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Yargıtay issues landmark rulings on prepaid rent and tenant rights
The Turkish Court of Cassation (Yargıtay) has issued two significant precedent-setting rulings regarding rental disputes that impact both property buyers and tenants.
In the first matter, involving a property sale in Ankara, the court ruled on the distribution of prepaid rent. The 3rd Civil Chamber determined that when a property is sold, the new owner becomes a party to the lease agreement as of the sale date. Consequently, if a tenant has prepaid rent to the former owner, the former owner is legally obligated to refund the portion of the rent that corresponds to the period after the sale date to the new owner.
In a second ruling concerning tenant protections, the court addressed cases where tenants were allegedly coerced into paying excessive rent under threats of eviction or utility disconnection. The court clarified that such disputes should be evaluated under the principle of “unjust enrichment” rather than being strictly limited to “recovery of payment” (istirdat) lawsuits. This decision ensures that judges are not bound by the specific legal terminology used by a tenant in their petition, allowing for the retroactive recovery of unfairly collected rent amounts.
Entities
Adalet Bakanlığı · Ankara · Polatlı · Turkish Code of Obligations · Yargıtay
Claims
What the coverage asserts, and how many sources carry each claim.
- [● 3 SOURCES] Under the Turkish Code of Obligations No. 6098, the new owner becomes a party to the lease agreement as of the date of purchase. www.ekonomist.com.tr · www.ticarihayat.com · www.internethaber.com
- [● 3 SOURCES] The 3rd Civil Chamber of the Court of Cassation ruled that a previous owner who collected rent in advance must refund the portion corresponding to the period after the property sale to the new owner. www.ekonomist.com.tr · www.ticarihayat.com · www.internethaber.com
- [● 3 SOURCES] The Ministry of Justice requested a reversal of the local court's decision in the interest of law. www.ekonomist.com.tr · www.ticarihayat.com · www.internethaber.com
- [● 3 SOURCES] Y. Ö. purchased a house owned by B. K. on December 18, 2023. www.ekonomist.com.tr · www.ticarihayat.com · www.internethaber.com
- [● 3 SOURCES] The Ankara 14th Civil Court of First Instance initially rejected the lawsuit, ruling that the right to collect rent during the sale belonged to the previous owner. www.ekonomist.com.tr · www.ticarihayat.com · www.internethaber.com