process. Often, the relationship between the tenant and landlord continues, and mediation allows for a solution without damaging mutual trust. Mediators help the parties understand each other's desires and guide them toward resolving disputes.

In conclusion: In rent determination cases, mediation is an important method for parties to find a solution before going to court. Mediation offers a faster, more economical, and confidential solution between the parties and aims to resolve the issue without negatively impacting the ongoing relationship between the tenant and the landlord. If an agreement cannot be reached through mediation, the parties can pursue a solution through court.

Eğer kira tespit davası açmayı planlıyorsanız ya da arabuluculuk süreci hakkında daha fazla bilgiye ihtiyacınız varsa, uzman arabulucu ve avukat kadromuzdan hukuki destek almanız faydalı olacaktır.

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