Landlord demanded 35,000 TL for a 20,000 TL rent: The remarkable solution found by the mediator
New examples of tenant-landlord disputes continue to occupy the public agenda. In a house where the tenant was paying 20,000 TL in rent, the landlord claimed the market rate was 40,000 TL and demanded 35,000 TL. When the parties could not reach an agreement, a remarkable solution was found through mediation. Here are the details...
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In addition to landlord-tenant disputes, issues between neighbors can also be resolved in the presence of a mediator. The mandatory mediation practice for rental disputes, which was implemented as of September 1, 2023, continues to provide solutions to many problems.
Explaining three significant real-life mediation examples to milliyet.com.tr, Dr. Umut Metin, spokesperson for the Turkey Mediators and Mediation Centers (TURAMEP), stated the following:
“One real-life mediation example involved obtaining an eviction commitment in exchange for a reduction in rent. There was a lease agreement between the parties that renewed every February. A mediation meeting was held in August. According to the property owner, comparable rents in the area were at the 40,000 TL level. The landlord was asking for 35,000 TL in rent from their tenant.”
The tenant also stated that it was not possible to pay a rent of 35 thousand TL. As a result of the meeting, the tenant understood that the market rental value stated by the property owner was an accurate figure.
An agreement was reached between the parties in the presence of a mediator: It was decided that the rent would continue at the current rate of 20 thousand TL. The rent did not increase to 35 thousand TL as the property owner had requested, but it was agreed that a commitment to vacate the property would be provided 6 months later.
The tenant's evacuation of the property at the end of the lease term has been secured. However, the tenant was also not forced to pay a higher price. This mediation example is one of the most common settlement scenarios encountered in practice.
In another real-life mediation example, the dispute between a tenant and a landlord regarding the rent amount had also been referred to the prosecutor's office. The tenant was residing in the property for a rent of 3,500 TL, while the landlord stated that comparable rents were between 10,000 and 12,000 TL. The tenant, however, insisted that they would not pay any rent other than 3,500 TL. The tenant stated, "You already came to my home, insulted me, and threatened me; I do not want to reach an agreement with you."
During the meeting, we learned that there was also a complaint filed with the prosecutor's office between the parties based on insults and threats. Mediation is not an institution where criminal complaints are terminated; however, in cases of crimes subject to complaint and crime types that can be eliminated through the reconciliation mechanism, mediation can play a supporting role.
The complaining tenant submitted a petition to the prosecutor's office stating that they were withdrawing their complaint. The tenant had also provided an eviction undertaking to the mediator. Thus, after the complaint was withdrawn, the eviction undertaking was delivered to the property owner. The tenant gained the opportunity to remain in the property for a while longer with a rent of 3500 TL.
The third example of mediation was based on a dispute between neighbors. Nowadays, people do not know the people they live with in the same apartment building or residential complex. If a dispute arises, there is no authority to reconcile them. The people who used to be the "big sister" or "big brother" of the neighborhood no longer exist in urban life. Mediation is exactly what fills this void.
There was a dispute between two neighbors living in the same building, one above the other, due to noise. The subject of the dispute had previously been taken to the prosecutor's office after the parties filed complaints against each other. The mediation meeting began in a stressful atmosphere. There had been no physical violence.
The parties ended the dispute by withdrawing their mutual complaints filed with the prosecutor's office. The reconciliation of the parties was achieved through mediation. One of the neighbors stated that the noise was caused by their child and that they would take precautions. They said they would install a different covering for the floor of the house to stop the sound. The agreement of the parties through mediation was significant.
Mediation has a wide scope of application in disputes arising from neighborhood relations and condominium ownership.