STATE'S INTERVENTION IN RESIDENTIAL LEASE AGREEMENTS WITHIN THE CONTEXT OF FREEDOM OF CONTRACT

Housing issue is one of the most important problems of modern societies. Free market economy in countries where this problem exists is deepening this problem. State interferes to house leasing via various ways with the aim of the protection of tenants who live in houses. State's interference to house leasing usually means either the increasing percentage of rent price is limited with an obvious rate or increasing of rent prices is prohibited. However, other mandatory provisions' acception in Turkish law related to house rentings, leads to this definition to be inadequate. Besides in the investigation of whether state's interferences intended to house leasings; although the point of there is no problem in view of private law is asserted, this subject is has not been argued on account of constitutional law sufficiently. In this study, state's interferences intended to house leasings' dimension in constitutional law has been analyzed.