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1.8.2023

Mandatory Mediator in Landlord and Tenant Disputes to Reduce the Burden of Jurisdiction

Due to the high rent increase in recent years, there have been many legal conflicts between landlords and tenants, and these disputes add a new one to landlord-tenant cases. When the parties apply to the court to solve the problem, it takes up to 2 years due to the length of the litigation process. Disputes that arise, especially in tenancy cases, create intensity in the courts. For this reason, the mediation system will come into play to offer the parties a quick and effective solution.

According to the new regulation, starting from September 1, it will not be possible to file a lawsuit in rental cases without applying to a mediator.

The Law on the Enforcement and Bankruptcy Law and the Law on Amendments to Certain Laws, which was approved in the General Assembly of the Grand National Assembly of Turkey on 28 March, includes new regulations in the judiciary. Within the scope of this regulation, disputes arising from the rental relationship are included in the mediation process as a condition of litigation. The amendment will take effect on September 1, and tenants and landlords will not be able to file a lawsuit before applying to a mediator.

Even if a lawsuit is filed, the upper limit will not exceed 25 percent.

Minister of Justice Tunç stated that the increase in rental contracts cannot exceed 25 percent and that situations that do not comply with this limit may lead to legal disputes. Emphasizing that tenants have the right not to accept an increase of more than 25 percent, Minister Tunç said that landlords also have the right to initiate the legal eviction process. Stating that the eviction situation of the tenants who do not pay the 25 percent increase has already been specified in the law, Minister Tunç stated that it is not possible to prevent such situations.

Mediation will also save money

Evaluating the mediation system, Lawyer Elçin Bazu said that this method saves both money and time. Stating that the fee paid during the mediation process is much lower than the costs incurred in the trial phase, Bazu stated that when the expenses such as the expert report, fees, verdict, and attorney's fee are taken into account, a significant amount emerges. He emphasized that in the mediation system, the costs are determined equally by the parties or according to the agreement, while in the court processes, the costs are covered by the person who lost the case.