Commercial Leases and Disputes
Leases of business premises such as shops, offices, warehouses and factories are long-term, high-value commitments for companies, and rent increases, eviction and adjustment claims are among the most common commercial disputes. We draft and negotiate your commercial leases and represent you, as tenant or landlord, in rent determination, adjustment and eviction disputes.
What rules apply to commercial leases?
Leases of business premises are subject to the provisions of the Turkish Code of Obligations on leases of residential and roofed business premises. These provisions contain mandatory rules protecting the tenant: rent increases are capped by law, the landlord can end the lease only on grounds listed in the law, and fixed-term leases are automatically extended unless the tenant gives notice.
How the rent is set for renewal periods, rent determination at the end of five-year lease periods and the landlord’s right to terminate once the ten-year extension period has expired are frequent sources of dispute in commercial leases.
Scope
- Drafting and negotiating commercial leases
- Rent determination and adjustment actions
- Eviction undertakings, eviction actions and eviction through enforcement proceedings
- Reviewing shopping centre and chain store leases
How We Work
- Assessing the premises, their intended use and the parties’ expectations
- Structuring provisions on term, rent increases, deposit, alterations and assignment
- Conducting the mediation process in case of a dispute
- Bringing or defending rent determination, adjustment or eviction actions
- Following enforcement and eviction steps after the judgment
Team
Frequently Asked Questions
How much can we increase the rent on business premises?
For renewal periods, the rent increase cannot exceed the consumer price index cap set by law. At the end of five-year periods, the court may set the rent anew on an equitable basis, also taking comparable rents into account.
Is mediation mandatory before bringing a lease dispute to court?
Yes. Since 2023, applying to a mediator before filing suit has been a precondition of the action for disputes arising from a lease. Requests for eviction through enforcement proceedings are outside this scope.
In what cases can we evict a tenant?
The landlord can seek eviction on grounds listed in the law, such as the tenant's written eviction undertaking, justified notices for non-payment of rent, the landlord's or their relatives' own need for the premises, the need for substantial renovation and expiry of the ten-year extension period. Each ground has its own time limits and conditions.
Can rent adjustment be requested in extraordinary circumstances?
If an extraordinary situation that could not be foreseen when the lease was concluded and was not caused by the parties has excessively upset the balance between the parties' obligations to the detriment of the tenant or the landlord, adjustment of the contract can be requested from the court. Adjustment is an exceptional remedy and its conditions are interpreted narrowly.
Would you like to discuss this service? Schedule a meeting with us — the first meeting is free of charge.
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