Court of Cassation ruling affects millions of tenants! Eviction could be on the table...

The Court of Cassation has issued a precedent-setting ruling for tenants who pay their rent via IBAN.

According to a report by Merve Kapan from Sözcü, a tenant had initially agreed with their landlord to pay the rent in cash. However, in later periods, they began making rent payments through the bank. During this process, it was alleged that the landlord received incomplete payments due to bank fees deducted during the transfer process. Consequently, the landlord applied to the court, arguing that the missing amount should be considered unpaid rent, and requested the tenant's eviction.

The local court ruled that the rent must be paid in full but did not provide a clear decision on whether the transfer fee was the tenant's responsibility. Upon the landlord's appeal, the case was moved to the Court of Cassation. The Court of Cassation overturned the local court's decision and requested a retrial. As a result of the proceedings, the court changed its previous decision and ruled for the tenant's eviction.

TRANSFER FEES ARE THE TENANT'S RESPONSIBILITY

The landlord argued that they received incomplete payments because the bank transfer fees deducted during the transaction were not covered. Taking this claim into account, the General Assembly of Civil Chambers of the Court of Cassation reached a critical decision.

The court stated that in rent payments made via bank transfer, the transfer fees must be covered by the tenant. It emphasized that otherwise, the payment would be considered incomplete, which could serve as grounds for eviction.

The Court of Cassation's ruling included the following statements:

"Payments made in an incomplete manner are not legally accepted if they are not carried out as specified. The court must reject the objection made regarding the pursued outstanding rent amounts and must rule for the tenant's eviction. The court's decision was overturned by a majority vote."

News Source: 12punto