What is a Rent Adjustment Case? What You Need to Know
A lease adaptation lawsuit is a type of lawsuit that can be filed if the circumstances change. These changing conditions must occur according to unforeseen extraordinary situations. Lease agreements are a type of contract that offers continuity and imposes rights and obligations on both parties. An adaptation lawsuit may be filed in the event of extraordinary and unforeseen situations that will arise during the lease relationship and will change the balance between the parties’ acquisitions against one of them Dec. The adaptation case can be filed in cases such as the emergence of an extraordinary situation, the fact that the situation is not caused by the plaintiff, the difficulty of continuing the contract under new conditions, the unconditional fulfillment of the debt. This case is a type of case that has a forward-looking impact. In Lawyer Mert Kanalici’s information notes this week, we are talking about what you need to know about this issue.
Conditions of the Lease Adaptation Case
In order to file a lease adaptation lawsuit, the following conditions must be met:
- The occurrence of extraordinary situations that the parties could not foresee or could not foresee,
- The fact that the extraordinary situation was not caused by the debtor,
- Due to the occurrence of an extraordinary situation, the demand for performance changes to the debtor in a ratio that would be contrary to the rule of honesty.< / li>
- This case cannot be filed for short-term contracts that have not completed 1 year,
- The lessor or lessee can file this lawsuit.< / li>
Unforeseen Circumstances
Unforeseen and unexpected extraordinary situations mean unexpected states in the course of life. As an example of these:
- Increase in exchange rates,
- Pandemic,
- State of war,
- Devaluation,
- Economic crises,
- Situations such as major changes in the infrastructure and superstructure can be shown.< / li>
The Competent and Competent Court in the Rental Adaptation Case
The court charged in the adaptation case, the Civil Court of Peace, is the competent court, and the court where the real estate is located is the court.
Duration and Outcome of the Lease Adaptation Case
The lease adaptation case can be filed immediately after the occurrence of unforeseen extraordinary situations and the disruption of the performance balance. After the lawsuit has been filed, the plaintiff party is obliged to fulfill its debt until the decision is finalized. After the decision is finalized, since the lease adaptation case is a forward-looking type of case, the decision gives rise to a provision from the date of opening the case. The difference between the rental price adapted by the finalized decision and the difference arising from the opening date of the case is deducted from the subsequent rental prices.
Lawyer Mert Kanalici in the information notes Did you know that you can find more content about Rental Law? Check it out now. Also You can follow us on Instagram!
