How Is the Court Fee Calculated in a Rent Determination Lawsuit? How Does an Insufficient Fee Affect Your Case?

In rent determination lawsuits filed to adjust the rent to current market conditions, there is an issue that most claimants overlook but that directly affects the course of the case: fee calculation. An incorrectly calculated or short-paid court fee can cause the case to drag on unnecessarily, or even be deemed not to have been filed. In this article, in light of Court of Cassation (Yargıtay) case law, we explain how the fee is calculated in rent determination lawsuits, which rate applies, and the consequences of an insufficient fee.

Why This Matters

The fee paid when filing a lawsuit is not merely a bureaucratic formality; under the mandatory provisions of the Fees Law, proceedings cannot continue until an insufficient fee is completed. There is widespread confusion over whether the fee in a rent determination lawsuit is calculated on "the entire rent amount" or on the "rent difference." This confusion can lead both to overpayment of unnecessary fees and to the case being interrupted due to an insufficient fee.

Summary of the Situation

A landlord, believing that the current rent is below market conditions, wants to file a rent determination lawsuit. While preparing the complaint, they need clear information on the amount the fee will be calculated on, which rate will apply, and when and how this fee will be paid.

The Legal Issue

Fees Law No. 492 contains no explicit provision specific to rent determination lawsuits. However, under settled Court of Cassation practice and the Decision for Unification of Case Law dated 07.07.1965, No. 5/5, the fee is calculated on the monthly rent difference. This principle is based on the notion of "applying the shortest and least burdensome procedure, incurring the least expense."

What Does the Court of Cassation Say?

The Value on Which the Fee Is Based: The Rent Difference

According to Court of Cassation, 3rd Civil Chamber, E. 2017/4634, K. 2019/392, T. 2019, the value on which the fee is based is the difference between the monthly rent paid for the last period and the monthly rent awarded/claimed — not the full amount of the rent. If the lawsuit seeks determination of an annual rent amount, then a proportional fee must be charged on the annual gross rent difference (Court of Cassation, 3rd Civil Chamber, E. 2017/5624, K. 2018/9208, T. 2018). An incorrect calculation by courts based on the total annual rent difference is treated by the Court of Cassation as grounds for reversal (Court of Cassation, 3rd Civil Chamber, E. 2025/2618, K. 2025/5853, T. 2025).

Fee Rate

Rent determination lawsuits are subject to a proportional fee. Under Schedule (1) attached to the General Communiqué on the Fees Law, a judgment and instrument fee of 68.31 per thousand must be charged on the value of the disputed matter adjudicated (Court of Cassation, 3rd Civil Chamber, E. 2021/894, K. 2021/2236, T. 2021).

Timing and Procedure of Payment

• Court of Cassation, 3rd Civil Chamber, E. 2017/6528, K. 2017/14907, T. 2017: The application fee and one-quarter of the proportional judgment and instrument fee are collected in advance when the lawsuit is filed.
• Court of Cassation, 3rd Civil Chamber, E. 2018/2880, K. 2018/5557, T. 2018: Under Article 28 of the Fees Law, the remaining balance of the judgment and instrument fee must be paid within two months of the issuance of the judgment.

What Happens if the Insufficient Fee Is Not Completed?

• Court of Cassation, 6th Civil Chamber, E. 2015/11421, K. 2016/1394, T. 2016: The court grants the claimant a reasonable period to complete the insufficient fee.
• Court of Cassation, 6th Civil Chamber, E. 2015/12448, K. 2016/7575, T. 2016: Under Articles 30 and 32 of the Fees Law, subsequent procedural steps cannot be taken and the case cannot proceed until the deficient fee is completed.
• Court of Cassation, 3rd Civil Chamber, E. 2017/4634, K. 2019/392, T. 2019: If the deficient fee is not completed despite the period granted, the file is removed from the docket; under Article 150 of the Code of Civil Procedure (HMK), a case not renewed within the time limit is deemed not to have been filed.

Differences From Similar Lawsuits

Unlike a rent determination lawsuit:

• In lawsuits for determination of tenant status, the fee is calculated on one year's rent (Court of Cassation, 6th Civil Chamber, E. 2014/4268, K. 2014/14574, T. 2014).
• In rent adaptation lawsuits, the value of the case is determined based on the annual total of the difference between the amount requested to be adapted and the rent paid (Court of Cassation, 6th Civil Chamber, E. 2015/4450, K. 2015/6636, T. 2015).
• In eviction lawsuits, the value on which the fee is based is the amount of one year's rent paid for the last period (Court of Cassation, 3rd Civil Chamber, E. 2017/7080, K. 2017/18272, T. 2017).

Points to Watch

• Clarify the type of claim you are making: Whether you are requesting determination of the monthly rent or the annual rent directly affects the amount on which the fee is calculated.
• Calculate on the basis of the difference: The fee is calculated not on the full rent amount but on the difference between the current rent and the requested rent; this prevents you from overpaying unnecessary fees.
• Do not miss the deadlines: One-quarter of the advance fee is due when the lawsuit is filed, and the balance must be paid within two months of the finalization of the judgment.
• Complete an insufficient fee immediately: If you miss the period granted by the court, the case may be deemed not to have been filed; this means a loss of time and effort.
• Determine the correct type of lawsuit: Fee calculation methods differ among rent determination, determination of tenant status, rent adaptation, and eviction lawsuits; choosing the wrong type of lawsuit can lead to an incorrect fee calculation.

Conclusion: What Should You Do?

Although fee calculation in a rent determination lawsuit may seem, at first glance, like a technical detail, it is a critical procedural rule that directly affects the course of the case.

• Before filing, clearly calculate the difference between the current rent and the rent you will claim.
• Clarify whether you are requesting a monthly or annual determination and set the fee accordingly.
• Do not forget to pay the advance fee when filing and the balance within two months of the judgment.
• If you have any doubt about the fee calculation, get support from a lawyer or the court clerk's office before preparing the complaint to determine the correct amount; this prevents unnecessary delay in your case.