How is the amount of rent increase determined, affecting property owners and tenants?

Rent Increase Amount | Rental Law | Lawyer in Izmir | Law Firm in Izmir

The first thing to look at when considering a rent increase is the lease agreement. If the lease agreement contains a clause regarding rent increases, the rate specified in that clause should be used first. However, the rate specified in the lease agreement must comply with legal limitations. According to Article 345 of the Turkish Code of Obligations, the rent increase rate can be applied provided it does not exceed the Consumer Price Index (CPI) rate, which is calculated based on twelve-month averages.

How is the rent increase amount determined? The answer is simple. Rent increases are limited by the CPI (Consumer Price Index). This rate is determined every month by the Turkish Statistical Institute (TÜK).Turkish Statistical Institute (TÜİK)This is explained by ).

Turkish Code of Obligations

Article 344 – ”"The parties' agreement regarding the rent to be applied in the renewed lease periods, This is valid provided that it does not exceed the rate of change in the twelve-month average of the consumer price index in the previous rental year. This rule also applies to lease agreements longer than one year. If the parties have not reached an agreement on this matter, the rent shall be determined by the judge according to equity, taking into account the condition of the leased property, provided that the rent does not exceed the twelve-month average change rate in the consumer price index of the previous rental year.

Accordingly;

1. If the rental agreement stipulates an increase at a rate lower than the Consumer Price Index (CPI), the rent increase will be calculated based on the rate specified in the agreement.
2. If the rate specified in the lease agreement or proposed by the landlord is higher than the CPI (Consumer Price Index), then the CPI increase is sufficient, and no further increase will be made.
3. The CPI limit for rent increases applies to both commercial and residential rents.

Having a lawyer draft a lease agreement that incorporates all these points in your favor will therefore provide you with advantages for many years to come.

The landlord/landlord cannot request an increase above this rate. For comparison, you can find the rent increase limits for a few months in 2026 below:

•Rent Increase Rates for 2026 (12-Month Average of CPI):

January 2026: %34,88

March 2026: %33,39

April 2026: %32,82 

Is it possible to increase the lease if there is no clause for an increase in the lease agreement?

If the lease agreement does not contain a clause for rent increases, or if the clause is not specific or definite, then no rent increase can be made.

The 3rd Civil Chamber of the Court of Cassation, Case No. 2018/1628, Decision No. 2018/2674, Date: March 19, 2018: ”In the concrete case; upon examination of the lease agreement dated July 30, 2008, between the parties, it is understood that Article 6 of the agreement states, ”The tenant hereby accepts and undertakes to increase the rental price by %…. at the end of the contract.” Since the increase rate is not specified in the said provision, this increase condition is not valid as it is not specific and definite. Upon examination of the enforcement file numbered 2011/1648 of the 18th Enforcement Directorate, which is included in the file, it is seen that the enforcement proceedings were initiated for a monthly rent of 440 TL. Since it is not possible to demand an increase of 440 TL per month from the monthly rent specified as 400 TL in the lease agreement, the court's failure to consider this aspect and its judgment are contrary to procedure and law and necessitate reversal.”

If the lease agreement does not contain a clause for rent increases, how is a rent increase implemented?

In this case, according to Article 344/2 of the Turkish Code of Obligations, the judge may be asked to increase the rent based on the twelve-month average CPI rate. Alternatively, the rent increase may be adjusted to the extent accepted by the tenant.

When should rent increases be implemented?

Rent increases must be made at the beginning of the renewed rental period. For example, a one-year rental agreement starting in September 2026 requires a rent increase to be paid in September 2027.

For disputes arising from rental agreements, please contact us. Contact page.

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