Disputes in Rental Agreements Discussed in Detail

The Court of Cassation, Izmir Chamber of Commerce (IZTO), and Izmir University of Economics (IUE) collaborated to organize a symposium detailing solutions to disputes between property owners and tenants. The "Landlord/Tenant Law Symposium," held over two sessions with contributions from nine experts in the field, addressed commonly discussed topics such as eviction cases, rent determination, and contract termination.

HIGH ATTENDANCE

The opening speeches of the symposium, held with a high turnout and lasting all day, were delivered by Izmir Chief Public Prosecutor Ali Yeldan, Izmir University of Economics Board of Trustees President and Izmir Chamber of Commerce Chairman Mahmut Özgener, IUE Rector Prof. Dr. Yusuf Hakan Abacıoğlu, and IUE Faculty of Law Dean Prof. Dr. Sevilay Uzunallı. The symposium was attended by İdris Kizir, President of Izmir Regional Court of Justice, Mahmut Erkoç, Treasurer of IZTO Executive Board, İsmail Kahraman, Member of the Executive Board, Ali Yaramışlı, Clerk of the Assembly, members of the assembly and high advisory board and sector representatives.

CHIEF PROSECUTOR YELDAN: I BELIEVE THIS WILL SET AN EXAMPLE FOR TURKEY

Emphasizing the impact of landlord-tenant disputes on public peace, Izmir Chief Public Prosecutor Ali Yeldan said, “We highly value that such a gathering is held in Izmir, bringing all stakeholders together. I believe this symposium, aimed to resolve problems more quickly and reduce differences in practices, will serve as an example for our country. We believe that cooperation in every field is beneficial. We are grateful to the Izmir Chamber of Commerce for their contributions. I would like to share with you a sentence from the 2024-2025 Judicial Year Opening Speech of President of the Court of Cassation, Ömer Kerkez: 'Justice is to be able to consider both the creditor and the debtor, the employee and the employer, the consumer and the producer, the lessee and the lessor, the victim and the defendant at the same time and to give everyone their full rights'”.

ÖZGENER: EVERYONE MUST DO THEIR PART

Highlighting the significance of landlord/tenant law, which is frequently debated in the public arena, Chairman Mahmut Özgener said, “The impact of workplace and residential lease disputes on the economy are undeniable. Therefore, it is important for the business world to address the issue in all its details. Especially in economies under inflationary pressure, the rate of lease disputes increases. The fact that the rental prices determined by the parties remain low over time brings up the determination of the rental price and eviction cases. We believe that everyone must do their part to resolve these disputes. First of all, we believe that landlord/tenant law should be based on a balanced and predictable structure that protects the rights of commercial property owners and tenants. It is critical to ensure freedom of contract and transparency while creating this structure. If we achieve this, we believe that both the stability of businesses that contribute to the economy will be supported and both parties in the lease relationship will act on a fair and transparent basis.

RECTOR ABACIOĞLU: REALISTIC SOLUTIONS MUST BE DEVELOPED

Pointing out that landlord/tenant law is one of the problems at the center of daily life, IUE Rector Prof. Dr. Yusuf Hakan Abacıoğlu said, “Many people have entered into a lease agreement in order to obtain a residence that will meet their housing needs or a workplace suitable for the business they will establish in order to engage in economic activity. The number of people who buy a house or a workplace with their savings and try to make a living with the rental income they earn from them is just as high. Therefore, it is of great importance to act meticulously in regulating the rental relations that affect us all so deeply. The regulations to be drafted should be in harmony with social and economic life, respond to the needs and problems in practice, be worthy of a social state of law, and ultimately be conducive to ensuring social peace. In this regard, the importance of meetings like this in order to produce realistic solutions and create public opinion should not be ignored.”

PROF. DR. UZUNALLI: PRACTICE IS ESSENTIAL FOR QUALITY LEGAL EDUCATION

Noting that Izmir Chamber of Commerce’s role in organizing the symposium is very valuable, IUE Faculty of Law Dean Prof. Dr. Sevilay Uzunallı said, “Law and economics are always in a relationship. As Izmir University of Economics Faculty of Law, we aim to educate our students to internalize and adopt concepts such as ethical values, equity, justice and the rule of law. We have seen how beneficial it is to provide a qualified law education with a strong curriculum as well as practical courses that develop communication skills. When the right methods are chosen for education, young people achieve great success. The fact that our students have returned with awards from every national competition they have participated in the last two years reveals their talents and determination.”

EVICTION CASES DISCUSSED IN DETAIL

Following the opening speeches, the panels began. The first session, moderated by IUE Faculty of Law Lecturer Prof. Dr. Ayşe Havutçu, welcomed Hikmet Kanık and Muzaffer Gürkanlı, Members of the 3rd Civil Chamber of the Court of Cassation, Attorney Erkul Erdem, Legal Counselor of Izmir Chamber of Commerce, and Asst. Prof. Dr. Cem Özcan from IUE Faculty of Law, as guest speakers. Following the presentations on “Eviction Case Based on Written Eviction Commitment”, “Eviction Case on Grounds of Necessity in Residential and Commercial Leases”, “Termination of Product Lease as a Definite-Indefinite Contract Specific to Mining Lease Agreements”, the questions of the participants were answered.

INFORMATION ON HOW RENT PRICES ARE DETERMINED

In the second session of the symposium moderated by Hikmet Kanık, Member of the 3rd Civil Chamber of the Court of Cassation, Prof. Dr. Mehmet Murat İnceoğlu from Istanbul Bilgi University Faculty of Law, Prof. Dr. Burak Özen from Marmara University Faculty of Law, Prof. Dr. Ayşe Havutçu and Dr. Buket Günay from IUE Faculty of Law, and Dr. İlknur Serdar from Dokuz Eylül University Faculty of Law delivered presentations titled “Determination of the Lease Price”, “Is the Determination of the Initial Lease Price as Free as it is Thought to be?”, “Lessor's Liability for Defects”, “Liability for Ancillary Expenses in Workplace Lease Agreements” and “An Overview of the Law on the Leasing of Dwellings for Tourism Purposes”.