Pleasing News from Court of Appeals for Renters!

3rd Civil Chamber of the Court of Appeals rules in the adaptation case filed on the account of Turkish Law of Obligations 138 and Code of Civil Procedure 391 regarding the failure of craftsmen to pay rent due to COVID-19, that a provisional injunction themed rental discount may be imposed depending on the requirements of the concrete case.

Seyit Halil Yüzgeç, a lawyer of Kayseri Bar Association, says the verdict was made because of the disaccord between the 4th Civil Chamber of Bursa Regional Civil Court of First Instance and 15th Civil Chamber of Ankara Regional Court of First Instance. In the incident in Bursa, the claimant operating as a renter a kindergarten in the property belonging to the defendant requested a provisional injunction pursuant to the article 389 of the Code of Civil Procedure from 6th Civil Court of Peace of Bursa on the ground that the business volume had decreased by 80-85% due to the pandemic. The claimant filed a lawsuit requesting the period of time that covers the dates when the workplace activities stopped during the pandemic and that lapsed during the force majeure to be added to the end of the rental period, and the rental to be discounted by 50% due to the reduction in the work volume. After the lawsuit was turned down by the Court, the claimant appealed the lawsuit to Bursa Regional Court of Justice. Having addressed the disaccord between the final verdicts made by 4th justified the claimant and ruled the request for provisional injunction to be accepted within period of 6 months and depending on the status of evidence collected.

Another incident that caused the disaccord occured in Etimesgut, Ankara. A renter and wedding-ceremony hall operator of Etimesgut Municipality, the claimant applied to 4th Civil Chamber of Ankara West Civil Court of Peace for a provisional injunction to be imposed so that he would not be subject to the risk of eviction or an unjust treatment because of the default he would lapse in for not being able to pay the rental by claiming that he had experienced a customer loss up to 83% and the wedding-ceremony hall had lost the purpose of use completely. The Court ruled the rejection of the provisional injunction. Upon the appeal of the verdict by the claimant, 15th Civil Chamber of Ankara Regional Court of Justice confirmed the verdict of the inferior court and ruled the rejection of the claimant's request for injunction.

Having addressed the disaccord between the final verdicts made by 4th and the disaccord between the final verdicts and practice conflicts of the 4th Civil Chamber of Bursa Regional Court of Justice and the 15th on the same incident, the Court of Appeals for the 3rd Circuit, regarding the lawsuits on the revision of the rental due to the outbreak (pandemic), ruled that the verdict that an injunction may not be imposed in a way the merits of the lawsuit and conflict were dissolved did not comply with the procedure and the law, that an injunction may be imposed in case of the presence of the conditions in the article 389 et al. of the Code of Civil Procedure; and the disaccord between the final verdicts and practice conflicts of the 4th Civil Chamber of Bursa Regional Court of Justice and the 15th Civil Chamber of Ankara Regional Court of Justice would be eliminated.

You may find the detailed justification of the verdict attached.