Recently, many tenants and landlords have been sued in Turkey. Another critical development has occurred concerning landlords and tenants. The Supreme Court announced its precedent decision that disturbed tenants who pay their rent via IBAN.
THE MISTAKE MADE BY THE TENANT LED TO HIS EVICTION FROM THE HOUSE
The court, which evaluated two separate lawsuits, decided to evict the house based on the mistake the tenant made during the bank transfer.
A regulation that came into effect in July 2022 gave landlords the authority to increase rents by a maximum of 25 percent in a year, regardless of the inflation rate.
However, the rapid increase in housing prices and the record high rents have led landlords to seek ways to exceed the 25 percent increase limit. At this point, the Supreme Court’s latest decision will be an important reference in landlord-tenant relations. According to the legal regulation, tenants are obliged to pay the monthly rent in full to the landlord.
THOSE WHO MAKE UNDERPAYMENTS WILL REGRET IT
A one-day delay in this payment process or a one-lira short payment is also considered a legitimate reason for eviction by the landlord. There has been a development that deserves attention on this very issue.
PAID THE RENT TO HIS BANK ACCOUNT
According to information reported by kamusonhaber, a tenant named LM paid the rent to the landlord’s bank account regularly every month. However, after approximately four months, the landlord initiated enforcement proceedings, claiming that the tenant was deficient in rent payments. Tenant LM objected to the enforcement proceedings initiated by the landlord. The landlord applied to the court and objected to the suspension of the proceedings, arguing that his tenant had been deficient in payments for four months.
THE LANDLORD REQUESTED THE TERMINATION OF THE CONTRACT
The landlord stressed that the rent must be paid in full and requested that the objection be ignored and that the enforcement proceedings should continue. In addition, the landlord requested the court to terminate the contract and evict the tenant.
THE COURT’S DECISION HAS BEEN ANNOUNCED
Tenant LM denied the allegations and stated that she regularly pays the rent in full every month. However, she stated that a transaction fee of 31.50 TL was deducted from her during the transfer transaction made by the bank. Although the tenant emphasized that this fee was the responsibility of the landlord, the decision did not change.
While in transfers made via mobile and internet branch channels, the fee for the money transfer is generally transferred to the account in full and a deduction fee is taken additionally, in transfers made via ATM, the money in question is taken by the ATM and the transaction deduction fee is deducted from the available funds.
