2. küçük dairemde kira artış anlaşmazlığı

[İsmail Ufuk]

Diğer dairemdeki kiracım da duygu sömürüsü ve üstü kapalı caydırıcı imalarla (hiç kira ödemeyenlerin bile zor çıkarılması konularından bahis vs) TÜFE oranında zam yapmayı kabul etmiyor.
Kontrat net. TUFE kadar artış. Ben de ekstra bir artış talep etmiyorum. TUFE artışı ile rayiçlerin de üstüne çıkan birşey de yok üstelik. Aksine aynı sitede benim kiracı 19 öderken benzer dairelerde 24-26 arası sene başından beri kira ödeyenler var. Gelecek sene onların kiraları 30 u aşacak.
1 haftadır bir mücadele halindeyiz. %30 zam yapalım (19dan 25e çıkacak) TUFE zaten üst sınır deyip duruyor. Ben de %50 kontratta yazılı hakkımı istiyorum. 28500 oluyor ama 28 olsun diyorum.
Bu 3. yıl olacak. Geçen yıl ki 11 ay boyunca kirayı bir kez bile ayın 1i ile 5i arasında (kontratta yazan) ödeyemedi ama ben vicdani olarak üstelemedim. Genelde ayın 15i yarısını yolluyor 10bin gibim kalan 9u da 20-25 arası.
Şimdi diyeceksiniz ki ha 25 ha 28. Arada buluşun.
Ama şöyle bir durum var. Yukarda yazdığım gibi rayiçler 30u geçecekken ben 6-7bin ucuza vermek istemiyorum zaten 28 olunca da 3-4 bin ucuz oturacak. kendim de emekliyim hayat standardım çalışma hayatım boyunca aldıgım bu 2 yatırımlık daireden gelen kiralarla dengeleniyor.
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Tavsiyeleriniz?

[frmax]

Azami TUFE oraninda arttirabilirsiniz bunda behis yok. Kalani icin anlasmaniz sarttir. Eger TUFE orani istiyorsaniz bunu kiraciya bildirin eksi durumda kirayi eksik odemis olacagini ve yesal islem baslatacagini belirtin.

[Av.Yusuf Selçuk Ateşkan]

Sözleşmede yazan ve kanundaki üst sınırı geçmeyen artış yapılmazsa, yani kira eksik ödenirse icra takibi yapmalı, ardından şartları oluştuğunda -arabuluculuk dava şartını yerine getirerek- temerrüt nedeniyle tahliye veya iki haklı ihtar nedeniyle tahliye davası açmalısınız.

[EllenSAICS]

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