After the exorbitant increase in rents, an important legal regulation was made and the rate of increase was limited for 1 year. Tenants who renew their contract until July 1, 2023 will receive a maximum increase of 25 percent. Edit only housing While it covers the rent, the workplace is not covered. This situation brought along a new problem. Many apartments across the country are used as workplaces by different occupational groups. The place that is a residence in the registry is a workplace in operation… In recent months, this type of tenants and property owners rent There was disagreement about the rate of increase.
THERE IS TWICE THE DIFFERENCE
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Real estate consultancy company that pays attention to the difference in residential and workplace rent increase rates Coldwell Banker Turkey head Gokhan Tas“The 25 percent increase limit for housing rent is in effect. Workplace rents, on the other hand, are increased according to the 12-month average of CPI, as was the case with residences in the past. The 12-month average of the CPI in July, which was announced last year, is 49.65 percent. In other words, there is a 2-fold difference between the housing and workplace raise rates. For this reason, it wants to be evaluated within the scope of housing that uses apartments as workplaces. The landlord objects. There have been such conflicts in the market lately,” he said. So what does the law say in this case? Responding to this question, the President of the Real Estate Law Association, Attorney Ali Güvenç Kiraz, said:
INTENDED USE IMPORTANT
“This issue Condominium Law and the Code of Obligations. According to the Floor Ownership Law, the consent of all floor owners is required for a residential property to be used as a workplace. Occupations that do not need permission in this regard are lawyers, doctors and financial advisors. However, the home should not be clinical. Apart from this, all business owners need the written approval of all floor owners in order to be able to rent a residential property. A reinstatement lawsuit can be filed for a workplace opened without such approval and that workplace is removed from that address. The situation is a little different when it comes to lease agreements. If the professionals who need a permit or the professionals who do not need a permit rent an immovable property, this is a workplace lease agreement. Here, the law now looks at the purpose of use, not the quality of the immovable in this independent section lease agreement. Recently, the Council of State has decided that in terms of real estate tax, the use of a residential real estate as a workplace and its utilization should be considered, not its qualification, and decided that the real estate tax of a residential real estate should be paid as workplace real estate tax. Therefore, if a tenancy relationship is established with a workplace lease agreement in a residential real estate, the rent increase will be made within the scope of the 12-month average of the CPI, and the temporary 25 percent increase rate will not be applied for these lease agreements.
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In recent years, especially in the housing projects implemented in metropolitan cities, home office concept draws attention.
HOME OFFICES
How will the people living in these apartments, which are used as both houses and workplaces, increase the rent? “The important thing about the home office is the quality of the lease agreement,” said Kiraz. In this immovable, which is mainly used as a residence, the tenant can open a workplace and perform whatever the profession is. If the owner and the tenant of a home office property have specified and signed the lease agreement as a workplace, then this is a workplace and the CPI 12-month change rate will be applied.
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ATTENTION TO THE CONTRACT GAME
A new contract model has emerged in order not to be stuck with the 25 percent hike limit in the real estate market. Real estate law expert lawyer Hikmet Güngör said that a ‘rent and service contract’ was drawn up instead of a ‘lease agreement’ for a company providing rental services in Istanbul, and that the legal increase limit was intended to be exceeded with this name change. Güngör says, “For the raise rate of the intermediary company that makes the lease in the contract, ‘The 12-month average of the CPI and the current prices on our site are checked and the higher one is applied’. However, this is not possible. Adding the word ‘service’ to the title of the contract cannot invalidate the 25 percent raise limit. A fee may be charged for the service provided, but this does not affect the rent increase. This name game is clearly getting behind the law. Since the content and purpose come before the title in law, the tenant has the right to object to this request even if he has signed this contract.
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