The symposium addressed rental disputes and solutions.

The Court of Cassation, the İzmir Chamber of Commerce (İZTO), and İzmir University of Economics (İEÜ) held a symposium detailing the solutions for disputes between property owners and tenants, marking a model collaboration. In the field of …

The symposium addressed rental disputes and solutions.
Publish: 31.10.2024
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The Supreme Court, the İzmir Chamber of Commerce (İZTO), and İzmir University of Economics (İEÜ) organized a symposium that detailed the solutions to disputes between property owners and tenants, marking a model collaboration. The ‘Rental Law Symposium’ featured two different sessions with the participation of nine experts in the field, addressing frequently discussed issues in the public domain such as eviction lawsuits, determination of rent amounts, and termination of contracts.

The symposium, which took place with high attendance and lasted all day, featured opening speeches by İzmir Chief Public Prosecutor Ali Yeldan, the Chairman of the Board of Trustees of İzmir University of Economics and the Chairman of the Board of Directors of İzmir Chamber of Commerce, Mahmut Özgener, İEÜ Rector Prof. Dr. Yusuf Hakan Abacıoğlu, and İEÜ Faculty of Law Dean Prof. Dr. Sevilay Uzunallı.

The symposium was attended by the President of İzmir Regional Court of Appeal İdris Kizir, İZTO Board Member Mahmut Erkoç, Board Member İsmail Kahraman, Assembly Clerk Member Ali Yaramışlı, members of the assembly and high advisory board, and representatives from the sector.

Chief Prosecutor Yeldan: “I believe it will set an example for Turkey.”

Emphasizing that disputes between tenants and landlords affect societal peace, İzmir Chief Public Prosecutor Ali Yeldan stated, “We greatly value the organization of such a meeting in İzmir, bringing all parties of the practice together. I believe this meeting, which aims to resolve issues more quickly and reduce differences in application, will serve as an example for our country. We believe that collaborations are beneficial in every field. We thank İzmir Chamber of Commerce for their contributions. I would like to share a sentence from our Supreme Court President Mr. Ömer Kerkez’s opening speech for the 2024-2025 Judicial Year: ‘Justice is being able to think of the creditor and the debtor, the worker and the employer, the consumer and the producer, the tenant and the landlord, the victim and the defendant at the same time and to give everyone their due.'”

Özgener: “Everyone should take responsibility.”

Emphasizing that rental law is among the most frequently discussed topics in the public domain, President Özgener stated, “The effects of commercial and residential rental disputes on the economy are undeniable. Therefore, it is crucial for our business world to address the issue in all its details. Especially in economies under inflationary pressure, the rate of disputes in rental relationships is increasing. The fact that the rent amounts determined by the parties remain low over time brings the issues of determining rent amounts and eviction lawsuits to the forefront. We believe that everyone needs to take responsibility to resolve these disputes. Firstly, we believe that rental law should be established on a balanced and predictable structure that protects the rights of commercial property owners and tenants. Ensuring contract freedom and transparency is critically important while establishing this structure. If we succeed in this, we think that not only will the stability of businesses contributing to the economy be supported, but also both parties in rental relationships will operate on a fair and transparent ground.”

Rector Abacıoğlu: “Realistic solutions must be produced.”

Pointing out that rental law is one of the issues at the center of everyday life, İEÜ Rector Prof. Dr. Yusuf Hakan Abacıoğlu remarked, “Many people have made rental agreements to meet their housing needs or to acquire suitable workplaces for their economic activities. There are also many individuals who buy houses or workplaces with their savings and try to make a living from the rental income they obtain from these properties. Therefore, it is crucial to be meticulous in regulating rental relationships that deeply affect all of us. The regulations made should be compatible with social and economic life, respond to the needs and problems in practice, be worthy of a social state of law, and ultimately be conducive to ensuring societal peace. In this regard, the importance of meetings like this in producing realistic solutions and forming public opinion should not be overlooked.”

Prof. Dr. Uzunallı: “Application is essential for qualified legal education.”

Highlighting the importance of İzmir Chamber of Commerce’s leadership in organizing the symposium, İEÜ Faculty of Law Dean Prof. Dr. Sevilay Uzunallı stated, “Law and economics are always interrelated. As İzmir University of Economics Faculty of Law, we aim to educate our students in a way that internalizes concepts such as ethical values, fairness, justice, and the rule of law. We have seen how beneficial it is for a quality legal education to be equipped with a strong curriculum alongside application-oriented courses that develop communication skills. When the right methods are chosen for education, our youth achieve significant successes. Indeed, in the last two years, our students have returned with awards from every national competition they participated in, showcasing their talents and determination.”

Eviction lawsuits discussed in detail.

After the opening speeches, the panels began. In the first session of the symposium moderated by İEÜ Faculty of Law Professor Dr. Ayşe Havutçu, members of the Supreme Court’s 3rd Civil Chamber Hikmet Kanık and Muzaffer Gürkanlı, İzmir Chamber of Commerce Legal Advisor Attorney Erkul Erdem, and İEÜ Faculty of Law Dr. Instructor Member Cem Özcan participated as speakers. After presentations on topics such as “Eviction Lawsuit Based on Written Eviction Commitment,” “Eviction Lawsuit Due to Need in Residential and Commercial Rents,” and “Termination of Product Lease in Specific-Unspecific Contracts Regarding Mining Lease Agreements,” participants’ questions were answered.

How rent amounts will be determined was explained.

In the second session of the symposium moderated by Supreme Court’s 3rd Civil Chamber Member Hikmet Kanık, Istanbul Bilgi University Faculty of Law Professor Dr. Mehmet Murat İnceoğlu, Marmara University Faculty of Law Professor Dr. Burak Özen, İEÜ Faculty of Law Professors Dr. Ayşe Havutçu and Dr. Buket Günay, and Dokuz Eylul University Faculty of Law Professor Dr. İlknur Serdar made presentations. In the second session, topics such as “Determination of Rent Amount,” “Is the Initial Rent Amount as Free as Assumed?”, “Landlord’s Liability for Defects,” “Liability for Ancillary Costs in Commercial Lease Agreements,” and “A General Overview of the Law on Renting Properties for Tourism Purposes” were discussed.

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