Lease Lawyer in Ankara

Tahancı Law Firm, operating in Ankara, provides consultancy, representation, and mediation services to landlords and tenants through its experienced team of lease lawyers in Ankara. Our lease law attorneys in Ankara are experts in the legal regulations governing the relationship between tenants and landlords, and they offer effective solutions to our clients.

Lease agreements are important legal documents for both tenants and property owners. In disputes that may arise regarding matters such as termination of the lease agreement, rent increases, and collection of rent, it can be beneficial to seek assistance from lease law attorneys. The capital city Ankara has more than 40,000 attorneys registered with the Ankara Bar Association, a portion of whom continue their careers as a lease lawyer in Ankara.

If you are looking for a lease law attorney in Ankara, you may want to consider the following:

• The attorney's experience and expertise in lease law
• The attorney's working style and fee policy
• The attorney's communication skills

Tenant's Lawyer in Ankara

Today, all developments occurring in the world and, accordingly, in our country are creating changes in the economy. Many factors, such as global inflation, national inflation, migration due to natural disasters, and migration due to war, are creating rapid and serious changes in the prices of housing, workplaces, and movable and immovable property. Sale prices being affected so much by these developments, reaching amounts that burn a hole in citizens' pockets, has made it considerably more difficult for people to purchase housing, workplaces, or real estate. Our citizens have found the solution in looking for a rental workplace or apartment and becoming tenants.

Living or working peacefully in a rented workplace, home, movable, or immovable property has become our citizens' greatest desire. Ensuring this peace of mind is of course not very easy today. Finding a workplace or home at an amount that won't burn a hole in the citizen's pocket does not end the matter. It is necessary to ensure that the agreed rent amount does not increase in a way that would aggrieve the tenant, that the landlord does not usurp the tenant's rights, and to protect the tenant in situations where the tenant is prevented from exercising their rights. Attorneys are the people who can protect the tenant from these situations, or ensure the tenant is protected from the very start of the lease relationship so that these situations never arise at all.

Our attorneys, who have become proficient in lease law and lease relationships and who possess years of experience along with academic knowledge of lease law, will stand by you — ideally from the very beginning of the lease relationship, but if necessary at every stage of the lease relationship and any cases arising from it — to prevent all forms of aggrievement that could otherwise occur.

Tenant Eviction Lawyer in Ankara

Although the plight of tenants is seriously discussed in our country, landlords also experience many grievances arising from the lease relationship. While the parties agree on many matters when entering into a lease agreement, unfortunately, failure to comply with this agreement can occur. Homeowners or workplace owners, whether aiming to earn income from property they own — perhaps for investment purposes, perhaps acquired through debt — also hope that their property will not be damaged or lose value.

The Turkish Code of Obligations protects the rights of the landlord. The tenant is obligated to pay the rent at the agreed periods and in the agreed amount. In disputes arising from failure to comply with the agreement, it is possible for individuals to get out of this predicament with the support of a lease lawyer in Ankara.

The Turkish Code of Obligations also regulates how a tenant is to be evicted. The landlord is granted the right to evict the tenant for many reasons, such as the landlord's needs, the needs of a new owner to whom the tenant's property has been sold, renovation of the property, the tenant's failure to pay rent, and the expiration of time periods.

Lease Agreement Cases in Ankara

The lease agreement, which is the source of the lease relationship, is of serious importance for both the tenant and the landlord. Properly drafting the lease agreement, clearly setting out the parties' intentions, determining the rights and obligations of the parties so that both sides are informed, and preventing future disputes or grievances are extremely important for the parties.

If the lease agreement is not complied with, the agreement will be terminated. The parties are obligated to act in accordance with the intentions they expressed when drafting the agreement. Rights and debts arise for both parties.

Lease Cases

So, in which areas do our competent and expert attorneys, who possess the legal knowledge and qualifications in lease law, stand by our citizens?

• Drafting the lease agreement
• Establishing evidence regarding defects in the leased property
• Compensation for damages arising from improper use of the leased property
• Cases for unjust enrichment/occupation compensation (ecrimisil)
• Cases for the return of the security deposit
• Rent determination cases
• Cases for the adjustment of rent
• Sending formal notices to the parties arising from the lease relationship
• Eviction of the tenant

What Is a Tenant Eviction Case, and How Is It Filed?

In everyday life, many different disputes can arise between a tenant and a landlord for both financial and non-financial reasons. When such a situation arises, homeowners naturally demand that the tenant vacate the rented home. However, to prevent further grievance on the part of the landlord, this demand for eviction must be made through a notary, in compliance with the applicable statutory time limits. Only after these procedures have been carried out can a Tenant Eviction Case be filed.

The legal remedy known as the Tenant Eviction Case refers to the case a property owner files in order to remove a tenant from the property whom the owner believes is occupying it unlawfully. How a tenant eviction case is filed, and which court has jurisdiction and venue, is regulated in Articles 4 and 10 of the Code of Civil Procedure No. 6100. If we look at the relevant articles:

Jurisdiction of the civil courts of peace

ARTICLE 4 – (1) Regardless of the value or amount of the subject matter of the case, civil courts of peace hear:

a) Cases concerning all disputes arising from a lease relationship regarding leased real property — including receivable cases arising from the lease relationship, but excluding provisions regarding the eviction of leased real property through non-judgment-based enforcement proceedings under the Enforcement and Bankruptcy Law No. 2004 dated June 9, 1932 — as well as cases filed against such cases,

…

[the civil courts of peace hear the above matters].

Venue in cases arising from a contract

ARTICLE 10 – (1) Cases arising from a contract may also be filed in the court of the place where the contract is to be performed.

How Long Does a Tenant Eviction Case Take?

Homeowners who lawfully file an eviction case against their tenants naturally seek an answer to the question of how long a tenant eviction case takes. How the eviction procedures for a leased residence are to be carried out is regulated in the Turkish Code of Obligations No. 6098.

Cases filed for the eviction of a tenant from real property such as a residence or a roofed workplace leased by the property's owner or a person authorized by the owner — due to reasons such as the expiration of the term specified in the lease agreement, the tenant acting in violation of the agreement regarding the leased property, failure to pay the specified rent within the designated period, and other reasons specified in various legislation — are referred to as tenant eviction cases.

The process for a tenant eviction case to reach a conclusion varies depending on the nature of the file, the caseload of the Civil Court of Peace hearing the case, and whether the tenant exercises their right to object. In tenant eviction cases, the time it takes for Civil Courts of Peace to issue a decision on a case ranges, on average, from 3 months to 2 years.

To ensure our citizens do not suffer grievances, we at TAHANCI LAW FIRM recommend pursuing the legal process for a tenant eviction case with the support of a Lease Lawyer in Ankara.

Attorney's Fee for a Tenant Eviction Case

With the Official Gazette No. 32316, published on Thursday, September 21, 2023, the Minimum Attorney's Fee Tariff, determined through the joint efforts of the Union of Turkish Bar Associations and the Ministry of Justice of the Republic of Turkey, was published. With the new fee tariff, an increase of approximately 90% was applied to the previous minimum amounts.

Pursuant to Article 4 of the Code of Civil Procedure No. 6100, disputes between a tenant and a landlord are heard in the Civil Courts of Peace. Under this provision, a tenant eviction case is likewise naturally heard in the Civil Courts of Peace.

Accordingly, the attorney's fee that may be claimed in a tenant eviction case is determined according to the current Minimum Attorney's Fee Tariff published by the Union of Turkish Bar Associations.

To avoid any misunderstanding, we at TAHANCI LAW FIRM must clarify the following: attorneys may not work for an amount below the minimum attorney's fee tariff published by the Union of Turkish Bar Associations in the Official Gazette. Otherwise, the attorney becomes subject to disciplinary liability.

Tenant Eviction Case Lawyer in Ankara

Ankara, the capital of the Republic of Turkey, is our country's second most populous city, with a population of approximately 6 million. Given a city of this size, and especially considering Ankara's position as the capital, it is quite understandable that there is a dense turnover of rental homes and tenants. In this context, those holding tenant status generally consist of students coming for university education, as well as public officials and civil servants relocating due to job assignments.

Unfortunately, in recent times, alongside the high inflation present in our country, an upper limit of 25% on rent increases was first introduced in order to keep tenants from being crushed, and subsequently, in the ongoing process, the balance in the tenant-landlord relationship has been disrupted in favor of the tenant under the guise of “combating inflation.”

As a result of the tenant-landlord relationship being disrupted by outside intervention in a manner contrary to equity and to the residential lease provisions existing in the Turkish Code of Obligations, having a tenant whom the landlord wishes to remove fully vacate the property is proving to be quite a laborious and lengthy process.