What is The Maximum Increase Rate in Office Lease Agreement?

In today’s conditions, it is of great importance that the lease contract is written in detail and the rate of increase is determined clearly in order to prevent or minimize the grievances that may occur for various reasons during the lease term of the lessor and the tenant.

We would like to answer a question that is frequently asked in these periods, is there a limit on the lease increase rate in the office lease agreement?

The regulation on the increase rate restriction entered into force on 01.07.2020. According to this regulation;

TBK II. Determination (4) ARTICLE 344 – The agreements of the parties regarding the rental price to be applied in the renewed rental periods are valid, provided that they do not exceed the change rate according to the twelve-month averages in the consumer price index in the previous rental year. This rule also applies to lease agreements for more than one year.

If no agreement has been reached by the parties, the rental price is determined by the judge by the judge, taking into account the condition of the leased, provided that the rate of change does not exceed the twelve-month averages in the consumer price index of the previous rental year.

Within the scope of the legal regulation, we would like to state that; In office lease agreements, an increase rate above the legally determined limit will be invalid.

Even if it is agreed otherwise in the contract, the rate of increase cannot exceed the rate of change according to the twelve-month averages in the consumer price index in the previous rental year.

For more information, we strongly recommend that you seek support from a lawyer.