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Aggressive Landlord wants to increase rent 146%

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MrMan

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Hi all

Just want to share a current experience with a landlord attempting to increase the rent by 146%!

After reading some topics on here with awesome advice and links I now feel more equipped to handle the situation. Thank you so much! Notably Ken!

Anyway, my elderly and retired Mother has been renting a 1+1 apartment for the past 5 years. Landlord has increased the rent by 100tl each year. Last year she never increased it out of goodwill because of Covid and we were very grateful. Mum currently pays 1500tl. Always on time and apartment is in top condition.

However, recently the landlord’s uncle called my mother and was very abusive and aggressive from the onset stating he / they will be increasing the rent to 3000tl. But out of goodwill he will only charge her 2200tl from October (tenancy renewal date). First, he said if she doesn’t agree, she will be out in 5 days. Then said If she doesn’t agree, he will take legal action and she will have to be out the apartment at the end of the tenancy date while she pays for all of his legal costs. His behaviour was strange as mum has always had a great relationship with him and the landlord.

I’m absolutely furious! They are trying to intimidate and scare an elderly woman into paying what they demand (which she can’t afford) or leave out of fear. I wonder if the landlord and her uncle know the law or not.

After doing some research online and on this forum, I can see what he is asking for is illegal and the maximum they can raise it to is 1718tl.

I’m heading over to turkey myself soon to deal with the matter as I don’t want to communicate with them while my mother is there on her own as I don’t know what they might try and do.

I’m going to offer to pay them 1750tl and tell them she will move out within 6 months from October until she finds a new place. As this would be part way through the new tenancy, I’m not sure if they will allow this so we want some assurance they won’t go after her for the remaining year’s rent. Plus, there is the risk of them withholding her deposit out of spite.

This is the 3rd time we have had issues with Landlords there.

Does anyone have any further advice please?

Thanks!

Ekim 2021 - 1500.JPG

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The landlord cannot by law increase the rent by that much. He can only increase it by the increase in the inflation index which averages the producer price index and the consumer price index.

See these topics for more information:

There's no negotiation involved, it's the law. The landlord cannot object, and no matter how aggressive he is, he doesn't have a leg to stand on with this. The law is on your mother's side.

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That happened to me. The landlord didn't raise my rent for six years, and I was paying rent way below what I should have been paying. In my case, I liked the landlord and understood his situation, so I agreed to a rent increase commensurate with what I would be paying (actually a bit less). Even though I could have refused and continued staying at a very low rent price, I personally decided to pay what I thought was fair. Besides, I wasn't planning to stay there more than one year, and I had been reaping the financial benefits of having a very low rent for a few years. It just seemed to be the right thing to do.

Actually I forgot to mention an important point which may affect others who read this topic.

A tenant can stay in a rental property for ten years and renew the contract every year, and can't be kicked out as long as they pay their rent and don't damage anything. After ten years the landlord can unilaterally end the contract and create a completely new contract, at whatever level of rent he or she wants. Regardless of the inflation rate.

But in this case the tenant has only been there for five years, so the landlord can't do that. If they threaten to cut off the electricity, remove the toilets, doors, etc., which some landlords may threaten to do, that is also illegal.

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Thank you Ken. Really appreciate the info. I now feel more confident and armed with knowledge before dealing with this.

The rent (and aidat) has always been paid on time and fully up to date. Mum also keeps the place clean with nothing broken. So nothing to worry about there.

I was advised on another forum to communicate via a notary only. Do you think this is necessary and can you recommend one in Antalya, Konyaalti ? Any idea on their fees? We don't want to get drawn into a back and forth though spending money on several notary letters. I just want to communicate everything across to the landlord once and not negotiate like you said.

Do you have a link to a site in Turkish that states some of the law, in particular how the landlord can only evict tenant after 10 years without reason? 

I will update this post with the progress and outcome..

 

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What the notary can do is ensure delivery of your messages. They do this with a "notarial notice." You go to a notary and with them draw up what you need to tell the landlord or whoever you're communicating with. The notary then puts the notarial notice in the envelop and sends it, by registered mail, to the landlord's address, and they sign for it. In this way, the delivery and the contents of the envelope are certified by the notary, so there's no way the landlord can say they weren't notified or that the letter inside said something different. If they don't receive it there are other parts of the law which constitute a legal notification and delivery, so there's no way they can get out of it.

I don't know if you would need this, since basically the landlord has no legal feet to stand on anyway. For example, my lawyer said I didn't have to do anything. Just keep paying the rent and pay any legal rent increase when it comes. So it seems to me (this is my opinion) that it doesn't matter if the landlord is notified of anything or not. The terms of the original contract stand, and the landlord signed it, so he's already "notified" of its terms. He can't just unilaterally change them later.

If you want to find a notary, see this.

The law concerning this is Law No. 6570.

You can do some searching on it, but I think it best that our community lawyer, Mr. Ender Keleş, comment on this because laws get amended from time-to-time and it's best to get the most current advice.

I'll send Mr. Keleş a message and notify him of this topic and ask him to comment. He subscribes to the legal forums and gets notifications of posts in them, but not to this forum.

If you do find you need a lawyer, I highly recommend Mr. Keleş.

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MrMan, 

Thanks for your message.  

As you and Ken have discussed with details, landlords right to increase rent is limited to the extent of consumer index rate ("TÜFE" in Turkish language). In your example, your calculation which you posted with a screenshot seems to be accurate. 

Thus, legally speaking, as long as you make the payment with TÜFE index increase once per year, then landlord has no legal ground to take a legal action against you. 

What landlord can do is, if he/she believes that the rent that you are currently paying is much lower than market price of other similar units, then landlord can go to court and ask judge to do adjustment (increase) over the rate. However, this is quite an exceptional legal way which could be used if the circumstances have been significantly changed since you made the contract in the beginning, for e.g, a new road / an underway metro / a shopping mall has been opened around the unit etc. 

All the best, 

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Thank you Mr. Keleş. Great information and its provided us with some peace of mind. We appreciate it greatly.

I will update you all on the progress of the situation. 

Thanks again all !!!

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