29.10.2026 15:16
The 3rd Civil Chamber of the Court of Cassation ruled that if the tenant vacates the property before the new lease term begins, the rent determination action will become moot. The Chamber stated that a tenant exercising their legal right cannot be held liable for litigation costs.
There has been a striking decision from the Court of Cassation regarding rent determination lawsuits, which cause disputes between tenants and homeowners. The 3rd Civil Chamber of the Court of Cassation ruled that a tenant who vacates their home before the new rent period begins cannot be held liable for the litigation costs of the rent determination lawsuit that has become moot. In this case, the court expenses will belong to the homeowner.
THERE WAS A DISAGREEMENT AMONG COURTS
In recent years, there has been a significant development in rent determination lawsuits, which frequently cause disputes between tenants and homeowners.
The civil chambers of the regional courts of justice in Istanbul, Bursa, Antalya, and Sakarya issued different decisions on who should pay the litigation costs and attorney's fee if the tenant vacates the immovable property while the rent determination lawsuit is ongoing.
In order to resolve the disagreement among the courts, the Board of Presidents of the Civil Chambers of the Istanbul Regional Court of Justice brought the matter to the Court of Cassation.
DECISION FROM THE COURT OF CASSATION CONCERNING TENANTS
The 3rd Civil Chamber of the Court of Cassation, which examined the file, recalled that lawsuits for the determination of rent can be filed at any time.
The High Court stated that if the lawsuit is filed at least 30 days before the new rent period, the rent to be determined will bind the tenant from the beginning of the new rent period.
However, it was emphasized that the tenant has the right not to renew the lease by giving notice at least 15 days before the end of the lease agreement.
TENANT WHO VACATES THE HOME WILL NOT BE LIABLE FOR COSTS
The Court of Cassation drew attention to the fact that, after a rent determination lawsuit is filed, it is a legal right for the tenant to terminate their contract within the legal period and vacate the immovable property before the new rent period begins.
In this case, it was stated that the rent determination lawsuit would become moot, and it was expressed that the tenant's exercise of their legal right cannot be considered as having given rise to the filing of the lawsuit.
Therefore, it was ruled that holding the tenant liable for litigation costs would be contrary to procedure and law.
THE HOMEOWNER WILL PAY THE COURT EXPENSES
The 3rd Civil Chamber of the Court of Cassation decided that, in a rent determination lawsuit filed before the new rent period begins, if the tenant terminates their contract in accordance with the procedure and vacates the house, the litigation costs should be left to the lessor.
In the decision, it was also emphasized that the homeowner's ability to file a rent determination lawsuit at any time does not eliminate the tenant's right not to renew the contract.
Thus, while the disagreement in opinion and practice among the regional courts of justice was resolved, it was decided to send the file to the Board of Presidents of the Civil Chambers of the Istanbul Regional Court of Justice.