In a Lease Dispute, the Route Must Be Determined First
The same event may appear suited to different legal routes, but the conditions, time limit, competent authority and subject of proof differ for each route. For example, eviction for default because rent was not paid is not the same as eviction because of two justified formal notices. A rent determination action seeks to determine the existing rent for the new period; an adjustment action seeks to restore the balance of the contract because of extraordinary circumstances. An eviction undertaking, need, a new owner and the ten-year extension period are also independent legal grounds.
The following questions are therefore answered in the first review:
- Is the leased property a residence, roofed commercial premises, land, a produce lease or another type of lease?
- Is the landlord also the owner; who has standing to conduct the action or proceedings?
- What are the start and renewal dates of the contract?
- On what dates, to which account and with what description were the rent and ancillary costs paid?
- Is a statutory time limit running for a formal notice, mediation, enforcement proceedings or an action?
- With what specific event and evidence can the ground for eviction be proved?
- Is the dispute subject to mediation as a condition precedent to litigation, to enforcement proceedings, or directly to an action?
- Is it procedurally possible, and strategically appropriate, to assert more than one claim together?
Mandatory Mediation and the Litigation Process
As of September 1, 2023, in disputes arising from a lease relationship, applying to a mediator before filing an action is a condition precedent to litigation, except for the provisions on eviction of leased property through enforcement without a judgment under the Enforcement and Bankruptcy Law.
A mediation application should not be seen as a merely formal stage. The rent, the payment schedule, the eviction date, key handover, the deposit, damage, dues, the release and the status of ongoing proceedings must be regulated in the same agreement clearly, enforceably and without doubt. If the parties and the dispute are shown incompletely, it may lead to a dispute in a later action over the condition precedent or the scope of the claim.
If no agreement is reached, an action is filed by determining the court with subject-matter and territorial jurisdiction, the cause of action, the relief sought, the time limit and the evidence. In actions arising from a lease relationship, the civil court of peace (sulh hukuk mahkemesi) generally has jurisdiction; however, claims of enforcement law that fall within the enforcement court’s field and the special nature of the dispute are also taken into account separately.
Documents and Evidence in Lease Disputes
In lease actions, not only the contract but also the records showing how the relationship was actually conducted matter in determining the outcome. Depending on the nature of the file, the following documents and evidence are examined:
- The lease agreement, supplementary protocols and handover records
- The title deed record, management plan, permits and usage documents
- Bank receipts, account statements and payment descriptions
- Notarial formal notices, KEP records and service documents
- The eviction undertaking and documents suitable for signature examination
- Mediation applications and final records
- The enforcement file, payment order, objection and attachment records
- Comparable lease contracts and data suitable for expert examination
- Photographs, videos, on-site examination, damage assessment and expert appraisal reports
- Dues, invoices, meter and subscription records
- Commercial books, invoices, turnover and operating documents
- Witness statements and lawful digital correspondence
Using audio recordings, images or personal data obtained unlawfully may itself create legal and criminal risk. The way evidence was obtained should be assessed before it is submitted to the file.
Which Records Should You Keep When You Receive a Notification?
UETS: National Electronic Notification System
A notification sent through UETS is deemed served at the end of the fifth day following the date it reaches the account. Not opening the message does not stop the time limit. Companies and persons who have an electronic notification account should check their accounts regularly, even if they are abroad. Keep the service receipt and the evidence records showing the date of arrival and the legally effective date of service; do not rely only on an SMS or e-mail alert.
Service by post and to the neighborhood head (muhtar)
In physical service, the date to be used is determined according to the procedure applied and the service receipt (mazbata). For documents left with the muhtar, the day you personally received them is not in every case the starting date. Keep the envelope, the receipt and the notice stuck on the door; if an irregularity is alleged, the date of learning and the route of application are examined separately.
KEP and ordinary electronic messages
KEP is a system that provides proof of dispatch and delivery through registered electronic mail; it is not the same as UETS. The five-day rule of UETS does not automatically apply to KEP. A contractual notice, a formal notice between merchants and official service are assessed separately in terms of form, signature and reaching the addressee. An e-mail or WhatsApp exchange does not replace every statutory formal notice.
Does mediation stop the objection to enforcement?
A mediation application does not suspend all enforcement and payment time limits. The objection and payment periods in the payment order must be checked separately according to the type of proceedings and the date of service. Sending a message to the firm is not an official application or objection either.
Jurisdiction, Venue and Enforcement of the Decision
In actions arising from a lease relationship, the civil court of peace generally has jurisdiction; for claims specific to enforcement law, the relevant enforcement authority may have jurisdiction. Subject-matter jurisdiction and territorial jurisdiction are different things. Without assuming that the place where the property is located is the sole and exclusive venue in every lease action, the general, contractual and special rules on jurisdiction are examined.
Appeal, Cassation and Enforcement of Decisions
Against decisions given in lease actions, an appeal to the regional court of appeal (istinaf) and, where the conditions are met, an appeal to the Court of Cassation (temyiz) are prepared within the framework of the nature of the dispute and the statutory monetary limits. The enforcement of eviction and receivable decisions, requests for a stay of enforcement and enforcement steps are carried out separately.
Fees, costs and file preparation
The attorney’s fee is separate from court fees, service, on-site examination, expert, translation, enforcement and other costs. It is explained according to the scope of the dispute and the route to be followed. The outcome and the duration depend on the evidence, service, the court and the conditions of the legal remedies.
How We Work on This Topic
We review the claim, the parties, service and the existing files together. By determining the mediation and judicial route, the time limits and the evidence preparation, we carry out the necessary applications within the agreed scope and report important developments to the client.