Jump to content

Aggressive Landlord wants to increase rent 146%

Rate this topic


MrMan

Recommended Posts

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

1.jpg

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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..

 

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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, 

H. Ender KELEŞ | Founding Partner
Avukat / Attorney at Law, LL.M.
T : +90 532 179 1513  |  F : +90 232 486 10 17
E : [email protected]  |  www.eglegal.net
Manas Bulvarı No:74, Trend Office, K:1 D:3 Bayraklı/Izmir- Turkey

Link to comment
Share on other sites

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 !!!

Link to comment
Share on other sites

  • 4 weeks later...
  • 4 weeks later...

--Update--

Someone claiming to be the landlord's new letting agent called my mum today reiterating the landlords demand to increase the rent to 3000tl. She passed me their number and I sent them the following:

After which there was a short back and forth. See attached pics.

He claimed we never paid the required amount of rent as per the Yasal kira artış oranı. Even though the landlord did increase the rent by 100tl each year (except last year). This was their choice.

I think he is saying the landlord will therefore seek to recover past rent for all the years they never increased it to exactly the amount matching the Yasal kira artış oranı. He said my mother is old and doesnt need the hassle of going to court. 

I didnt want to get into a long debate with him and my poor Turkish so ended the conversation stating there was nothing more to discuss and in summary, rejected their demand and presented a compromise where by £1750 will be paid from 1st October and my mother will move out within 8 months.

He then said they will open a rent determination case.

My flights have been cancelled several times by the airline otherwise I would of been in turkey by now assisting my mum from there and looking for a new home.

If only they would of just went about things the correct way and politely stated they would like to increase the rent. Instead they shouted and bullied my mother, threatening eviction, court action and several scare tactics and false information from the very start.

 

Does anyone know how long a rent determination case will take and what is involved from my mother's part if anything?

 

 

06.09.21

Sayın Ev Sahibi, 

13 Temmuz'da amcanız olduğunu düşündüğüm aile üyeniz tarafından telefonla aradım. Konuşmanın başından beri bağırıyordu, çok kaba konuşup kirayı 1500tl'den 3000tl'ye çıkaracağı konusunda ısrar etti. Daha sonra ise kirayı 2200tl'ye düşürmeye hazır olduğunu söyledi ve 1 Ekim 2021 tarihinden itibaren bu yeni tutar üzerinden ödemem gerektiğini ya da 30 Eylül 2021'de tahliye edilme tehlikesi ile karşı karşıya kalacağımı söyledi.

Daha sonra aşağıdaki gibi bir mesaj gönderdi: “Artis yapmayacaksan, protesto çekicem 30 eylul de bosaltirsin”

Benimle konuşma tarzı çok gereksiz ve kışkırtıcıydı. Keşke benimle her ikinizin de normalde konuştuğu şekilde kibar ve saygılı konuşsaydı. Bildiğiniz gibi yüksek tansiyon, yüksek kolesterol ve diyabet gibi çeşitli sağlık sorunları olan 75 yaşında bir emekliyim. Bu tür beklenmedik durumlar benim benim için çok üzücü ve stresli.

1500tl olan kirayı bir yıl içerisinde 2200TL'ye çıkartmak hem hukuka aykırı hem de Yasal kira artış oranının da çok üstünde.

2200 - 1500 = 700tl.

2200/1500tl x 100 =146%.

İstediğiniz %146 oranındaki kira artışı yasadışıdır.

Yasalara göre en fazla artış oranı %14,55 olabilir.

Bu oranla hesaplandığında,  1 Ekim 2021 tarihinden itibaren maksimum olarak 1718.25tl  gibi bir tutara denk gelmekte.

Ayrıca kira artışını kabul etmezsem beni tahliye etmekle tehdit etmenizin doğru olmadığı gibi buna teşebbüs etmek dahi hukuka aykırıdır.

5 yıldır kiracınız olarak kirayı hep zamanında ve eksiksiz ödedim. İlgili mülkün bakımı her zaman eksiksiz şekilde yapıldı ve sözleşmedeki hiçbir maddeye karşı hareket etmedim. Bu nedenle beni sebepsiz yere tahliye edemezsiniz. Lütfen unutmayın ki ev sahibi ancak, kiracının 10 yıl boyunca aynı mülkte oturduktan sonra tahliye hakkında sahip olduğunu unutmayın.

Geçen Ekim 2020'de covid nedeniyle kira artışı yapmadığınızı ve bunun sizin kararınız olduğunu biliyorum. Bunun için size çok minnettarım. Ancak bu size kirayı bu sene 700tl artırma hakkı vermiyor.

1 Ekim 2021'den bir iyi niyet göstergesi olarak, 1750tl kira ödemeye başlayacağım.

Amcanızın anlattıklarından anladığıma göre, konutunuza 3000 – 3500tl tutarında kira verecek bir kiracı bulabilmeniz için benim mülkünüzü boşaltmamı istiyorsunuz. Bu nedenle yine iyi niyet göstergesi olarak kendime yeni bir ev aramaya başlayacağım ve sizin mülkünüzü 8 ay içinde boşaltmaya çalışacağım. Bu süreden çok daha erken de tahliye edebilirim konutunuzu, ancak alternatif konaklama yerini ne kadar çabuk bulabileceğime bağlı.

Kendime yeni bir ev bulduğumda size tekrar haber vereceğim. Ayrıca mümkünse sizden, 1 Ekim 2022 yılı içinde ve herhangi bir cezai müeyyideye maruz kalmadan veya kalan yılın kirasını ödeme zorunluluğu olmaksızın tahliye etmeme izin verdiğinizi bildiren yazılı bir mektup isteyeceğim Böyle yazılı bir mektup veya belge olmadan, üzgünüm ama tüm bir yıl boyunca ilgili mülkte kalmaya devam etmekten başka bir seçeneğim olmayacak.

Şu an size önermekte olduğum teklifin ikimize de fayda sağlayacak makul bir uzlaşma olduğuna inanıyorum.

Bu arada beni rahat bırakmanızı ve üstüme gelmemenizi özellikle amcanızın böyle bir tavır ve agresiflik ile beni rahatsız etmemesini istiyorum.

Son olarak , bu şekilde yasaları çiğnemenin önüne geçmek için sizden Anayasanın kiracılar ile ilgili bölümlerini incelemenizi tavsiye ederim.

Teşekkürler

Saygılarımla

 

 

 

1.jpg

2.jpg

3.jpg

4.jpg

Link to comment
Share on other sites

I think Eglegal already gave the answer, but perhaps he will provide more information.

It sounds to me like the rental adjustment is what Eglegal referred to as asking for an increase in court. There's a similar law in the USA, about "unjust enrichment." That is, even if a contract has been agreed to by two parties, if it is grossly unfair to one of the parties, a judge can adjust the terms to make it fair. It seems to me that this big rent increase is what's unfair.

And it seems to me your mother's age works against the landlord. Especially picturing her before a judge matched against a greedy landlord. The rental laws in Turkey tend to favor the renter anyway.

Of course I'm not a lawyer so don't take this as legal advice! But as I mentioned before I had the same encounter with my landlord. Yes, he could have gone to a judge and ask that the rent price be adjusted (and he just might have gotten one since what I was paying was well under the market price). He got angry, raised his voice, growled, slammed his fist on the desk. There's a saying in Turkey that the first one who gets angry and slaps the table wins.

He threatened to keep hairdressing me, remove the door, toilet, etc. (which is completely illegal). Doing things legally would be a hassle and might work against him, so he used intimidation instead.

So I did some searching using Sahibinden.com to see what similar apartments were renting for near my place. And I said I would pay no more than that and made him an offer. I didn't have to do that, but I had been benefiting from very low rent for six years and wasn't planning to live there much longer. So out of fairness I agrees to pay the market price according to similar listings. He accepted. Suddenly he was a nice guy again.

You might try that. But if he refuses, and threatens to go to court, then in my opinion, I'd let him. It might just be still in court when your mother moves out.

Again I'm just telling you what I did, and what I think I might do in your situation. That's all. Like my landlord, because the law doesn't favor him, he's trying to get what he wants with intimidation.

One other point here. To formally notify the landlord, make sure you use a notarial notice that I mentioned before. That's the only way you can prove in court that you had made the offer and that he refused it or failed to reply. SMS messages or e-mails, or things written on paper won't meet the legal notification standards.

I mean this especially for your offer to settle the matter. If it does go to court, the court will see that you made the offer and he either refused or failed to respond. And the landlord will know that.

Link to comment
Share on other sites

Alejandra just posted an article which also talks about the rental law and how the court decides a fair rental price. Looks like the court also looks at local, similar properties to determine a fair price, and it takes a long time in court.

https://www.turkeycentral.com/news/view-126-renting-market-in-turkey/

Link to comment
Share on other sites

Thanks for the info Ken. All noted.

Each time someone phones my mother, they ask for a different rent increase amounts or face eviction. It was 3000tl then 3500tl. After that, 2250tl or leave on 30th September 2021 then 15th October and now now they want 2600tl or move out by 20th October. Not even they know what exactly they want. Very bizarre.

Today a lawyer called my mother stating that because my mother failed to pay the correct rent all of these years as per the TUFE, if they take her to court, she will have to back pay the difference in rent not paid and they can seek all of her assets both in turkey and the UK to recoup this. Not that she has anything anyway,

Don't see how this is logical when the landlord set the rate each year and mum just paid her whatever the increase she asked for. ie. 100tl. How is the onus on my mum to offer more than the landlord is asking for each anniversary?

Agreed the rent is now is lower than the going rent for new renters and compared to the maximum increase as per the TUFE per year but the TUFE is there as a maximum. Rent can be increased lower than this but not exceed this. That is my understanding. If they approached my mum correctly from the onset, we would of agreed on a fair increase i'm sure. But they have gone from super nice to aggressive with yo yo'ing demands.

If Eglegal is willing, I think it may be a good idea to enlist on their services maybe.

In the meantime, I've asked my mother to not answer any more calls.

I hope my posts and updates are helping raising awareness at least.

 

 

 

1.JPG

2.JPG

3.JPG

Link to comment
Share on other sites

I don't know everything about the situation, but it would seem to me that these past requests for rent would have to be in writing or on the rental contract, and your mother would need proof of payment, such as a signed and stamped invoice or a bank transfer. I don't know if she has that or not. From what I was reading she can't be evicted if she has been paying the rent on time. It seems now your landlord is saying that she hasn't.

Eglegal (Mr. Ender Keleş) has a contact form here on Turkey Central:

https://www.turkeycentral.com/forms/20-legal-services/

So if you want you can contact him that way, or use the contact information or link in his signature block which appears below all of his posts.

Your posts have been valuable. Thank you for sharing this. I see your topic has, as of today, been read by 1,100 people, and even after it's no longer active people will continue to read it. So you're definitely raising awareness of the problem. No telling how many foreigners have simply paid outrageous rent increases not knowing their rights under the law. Or would have, if they had not read your topic.

I wish your mother an you the best in this situation, and that it all comes out in your favor. Please keep us all updated when you can.

Link to comment
Share on other sites

Thank you Ken. Much appreciated. 

We have proof of every payment and it comes out of my Turkish bank account monthly via the Turkish equivalent of a direct debit. Each time the landlord has increased the rent every year by 100tl (except last year where she said she wouldn't due to covid), I amend the amount. Mum has zero income and no pension. I look after her financially. 

Their issue appears to be mum not paying the exact TÜFE amount every year so they want back pay. They keep changing what they want!!

But its the landlords responsibility to dictate the rental amount not the renter. And both parties agreed to the 100tl increase each time without issue. 

I did reach out to Eglegal but was surprised to receive their quote in USD and equivalent if not more than a UK lawyer. I won't go any further into it out of respect and not to offend but I thought in Turkey, things are charged in lira and Turkish rates. 

I'm a Turk born and raised in the UK and this is all really putting me off going to Turkey again. I'm considering pulling my mum back to the UK to live with me where things are done "properly and legally" imo.

It seems to me Turkey is a minefield with alot of dishonesty and selfish motives. I'm now constantly skeptical of any Turk and assume they want to rip us off. A real shame. That's been my experience there for the last 15 years of living there on and off. 

Anyway thanks very much and I will post my updates in due course. 

Link to comment
Share on other sites

Quote

Their issue appears to be mum not paying the exact TÜFE amount every year so they want back pay. They keep changing what they want!!

As you know they can't do that. Every year when the contract renews, it renews at the same rent price and with the same conditions. If the landlord didn't raise the rent then, they can't raise it later.

I wouldn't form any general conclusions about Turks or Turkish landlords. I've had many excellent landlords who would never do such things. And I've lived and rented in, I think, 15 different places in Turkey. I only had two that tried to get money from me they weren't entitled to.

I hate to see this happening to your mother, it seems unconscionable that someone would put this kind of stress on her. I hope you finally get it sorted out in the best way for her, and I can at least be happy that she has as her son and that you're looking after her interests.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

×
×
  • Create New...