Rental Law

As AVD Law, we are experienced and experts in rental law cases. We provide legal support in issues such as rent increase proceedings, eviction due to non-payment of rent, eviction of tenant due to necessity, preparation of residential and commercial lease agreements, preparation of eviction commitment, and eviction due to necessity. Our legal team provides legal assistance with the aim of providing the most effective results for our clients, based on their experience and knowledge in rental law cases.

What are Lease Agreements?

Lease agreement, a type of agreement that grants the right to use and possess and imposes obligations on both parties, is frequently used in practice and brings many legal issues. There are different types of lease agreements such as financial leasing, product revenue leasing, fleet leasing, etc., apart from known leases such as commercial and residential leases.

What to Consider in Commercial and Residential Lease Agreements

Our team of lawyers specializing in rental law provides legal support to both tenants and landlords in the preparation and revision of lease agreements. The lease agreement can be made in writing or orally, without any formality requirement. However, in case of legal disputes, it is advantageous to have the agreement in writing in terms of proving the existence and conditions of the lease agreement. In addition, signing the lease agreement at the notary and having the signatures confirmed by the notary also prevents the parties from denying the signatures later. Having the lease agreement registered on the title is also highly beneficial for tenants to guarantee their tenancy rights against third parties. The current condition of the property, list and status of fixtures must definitely be disclosed in the lease agreement. The expenses that may arise from the lease agreement, such as bills, association fees, and expenses must be clearly indicated who will assume them. Expenses and amounts such as repairs and deposit must be recorded in the lease agreement. The rental increase to be applied in the future must also be determined and recorded. The manner and timing of relevant payments must also be indicated in the lease agreement.

Determination of Rental Law Cases

 One of the most important problems encountered at the end of every rental agreement period is the question of what the rent amount will be. A rent determination lawsuit is a type of lawsuit filed when the current rent paid and the rent amount lower than the market price does not reflect the market value. The purpose of this lawsuit is to renew and update the low rent amount.

If the rental cannot agree on the rent amount, the legal solution that must be applied can be obtained by one of the parties applying to the court by opening a rent determination lawsuit. When a rent determination lawsuit is filed, the judge will examine the type of property leased and the market rent amounts in that area in accordance with the conditions outlined in the law on obligations and give a suitable and ideal decision, such as raising the rent if it is low or lowering it if it is high.

Causes of Eviction of Tenant

Among rental law cases, there is also the case of eviction of the tenant. The reasons for eviction of the tenant are listed as follows:

• Legitimate cause with two notifications.
• Completion of ten years of rental agreement.
• Re-construction of the property.
• Need for a home or workplace by the landlord.
• Written eviction commitment.
• Unpaid rent amount.

1. Time to File Eviction Lawsuits

Different filing time limits have been determined for each of the above-mentioned lawsuits. If you file the lawsuit before or after the determined time, the lawsuit will be dismissed. In this case, being in a rightful position in the lawsuit does not mean anything. Because the relevant lawsuit will be dismissed before the main examination. After that, it is necessary to wait for the next lawsuit filing time to file a new lawsuit. In some cases, this may be 6 months or one year later. In this context, working with a professional rental law lawyer for the eviction of tenants will be the best option.

How long does it take to evict a tenant?

The time it takes to evict a tenant is often a frequently asked question. The eviction time may vary depending on which method is preferred. However, it should be noted that the time does not start before the eviction process begins. Therefore, if you want to evict your tenant, starting the process without wasting time is considered the quickest way.

Expiration of the lease agreement

Commercial and residential lease agreements are made for a specific or indefinite period. According to the law, if the specific agreement is not notified by the tenant fifteen days in advance, the agreement is extended for one year under the same conditions.

Legal services provided in the field of rental law

The main legal services offered in the field of rental law by AVD Law are as follows:

• Eviction due to non-payment of rent.
• Opening of enforcement proceedings and follow-up of the relevant lawsuit for the collection of rental debts.
• Preparation of eviction undertaking.
• Preparation of lease agreement.
• Filing and following of eviction lawsuit due to redevelopment.
• Filing and following of eviction lawsuit due to necessity.
• Filing of rental determination lawsuit and follow-up of the lawsuit.
• Filing and follow-up of eviction lawsuit.

 AVD Law, with its team of rental law lawyers, provides legal services in rental determination lawsuits to increase rental amounts, eviction lawsuits due to non-payment of rent, and eviction lawsuits due to the eviction of tenants or reconstruction of a business place for reasons of necessity. In addition, we also provide services such as preparation of lease agreements, counseling and mediator services in disputes.