Mandatory Mediation in Tenancy Disputes
Key information on the scope, exceptions and procedure of mandatory mediation in disputes arising from tenancy relationships under Turkish law.
Following the amendment made to the Law on Mediation in Civil Disputes by Law No. 7445, applying to a mediator before filing a lawsuit has been a mandatory precondition in disputes arising from tenancy relationships since 1 September 2023. This rule has changed the first step of the process for landlords and tenants alike.
Which disputes are covered?
Most disputes arising from a tenancy relationship fall within the scope of mandatory mediation. Examples include:
- claims for the determination and adjustment of rent,
- claims concerning unpaid rent and ancillary charges,
- claims for eviction from the leased property,
- claims for the return of the security deposit and for damage caused to the leased property.
The same amendment also brought disputes concerning the partition of co-owned property, condominium ownership and neighbour law within the scope of mandatory mediation.
Exceptions
Eviction requests pursued through enforcement proceedings without a court judgment, as regulated in the Enforcement and Bankruptcy Law (İİK), fall outside the scope of mandatory mediation. For example, enforcement proceedings initiated because of unpaid rent, or proceedings based on a written undertaking to vacate, can be pursued directly through the enforcement office. Which route to follow should be determined according to the circumstances of the specific case.
How does the process work?
- The application is made to the mediation office at the other party’s place of residence or at the place where the lawsuit would be filed.
- The mediator appointed by the office invites the parties to the first meeting.
- As a rule, the mediator concludes the process within three weeks of appointment; where necessary, this period may be extended by up to one week.
- If an agreement is reached, an agreement document is drawn up. An agreement document signed jointly by the parties, their lawyers and the mediator is treated as having the effect of a court judgment.
- If no agreement is reached, a final report is drawn up and the lawsuit is filed together with this report.
Consequences of not attending the meeting
Where it is recorded in the final report that a party failed to attend the first meeting without a valid excuse, that party will bear all of the court costs even if it is wholly or partly successful in the lawsuit, and no attorney’s fee will be awarded in its favour. Invitations to mediation should therefore be taken seriously.
Coming prepared
Gathering documents such as the lease agreement, payment receipts, formal notices, correspondence and photographs showing the condition of the leased property before the mediation meeting, and determining in advance the legal basis of the claim and a reasonable settlement range, help make the process productive.
This article has been prepared for general information purposes only and does not constitute legal advice. You are advised to consult a lawyer for an assessment of your specific situation.