Is It Possible To Change The Rent Amount In The Lease Agreements Determined In Foreign Currency?
The rent determined in foreign currency cannot be changed until 5 years have passed. In the case of determination of the rental price to be opened at the end of five years; the judge will determine the new rental price by taking into account the -/+ movement in the exchange rate, the condition of the leased property, and the precedent rental prices.
However, according to Article 53 of the Law No. 6353 amending the Law No. 6101 on the Enforcement and Implementation of the Code of Obligations No. 6101 with the provisional Article 2 of the Law No. 6217; in the workplace leases where the lessee is the persons considered as merchants in the Turkish Commercial Code and private law and public law legal entities, Articles 323, 325, 331, 340, 343, 344, 346 and 354 of the Turkish Code of Obligations No. 6098. Articles 323, 325, 331, 340, 343, 343, 344, 346 and 354 of the Turkish Code of Obligations numbered 6098 cannot be applied for 8 years as of 1.7.2012, and in this case, it is stipulated that the provisions of the lease agreement will be applied in accordance with the freedom of contract regarding the issues specified in these articles in the lease agreements. For this reason, in the lease agreements to be concluded with the lessees who are merchants, the rental prices can be determined within the framework of the provisions of freedom of contract without being subject to the limitations in Article 343 of the CO.
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