What is the Difference Between Rent Decoupling and Rent Adaptation?

What is the Difference Between Rent Decoupling and Rent Adaptation? Although the cases of “rent determination” and “rent adaptation”, which come up from time to time in rental relations, seem similar, they are quite different from each other in terms of their legal bases and application conditions. As CEESS Global, we have compiled these two concepts for you in order to make them more clearly understandable. Rent Determination: Re-Determination of the Price When the Period Expires A rent determination lawsuit can usually be filed when the lease agreement expires or after a 5-year extension period. The purpose of these lawsuits is to bring the current rental price to a fair level according to current conditions. In such cases, the court usually determines a new rental price by taking into account economic indicators such as CPI (Consumer Price Index) and the fair prices of rental properties of a similar nature in the area where the real estate is located. This new price determined is mostly valid from the next rental period. So the case makes a forward-looking arrangement, not a past one. Rent Adaptation: Intervention in Economic Imbalance The rental adaptation case is a much more exceptional way. Especially if the rental price has become unbearable for one of the parties as a result of extraordinary developments affecting the society such as economic crises, high inflation, sudden increases in foreign currency. In this case, a lawsuit can be filed before the expiration of the contract is expected. In evaluating the adaptation request, the Court examines whether the “basis of the transaction has collapsed”. If the current conditions create a serious grievance for one of the parties, it may be decided to make a change in the rental price. In such cases, a balance is tried to be established between the principle of loyalty to the contract and fairness. Dec.

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