CAN I CHANGE THE RENTAL AMOUNT ON RENTAL AGREEMENTS DETERMINED WITH FOREIGN EXCHANGE

Rental prices determined in foreign currency cannot be changed unless 5 years have passed. In the case of determination of the rental price to be opened at the end of five years; The judge will determine the new rental price by taking into account the -/+ movement in the exchange rate, the condition of the leased property, and the precedent rental prices.

However, according to Article 53 of the Law No. 6353 amending the Law on the Enforcement and Implementation of the Code of Obligations No. 6101 with the provisional article 2 of the Law No. 6217; Articles 323, 325, 331, 340, 343, 344, 346 and 354 of the Turkish Code of Obligations No. 6098 cannot be applied for a period of 8 years as of 1.7.2012, for the rents of workplaces where the lessee is a merchant in the Turkish Commercial Code and legal entities of private law and public law, In this case, it is foreseen that the provisions of the lease agreement will be applied in accordance with the freedom of contract regarding the subjects specified in these articles in the lease contracts. For this reason, in lease agreements to be made with persons whose tenants are merchants, rental prices can be determined within the framework of the freedom of contract provisions without being subject to the limitations in article 343 of the BK.

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