06 May Determination Of Rental Price
Determination Of Rental Price
The agreement of the parties regarding the rental price to be applied during the renewed lease periods is valid on the condition that it does not exceed the rate of increase in the producer price index in the previous lease year. This rule also applies to lease contracts lasting longer than one year.
If no agreement has been reached by the parties,the rental price shall be determined by the judge according to the equity, taking into account the situation of the lessor, provided that the rate of increase in the producer price index of the previous lease year does not exceed.
Whether the parties agree on this subject, the rental price to be applied in the new lease year,at the end of each five years or after five years, shall be changed according to the principles set forth in the preceding paragraphs by the judge, in accordance with the principles set out in the previous paragraphs, considering the rate of increase in the producer price index
If the rental price is agreed in foreign currency in the contract, the rental price cannot be changed unless it exceeds five years. Changes in the value of foreign currency are also taken into consideration in determining the rental value after five years have passed.
A lawsuit regarding the determination of the rental price can be filed at any time.
However, if this case is filed by the court until the end of the following new lease period, the rental fee to be determined by the court shall bind the tenant from the beginning of this new lease period, provided that the petition has been notified to the tenant at the latest thirty days prior to the beginning of the new term or has given written notice to the tenant
If there is a provision in the contract that the rental price will be increased during the new lease period,the rental price to be determined by the court in the case to be opened until the end of the new lease period shall also be valid from the beginning of this new term.
Prohibition Of Regulation Against Tenants
The lessee shall not be liable for any other payment other than the rental fee and ancillary expenses. In particular, in the event that the rental price is not paid on time, agreements that the penalty condition will be paid or that subsequent rental costs will be due are invalid.
In other words, as explained, “Due Process” and criminal conditions that constitute a nuisance for tenants are considered invalid.
Accordingly, in case the rental price is not paid on time, the agreements regarding the payment of the penalty condition or the subsequent rental costs will be due are void.
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