Contract & Debt Lawyer in Muğla

An agreement on the rent payable for a renewed period is valid only up to the rate of change in the consumer price index calculated on the twelve-month averages of the previous rental year. An increase agreed above that ceiling is invalid as to the excess. Where the parties have not agreed anything, the judge fixes the rent within the same limit, having regard to the condition of the property.

In residential and roofed workplace tenancies the landlord may terminate at the end of the ten-year extension period, without giving any reason, by giving notice at least three months before the end of each subsequent extension year. If the notice is not given in time or in the proper form, the lease extends for a further year. The landlord cannot end the lease merely because its original term has expired.

As a rule yes. In disputes arising from a rental relationship, applying to a mediator before bringing an action is a condition of the action. The exception is eviction of leased immovable property through enforcement proceedings without judgment, where mediation is not required. Bringing the action without mediation results in its dismissal on procedural grounds.

Where a residential or roofed workplace lease imposes an obligation to provide security, that security may not exceed three months' rent. If money is given, the tenant deposits it into a term savings account that cannot be drawn on without the landlord's consent. The bank may return it only with the consent of both parties, on final enforcement proceedings or on a final court judgment. If the landlord does not notify the bank in writing within three months of the end of the lease that proceedings have been brought, the bank must return the security on the tenant's request.

The landlord may give written notice setting a period and stating that the lease will be terminated if payment is not made within it. That period must be at least ten days, and at least thirty days in residential and roofed workplace leases, running from the day after the written notice. A period shorter than the statutory minimum makes the notice ineffective. The landlord may alternatively pursue the arrears through enforcement proceedings with a claim for eviction.

Not in residential and roofed workplace tenancies without the landlord's written consent. The general rule elsewhere is that a tenant may sublet or transfer the right of use provided this causes no detriment to the landlord, but that freedom does not apply to residential and roofed workplace leases. If a subtenant uses the property differently from the terms allowed to the tenant, the tenant remains liable to the landlord.

A claim in tort expires two years after the injured party learns of both the loss and the person liable, and in any event ten years after the act. Where the compensation arises from an act that also constitutes a criminal offence and the criminal law provides a longer limitation period, that longer period applies instead. This exception matters in traffic accidents involving injury.

The claim may be directed at the driver at fault, at the operator of the vehicle, and at the insurer under the compulsory motor liability policy. For claims against the insurer, an application must be made to the insurer before proceedings are issued. Where there is bodily injury, determination of the permanent disability rate is the decisive stage of the process and drives both timing and value.

In ordinary enforcement proceedings you may object at the enforcement office within seven days of service of the payment order. An objection made in time stops the proceedings, and the creditor must then apply either to set aside the objection or to have it lifted. If the period is missed the proceedings become final, so establishing the date of service is the first thing to do.

A contract of suretyship is invalid unless it is in writing and states the maximum amount for which the surety is liable and the date of the suretyship. The surety must also state, in their own handwriting, the maximum amount, the date, and — where they are a joint and several surety — that they are assuming liability in that capacity. Failure to comply with these formalities renders the suretyship invalid.

Turkish law allows a party to request adaptation of the contract to changed circumstances where an extraordinary situation that was unforeseeable at the time of conclusion has arisen and performance has become unconscionable for the debtor. The request requires the conditions to be demonstrated concretely; general economic arguments are not by themselves accepted. If adaptation is not possible, termination may be sought.

No. General terms prepared unilaterally in advance by one party are subject to a specific control. Terms that are contrary to the other party's interests and produce severely onerous consequences contrary to good faith may be treated as not written, as may terms alien to the nature of the contract or to the particular transaction. The control is applied more strictly where no information about the terms was given and no opportunity to review them was allowed.

The burden is on the party asserting payment. The safest method is payment through a bank with the relevant debt identified in the description field. Transfers with no description cause arguments about which debt they were applied to where the parties have more than one dealing. For cash payments, take a signed receipt stating the date, the amount and the subject of the debt. Above the statutory threshold, payment generally cannot be proved by witness evidence.

A penalty clause is in principle valid, and the creditor may claim the agreed sum without proving loss. However, the judge is obliged to reduce a penalty found to be excessive, taking into account the debtor's financial position, the extent of performance and the balance of the parties' interests. A penalty clause is also accessory to the principal obligation: if that obligation is invalid, the penalty cannot be claimed.

No. Limitation does not extinguish the debt; it gives the debtor a defence against paying. Payment made without raising that defence is a valid performance and cannot be reclaimed. The defence must also be raised in time — a court will not apply limitation of its own motion. That is why the period for filing a defence after service of a claim should not be missed.

Rescission removes the contract retrospectively and the parties return what they received. Termination ends it prospectively, leaving obligations that have already arisen intact. Which right is available depends on the type of contract and the nature of the breach, and exercising the wrong one can result in the claim being dismissed.

Where personality rights have been unlawfully infringed. In cases of bodily injury the injured party may be awarded non-pecuniary damages, and in cases of death the relatives of the deceased may be. The amount is fixed by the judge by reference to criteria including the gravity of the event, the financial position of the parties and the degree of fault.

Not in every dispute, but in many it is required to put the debtor in default, which fixes the date interest starts running and makes some claims available at all. In tenancies, notice is a statutory condition for several grounds of eviction. Notice through a notary is the most secure method for proving both content and date; registered post with return receipt and registered electronic mail are also used.