Mandatory Mediation in Lease Disputes

Under the provisions added to the Law on Mediation in Civil Disputes by Law No. 7445, mediation has been a precondition for lawsuits arising from lease relationships since 1 September 2023.

Scope

Rent determination, rent receivables, eviction claims and other disputes arising from lease agreements fall within this scope. Lawsuits filed without first applying to a mediator are dismissed on procedural grounds.

Exceptions

Eviction requests through enforcement proceedings under the Enforcement and Bankruptcy Law and certain special cases are excluded from mandatory mediation. The correct route must therefore be determined carefully for each dispute.

Effect of the Settlement

A settlement agreement signed at the end of mediation becomes enforceable like a court judgment once an annotation of enforceability is obtained under the conditions set by law. Settlements on eviction can also be enforced in this way.

Recommendations

Landlords and tenants who attend mediation prepared with the lease agreement, payment records and comparable rent research will find it easier to reach a quick and balanced settlement.