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Owner and tenant sued again

Leyla İLHAN

Economic conditions have confronted tenants and landlords more than ever this year. High rents have highlighted a new issue between landlords and tenants: location. Lawsuits for “permission to show” have begun between landlords who put their apartments up for sale and tenants who resisted showing the house.

Stating that dollarization and inflationary environment are disturbing the real estate market, Istanbul Real Estate Brokers Club (İSTEB) Chairman Ulvi Özcan said: “Due to this situation, a new problem we encountered recently was “space permit lawsuits”. The landlords, who cannot agree with the tenant on the rent increase, want to sell their houses and buy a new house with this money and give him a higher rent. For example, a landlord worth 6 million TL receives rent of 4,500 TL from his tenant, when he learns that a similar apartment is rented for 9,000 TL, he asks the tenant for rent of 8,000 TL. If he doesn’t get along with his tenant, he puts the house up for sale. In such a case, the tenant also resists showing the house and lawsuits are filed regarding permits to show the place. We have started encountering such situations frequently in recent days,” he said.

“It creates serious grievances for the lessor”

Real estate advisory broker Ahmet Bircan, on the other hand, drew attention to the lengthy litigation processes and said this situation creates a serious grievance for landlords. Bircan said, “The owner has the right to show the house on a certain day of the week at the appointed time,” and said that because of this issue, buyers have either given up on buying the house or are went to buy it without seeing if the price was very reasonable.

The tenant’s apartment is not wanted

Ramazan Buber, the owner of the real estate agency Turyap Göktürk, pointed to the problem of “apartments with tenants” in this process. Explaining that some tenants informed the new owner that they would continue to stay in the apartment under the current conditions, Buber said: “For this reason, many buyers want to buy houses that are not rented or that have received a notice of eviction due to the high purchase price of the apartment and the low rent of the old one. Otherwise, you will have to wait 6 months. He will appear in court in 6 months. They don’t want to be involved in these processes,” he said.

Does the tenant of the house for sale have to show the house?

The president of the Real Estate Law Association, lawyer Ali Güvenç Kiraz, explained the legal dimension of the issue. Stating that the relationship between tenant and landlord has deteriorated to a degree never seen in the history of the Republic, Kiraz said, “Every day another problem and another tenant-landlord problem arises. Recently, landlords who want to evict their tenants and find higher priced tenants are renting out their homes or putting them up for sale. Of course, with this announcement of rental and sale, a very important problem arises; that is, the new tenant who wants to rent the house or the potential buyer who wants to buy must visit the house. At this point, tenants are reluctant to show their homes to tenants and buyers in this way. »

“The time must be notified to the tenant in advance”

Stating that tenants are partly right in this regard and that some of them do not want their private living spaces to be constantly seen by someone, Kiraz said: “So there is an article that was not not in the old code of obligations but has been added to the new code of obligations According to paragraphs 2 and 3 of article 319; to the extent necessary for subsequent maintenance, sale or rental.

Ali Güvenç Kiraz also explains the path to follow before going to court. Emphasizing that both the landlord and the seller must inform the tenant in advance that the house will be visited and take into account the advantages of the tenant while these are carried out, Kiraz said: “The tenant can prevent the continuous invasion of private property. living space by allowing the apartment to be viewed in a limited amount of time with a reasonable definition of time. . However, due to the relationship that has deteriorated recently, the tenant does not accept this situation and the landlord must take legal action because of this article.

Cases can take 1-1.5 years

Stating that many lawsuits have been filed recently regarding this dispute, Ali Güvenç Kiraz said, “However, since the decision-making process of the judge is not provided for in the article, this case may take 1 to 1 .5 years, including the appeal process. However, this is an urgent situation,” he said.

Kiraz said: “At this stage, the tenant and the landlord must agree on a reasonable deadline, for example between 2 and 4 pm on Saturday. If there is no agreement on this issue, the owner must go to the District Court and ask the judge for this delay.

Emphasizing that the tenant will incur legal costs and the other party’s attorney’s fees in a lawsuit to be filed by preventing this process, Kiraz said, “Because it is very possible that the landlord will win this case. At this stage, we recommend that the tenant agree with the landlord a reasonable period.

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