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The Impasse in Appeals in Tenant-Landlord Disputes: Tensions Increase When Justice is Delayed
Rumors circulating behind the scenes suggest the government is preparing to take a new step to address the long-standing judicial gridlock in tenant-landlord disputes, a problem that has become a societal issue. The fact that cases concluded in first-instance courts, particularly rental disputes, are almost automatically appealed creates a significant burden on the justice system.
As those who follow closely know, cases such as rent determination, eviction, and rent arrears are decided in the first instance courts. However, the vast majority of these decisions are appealed by the parties as a routine reflex. This situation causes hundreds of thousands of files to accumulate in regional courts of appeal and leads to appeal processes that can drag on for months or even years.
As the appeals process drags on, legal uncertainty grows, tensions between the parties escalate, social unrest deepens, and unfortunately, sometimes tragic criminal incidents occur.
Most recently, the killing of a landlord by a tenant in Istanbul's Fatih district deeply shocked the public. Similarly, there are landlords who kill their tenants. News of injuries, threats, and violence continues to pour in from all corners of the country. The common thread running through these incidents is the never-ending legal battles and unresolved disputes.
Disputes often hinge on the following issues: rent increase rates, eviction requests, non-payment of rent, and the tenant's legal status when the property is sold.
The parties agree on the same point on all these issues:
The trial could not be completed within a reasonable time.
Lawsuits that drag on for years both victimize landlords regarding their property rights and leave tenants in uncertainty about housing security. The lengthy legal process exhausts the patience of both parties; unfortunately, problems that cannot be resolved in courtrooms are sometimes attempted to be solved on the streets.
Therefore, it is known that tens of thousands of complaints have reached CİMER (the Presidential Communication Center) and political authorities. The common demand of the citizens is clear:
"Cases should not be delayed, and decisions should be finalized within a reasonable time."
It is stated that the government, in response to these numerous complaints, is particularly focusing on the appeals process. The main issues on the table are: speeding up appeal processes in rental disputes, limiting the automatic appeal route for some cases, and implementing new models to reduce the workload of the judiciary.
It is being discussed that concrete and positive steps may be taken on this issue in the coming days. And that's exactly what should happen. Because in law, the most important thing is not just making the right decision, but making that decision in a timely manner.
It should not be forgotten that;
Delaying justice constitutes not only a loss of individual rights but also a public risk.
Every delayed file, every growing uncertainty, creates an effect that undermines social peace and erodes trust.
Tenant-landlord disputes are no longer just a private legal matter between two parties; they have become a social problem affecting millions of people. Therefore, any steps taken will not only ease the burden on the judicial system but will also directly contribute to the peace and harmony of society.
Written by: Nilüfer Kas