MEDIATION AS A CONDITION FOR FILING A LAWSUIT IN RENTAL DISPUTES

The Official Gazette No. 32154 published on 05.04.2023 and the “Law on Amendments to the Enforcement and Bankruptcy Law and Some Laws” entered into force.

According to Article 37 of the relevant Law, Article 18/B was added to Law No. 6325 on Mediation in Legal Disputes after Article 18/A, and the areas subject to the mediation process as a condition for filing a lawsuit were expanded. This amendment made in the Law will enter into force on 01/09/2023 and according to Provisional Article 3 added to Law No. 6325, “The provisions of Article 18/B regarding mediation as a condition for filing a lawsuit shall not apply to the cases pending before the first instance courts and regional courts of justice and the Court of Cassation as of the date of entry into force of this article.” provision has been introduced.

With Article 18/B added to Law No. 6325, disputes arising from lease relations (except eviction by summary execution), disputes related to the dissolution of the partnership, disputes arising from condominium ownership, and disputes related to neighbor rights are included in the scope of mediation as a condition for filing a lawsuit. With the inclusion of these disputes in the scope of mediation as a condition for filing a lawsuit, the possibility of going directly to the lawsuit has been eliminated. The parties who want to go to court for these disputes must apply to the mediator beforehand and obtain a non-agreement report from the mediator in case they cannot agree as a result of the mediation negotiations and file a lawsuit by submitting this report to the court. Otherwise, their filed lawsuits will be rejected on procedural grounds.

Article 37 - The following article has been added to Law No. 6325 on Mediation in Legal Disputes after Article 18/A by Article 37 of Law No. 6325.

"Mediation as a condition for filing a lawsuit in some disputes

ARTICLE 18/B- (1) In the following disputes, it is a condition for filing a lawsuit that the mediator has been applied to before filing a lawsuit:

a) Disputes arising from lease relations, excluding the provisions regarding the eviction of leased immovables by summary execution according to Law No. 2004.

b) Disputes related to the partition and dissolution of partnership of movables and immovables.

c) Disputes arising from the Condominium Law No. 634 dated 23/6/1965.

ç) Disputes arising from neighbor rights.

(2) In case of an agreement between the parties at the end of the mediation process, the agreement document is prepared by the limitations, procedures, and principles stipulated in the laws regarding immovables.

(3) It is mandatory to obtain the annotation regarding the enforceability of the agreement document prepared within the scope of this article and this annotation is obtained from the civil court of peace where the immovable is located for the agreement documents related to immovables and from the civil court of peace where the mediator performs his duty for other agreement documents. The court examines the content of the agreement document, whether it is suitable for mediation and compulsory execution, and whether it complies with the limitations, procedures, and principles stipulated in the laws regarding immovables; it can request information or documents from institutions or organizations and hold a hearing if necessary.

(4) The provisions of Article 18 shall apply to other matters regarding the annotation of enforceability of the agreement document."

Article 38 - The following provisional article has been added to the Law No. 6325 by this Law.

“PROVISIONAL ARTICLE 3- (1) The provisions of Article 18/B added to this Law by this Law, regarding mediation as a condition for filing a lawsuit, shall not apply to the cases pending before the first instance courts and regional courts of justice and the Court of Cassation as of the date of entry into force of this article.”