Which Lawsuit for Which Situation?
| Dispute | Lawsuit to File |
|---|---|
| Landlord demands increase above CPI | Rent determination lawsuit (tenant files) |
| Landlord thinks rent is below market (5+ years) | Rent determination lawsuit (landlord files) |
| Tenant is not paying rent | Enforcement action + eviction lawsuit |
| Landlord seeks eviction without valid cause | Tenant can contest the eviction |
| Security deposit not returned | Debt/claims lawsuit |
What Is a Rent Determination Lawsuit?
A rent determination lawsuit (kira tespit davası) is filed to have a court set the legally correct rent amount. It arises most often in two situations: (1) During the contract period, if the landlord demands more than the CPI 12-month average, the tenant is not obligated to pay the excess; a determination lawsuit can be filed to resolve the dispute. (2) After 5 years, either party may ask the court to reset the rent to market level. In this case the court considers not just CPI but also comparable rents, the condition of the property, and equitable factors.
How Does the Process Work?
- Mandatory mediation: For most rent disputes, attempting mediation before filing is a procedural requirement. If mediation fails, the final minutes allow you to proceed to court.
- Filing the petition: Submit to the civil court of peace (sulh hukuk mahkemesi) with the lease contract, payment receipts, and any written correspondence.
- Expert examination: The court appoints an expert witness to verify comparable rents and the CPI calculation.
- Judgment: The court sets the new rent based on the expert report. Once the judgment is final, the new amount can be applied retroactively.
Why Is the Expert Report So Important?
In rent determination cases the final ruling largely follows the expert report. The expert examines comparable rents in the area, the size and location of the property, and the CPI calculation, producing an objective assessment. If you believe the report is one-sided, you can challenge it and request a re-examination. Kiratespit's expert network provides fast access to comparable rent data, helping both expert witnesses and the parties follow the process with greater transparency.
Pre-Filing Checklist
- Do you have a copy of the lease agreement?
- Have you collected the last 12 months of payment receipts?
- Do you have any written demands from the other party?
- Have you attempted mediation? (Required before filing)
- Have you checked the current CPI 12-month average rate?
To understand how the rent increase rate is calculated, see our 2026 rent increase calculation guide .