Supreme Court ruling: Tenants can reclaim excess rent paid under duress

Turkey's Supreme Court has issued a landmark ruling benefiting tenants who face excessive rent demands under duress. The court determined that tenants can reclaim overpaid rent, collected illegally due to landlord pressure or threats, under the legal principle of "unjust enrichment."

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The overpaid rent amounts collected without justification can be claimed back retroactively under 'unjust enrichment'.

The ruling came after a tenant in Ankara's Polatlı district was subjected to constant rent increases and threats of eviction and electricity cutoffs by the landlord's wife. To avoid further issues, the tenant paid a total of 9,822 Turkish lira above the legally mandated rent by the end of 2024. The tenant sought the return of these excessive payments, with interest.

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The tenant paid excessive rent amounts under pressure and in violation of regulations.

Initially, the local court dismissed the case, classifying it as a claim for "restitution" and arguing it was only applicable to funds recovered through finalized enforcement proceedings. The court also ordered the tenant to pay 18,000 Turkish lira in attorney fees to the landlord, nearly double the amount claimed.

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The legal qualification of the events belongs to the judge within the scope of the Code of Civil Procedure.

However, the Supreme Court's Third Civil Chamber overturned this decision. It emphasized that judges are responsible for legally classifying cases based on the facts presented, not solely on the terminology used by the plaintiff. The court stated that the dispute stemmed not from an enforcement proceeding, but from the return of unfairly collected rent. Therefore, the case should be evaluated as an "unjust enrichment" claim, allowing the tenant to pursue the recovery of rent paid under pressure and in violation of regulations.

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The dispute arises not from an enforcement proceeding, but from the return of unfairly collected rent.