Abstract:

In the legal regulations of some countries, the principle of tenant protection has been adopted and special provisions have been established to protect the tenant. In these countries, it is generally aimed to protect the tenant by preventing the determination and/or increase of the rental price uncontrolledly. For instance, in German and Swiss law, pursuant to special regulations, the parties cannot freely determine the rental price even when concluding a new lease agreement. In other words, in the mentioned countries, the initial rental price is delimitated by special provisions. In Turkish law, the increase in the rental price over the course of the rental agreement is limited in accordance with the article 344 of the Turkish Code of Obligations No. 6098, but there is no special provision limiting the initial rental price. However, it has been observed that there have been large increases in the initial rental prices in some provinces in Turkey recently. In this study, the limitations on the initial rental price in German and Swiss law will be discussed and it will be examined whether there is a need for restrictions on the initial rental price in Turkish law as in German and Swiss law.

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