The 25% rent increase application with its legal and sociological dimensions: An empirical study in the instance of Ardahan province

Since the day humankind has existed, there has been a desire to possess things. This desire is one of the fundamental principles that give rise to property and the right to property. The right to property, one of the natural rights that John Locke (1632-1704) identified as life, liberty, and property, has over time become a subject of critical importance in its legal, sociological, political, and cultural dimensions. The right to housing, one of the most important extensions of the right to property, is considered one of the most significant social rights within the context of human rights. Also referred to as the right to shelter, the right to housing is a second-generation right that includes guarantees such as protection from forced eviction from places used for shelter, ensuring these places meet social needs, and preventing exorbitant rent prices for tenants. The right to housing occupies a place in national and international law that aligns with the dignity of being human. In addition to addressing the need for shelter, it also signifies that everyone should have access to the means to sustain their material existence. However, it is not practically possible for all individuals in society to own a house. For this reason, a rental agreement is established between homeowners who hold the right to property of the residences and tenants who need to use these residences. In this way, one party gains financial benefit through the property they own, while the other party fulfills their need for shelter in exchange for payment. As is known, within the scope of freedom of contract, individuals can freely determine the terms of the contracts they make. This general rule also applies to rental agreements. However, there are certain exceptions to this freedom, arising from both general legal principles and legislative regulations. The legal regulations concerning the 25% rent increase cap in residential leases, which is the subject of this study, can be cited as an example of these exceptions. In this context, the present study examines the legal regulation that affects a broad section of society from legal and sociological frameworks, such as the right to property and freedom of contract. A regional study was conducted in the province of Ardahan using the Mixed Method approach to reveal the social impact of the law. During the interviews, a Fully Structured Interview Form containing both open-ended and closed-ended questions was used. Following the interviews, data were obtained indicating that, as a general opinion in society, the legal regulation is perceived as favoring tenants while disadvantaging landlords; that the regulation has led to rent increases in the short term; and that, in general, landlords do not comply with the regulation. With this method, individuals' perspectives on the legal regulation have been revealed, and it is aimed to provide a legal and sociological data source to lawmakers for the development of such a regulation, if a similar legal arrangement is needed in the future.