Rent Determination Actions in Turkey: The Five-Year Rule

09 Ekim 2026 · Av. Sinan Cem GÖDE

This is the English version of an article originally published in Turkish: Kira Bedeli Tespiti Davası: Yargıtay “Hak ve Nesafete Göre” Kararı.

Rent is one of the most frequent sources of dispute between landlords and tenants in Turkey, particularly in periods of high inflation, when a rent agreed years ago can fall far below market levels. The main tool for bringing rent back in line with the market is the rent determination action (kira bedeli tespiti davası). A recent decision of the 3rd Civil Chamber of the Court of Cassation (Yargıtay) is of practical importance for long-standing tenancies, because it concerns how the five-year period is calculated where the parties have signed a new contract along the way. The Court stressed that the rent must be determined “in accordance with right and equity” (hak ve nesafete göre) and that the first instance court must clarify the facts before applying formal rules.

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This article explains the rules on rent determination, the decision itself, and what it means for landlords and tenants, including foreign owners of residential or commercial property in Turkey.

The legal framework

The rules on rent determination are set out in the Turkish Code of Obligations (No. 6098). They are mandatory in character, so the parties cannot exclude them by contract.

The five-year rule (Article 344)

For ordinary renewals, rent increases are limited by statute. However, Article 344 contains a separate rule for long tenancies: regardless of whether the parties have agreed on the rent, in leases lasting longer than five years or renewed after five years, and at the end of every five-year period thereafter, the rent for the new lease year is determined by the judge on an equitable basis, taking into account the change in the price index, the condition of the leased property and comparable market rents. Once set in this way, the rent may then be changed in the following years according to the ordinary rules.

In practice, this is the provision most landlords rely on when a rent has fallen well below market levels after five years. The key question is therefore when the five-year period starts.

When can the action be filed? (Article 345)

Article 345 of the Code of Obligations provides:

“An action for determination of the rent may be brought at any time. However, if this action is brought no later than thirty days before the start of the new period, or if it is brought before the end of the following new rental period provided that the landlord has notified the tenant in writing within this time that the rent will be increased, the rent determined by the court shall bind the tenant from the start of that new rental period. If the contract contains a provision that the rent will be increased in the new rental period, the rent determined by the court in an action brought before the end of the new rental period shall also apply from the start of that new period.”

The action can be brought at any time, but the date from which the new rent applies depends on timing. Sending a written notice in good time is therefore essential.

The Court of Cassation decision (3rd Civil Chamber, 2026/1141)

The facts

The tenancy relationship between the parties began in 2005. In 2018 the parties signed a new lease contract. The first instance court counted the five-year period from 2018. The claimant argued that the real relationship began in 2005 and produced earlier documents to support this.

The first instance court relied on Article 25 of the Code of Civil Procedure (No. 6100), which prevents the judge from examining facts on his or her own motion, and applied the principle that the parties must present the facts (taraflarca getirilme ilkesi) very strictly. It held that it could not examine facts that the parties had not put forward.

The Court of Cassation’s reasoning

The Court of Cassation rejected this narrow approach. The claimant had expressly referred in the statement of claim to a relationship of some fifteen years. The judge was therefore obliged to clarify this claim. The Court stated that it should not be overlooked that the rent must be determined “in accordance with right and equity”, and the failure to clarify the facts led to the judgment being reversed.

The Court relied on the judge’s duty to clarify the case under Article 31 of the Code of Civil Procedure:

“Where the clarification of the dispute so requires, the judge may ask the parties for explanations, put questions to them and request evidence on matters which he or she considers unclear or contradictory in fact or in law.”

The judge must resolve the contradiction between the old and the new contract and cannot ignore the actual situation by relying solely on formal rules.

Renewal (novation) and the five-year period

The Court treated the 2018 contract as a renewal. In legal terms, novation (tecdit) extinguishes an old obligation by replacing it with a new one. For rent determination purposes, however, the Court looks closely at the rent agreed in the new contract and asks whether it reflected the market rate at the time. If it did not, the renewal may have been a renewal on paper only, and the judge takes the earlier start date into account. The five-year period then runs from the original contract, and the court must obtain a detailed expert report.

The practical lesson is that signing a new contract does not automatically restart the five-year clock. The court will examine the real start of the relationship.

Expert reports and comparable rents

Expert evidence is central to rent determination cases. The court does not decide on its own knowledge alone. Court-appointed experts examine comparable rents (emsal kira bedelleri) for similar properties in the same area and inspect the property itself. An incomplete examination is a ground for reversal, and the decision discussed above underlines exactly this point: the court must investigate the actual rental market around the property.

Where the agreed increase is far below the market, intervention is justified. The aim of applying the right and equity principle is to restore the balance between the parties, so that neither the landlord bears the full effect of years of inflation nor the tenant faces an arbitrary increase.

Practical points

• Check the actual start date of the tenancy relationship, not only the date of the latest contract.
• Keep all earlier contracts, payment records and correspondence. They may be decisive evidence.
• Observe the time limits in Article 345: file at least thirty days before the new period, or send written notice within that time.
• Expect the court to appoint experts and to compare rents for similar properties nearby.

Rent law is technical, and a small procedural error can lead to a claim being dismissed. Template petitions found online often contain significant mistakes.

Frequently asked questions

When can a rent determination action be filed? At any time. However, the date from which the new rent applies depends on when the action is filed or when written notice is given.

How is the five-year period calculated? According to the decision discussed above, the court looks for the real start of the tenancy. Later renewals do not automatically restart the period.

What does “right and equity” mean? It means fairness. The judge takes into account market conditions and inflation and sets a rent that is fair to both parties.

What are comparable rents? Current rents for properties with similar features in the same area. The court collects them through an expert and bases its decision on them.

How does the judge clarify the dispute? Under Article 31 of the Code of Civil Procedure, the judge examines unclear or contradictory points, asks the parties questions and may request further evidence.

More information for foreign clients: English-speaking lawyer in Ankara.

This article provides general information on Turkish law and is not legal advice. Outcomes depend on the facts of each case.