As a landlord or tenant of a rented property, determining the rental fee fairly is important. However, disputes may arise between parties or market conditions may change. Here is a blog post that provides information about a legal process called rent determination lawsuit and how the rental fee is determined in such situations.
What is Rent Determination Lawsuit?
A rent determination lawsuit is a legal process where the court is approached to determine or readjust the rental fee for a property. This lawsuit can be initiated by either the tenant or the landlord, and the court assists in establishing a fair rental fee.
How is the Rental Fee Determined?
When determining the rental fee, the following factors are taken into account:
Market Conditions:
Rental prices in the market, rental fees of similar properties, and the supply-demand balance are considered. Rental fees of similar properties in the region are researched, and based on this data, the rental fee is determined.
Property Features:
Property features such as size, location, condition, and amenities offered influence the rental fee. Larger, better-located, and more well-equipped properties generally command a higher rental fee.
Yearly Increase Rates:
In some countries, rental agreements may include yearly rental increase rates. These rates are usually based on inflation rates or market conditions. This way, the rental fee is updated annually.
(The current rental increase rate in Turkey is 25%)
How Does the Rent Determination Lawsuit Process Work?
A rent determination lawsuit is a legal process where the court is approached to resolve disputes regarding the rental fee. Here are the steps in the rent determination lawsuit process:
Application
The tenant or the landlord applies to the court for determining or adjusting the rental fee.
Presentation of Evidence by Parties:
Evidence to be presented to the court may include market research, rental fees of similar properties, the rental agreement, property features, and other relevant evidence.
Court Decision:
The court evaluates the presented evidence and expert opinions to determine the rental fee. The court considers market conditions, property features, parties' requests, and legal standards. As a result, the court establishes a fair rental fee.
Implementation of the Decision:
The court's decision is binding on the parties. Both the tenant and the landlord are obliged to comply with the court's decision. If the decision results in a change in the rental fee, the parties are required to pay or receive the new rental fee accordingly.
This process ensures the determination of a fair rental fee through a legal path. The court evaluates evidence and expert opinions to reach a final decision that binds the parties. As a result, disputes between the tenant and the landlord are legally resolved, and a fair solution is obtained.