Yargıtay overturns ruling on excessive rent payments under threat

The Turkish Court of Cassation (Yargıtay) has overturned a local court decision regarding a tenant's claim to recover excessive rent payments made under duress. The case originated in the Polatlı district of Ankara, where a tenant sought the return of funds paid above the legal limit, alleging they were pressured by threats of eviction and utility disconnections from the landlord.

While the Polatlı Civil Court of Peace initially rejected the claim due to a perceived lack of concrete enforcement threats, the Ministry of Justice appealed the decision for the sake of the law. The 3rd Civil Chamber of the Court of Cassation accepted this appeal and overturned the lower court's ruling.

The high court emphasized that judicial evaluations must focus on the actual substance and facts of a dispute rather than the formal name or label given to a lawsuit. The ruling establishes that if a tenant can prove they made excessive payments under pressure or threat, courts must investigate the legal basis of those payments and determine if they should be refunded.