Tenancy Law

Kubat Law & Consultancy: Tenancy Law and Real Estate Management

Kubat Law provides expert legal support in disputes arising from lease agreements concluded between property owners and tenants, in order to protect the parties' legal rights and to resolve disputes in the shortest possible time. We conduct strategic consultancy by blending the provisions of the Turkish Code of Obligations on residential and roofed-workplace leases with current Court of Cassation case law and mediation processes.

Our Principal Services in the Field of Tenancy Law

A tenancy relationship is not merely a matter of signing a contract; complying with the statutory time limits in managing the process is of vital importance. Our firm specialises in the following areas in this scope:

1. Eviction Actions and Eviction Processes

We meticulously follow the processes of terminating the lease agreement for the just causes set out in the law and of evicting the property:

Eviction Due to Need: Actions filed where the lessor or their relatives need the dwelling or workplace.

Eviction Undertaking: Enforcement and follow-up of eviction undertakings obtained in accordance with the legal conditions.

Two Justified Notices: The eviction process following two justified notices served due to non-payment of rent within a lease year.

Need of the New Owner: Eviction actions to be filed by the new owner who has purchased the property, by serving notice within the statutory periods.

2. Determination and Adaptation of the Rent

Where economic conditions change and the rent falls below the market value:

Rent Determination Action: For lease agreements that have completed 5 years, the redetermination of the rent by the judge according to comparable values.

Rent Adaptation Action: Claims for adapting the rent to changed conditions in extraordinary situations (economic crisis, excessive difficulty of performance, etc.).

3. Collection of Rent Receivables

Initiating enforcement proceedings for the collection of unpaid rent and common expenses (dues, etc.) and managing enforcement processes with an eviction request (Form No. 13).

4. Contract Drafting and Consultancy

Drafting lease agreements that contain special terms, preserve the balance of rights and comply with current legislation, so as to prevent disputes that may arise later, right at the outset.

Mediation Requirement in Tenancy Disputes

With the new regulation introduced into our legal system, recourse to mediation before filing suit has become mandatory in tenancy disputes. By representing its clients in mediation negotiations, Kubat Law aims to resolve the dispute faster and at lower cost, without taking it to court.

Why Should You Seek Professional Support?

In tenancy law, the periods for serving notices, the windows for filing suit and the methods of service require millimetric calculations. A one-day delay or a faulty notice may result in the right of eviction being lost for another year.

From its Istanbul office, Kubat Law carries out meticulous work in tenancy disputes relating to properties throughout Turkey — to protect the assets of property owners and to secure the lawful housing rights of tenants.