Mediation in Lease Disputes

Article 18/B, added to the Mediation in Civil Disputes Law No. 6325 by Law No. 7445, made mediation a mandatory precondition for disputes arising from lease relationships. In actions filed after 1 September 2023, the claim is dismissed on procedural grounds if the final mediation report is not attached to the statement of claim.

Which disputes are covered?

Disputes arising from a lease, such as rent determination, unpaid rent, eviction of the tenant, return of the deposit and damage to the premises, are covered. Eviction through summary enforcement proceedings under the Enforcement and Bankruptcy Law is excluded. An eviction request within enforcement proceedings for unpaid rent can therefore be pursued without mediation.

How does the process work?

1. Application: The application is made to the mediation office where the other party resides or where the property is located.
2. Meetings: The mediator concludes the process within three weeks of appointment; this may be extended by up to one week where necessary.
3. Outcome: If the parties agree, a settlement agreement is drawn up. When also signed by the parties’ lawyers, it has the effect of a court judgment for enforcement purposes.

A party who fails to attend the first meeting without a valid excuse bears all court costs, even if they later win the case.

What to watch for

Mediation should not be treated as a formality. In rent determination, comparable rents, and in eviction, evidence of need or reconstruction, directly determine negotiating strength. Applying to mediation suspends limitation periods, but the calculation of time limits still requires care.

Conclusion

A well-prepared mediation can end in a few weeks a dispute that might otherwise take months in court. Going into the meetings with documents and a realistic settlement range is the most efficient route for both landlords and tenants.