Adjustment Lawsuit in Long-Term Lease Agreements

In long-term lease agreements, if the balance between the obligations of the parties is excessively disrupted and the contract becomes unbearable for one of the parties, a lawsuit for the adjustment of the rent in line with the current economic conditions can always be filed.

According to Article 344 of the Turkish Code of Obligations (TBK), a "rent determination" lawsuit can be filed for lease agreements with a duration exceeding 5 years. In residential and roofed workplace leases, once 5 years have passed, the rent can be adjusted according to the economic conditions of the day. However, another option is the "Adjustment" lawsuit. If the lease agreement has not reached 5 years but there is excessive disproportion between the obligations of the parties and the continuation of the agreement has become unbearable for one of the parties, an adjustment lawsuit can always be filed. (Istanbul Court of Appeals, 54th Chamber, E. 2023/845 K. 2023/536 Dated 15.03.2023)

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