Real Estate and Lease Law

In property disputes the file is usually decided not by the land registry entry itself but by the chain of documents behind it: the promise to sell, the consent, the power of attorney, the payment slip. In tenancy disputes the decisive point is rarely the wording of the lease; it is whether the formal notice was given properly and in time.

Ownership disputes Cancellation of title deed and registration, allegations of collusion and deceit, misuse of a power of attorney, registration based on possession and acquisitive prescription, prevention of interference with property, occupancy compensation (ecrimisil), correction of the land registry entry, objection to cadastral determination.

Joint ownership Actions for dissolution of joint ownership (izale-i şüyu), disputes between co-owners over use, the right of pre-emption (şufa), disputes over common areas under condominium ownership. The court first considers whether the property can be divided in kind; if division is possible and one of the co-owners has asked for it, division in kind is ordered, and otherwise the property is divided through sale. The sale takes place by public auction, and if the co-owners wish, the auction is held among themselves alone.

Construction and development Drafting and reviewing flat-for-land construction contracts (kat karşılığı inşaat sözleşmesi), compensation for delay and defective performance, the position of third parties who buy a share from the contractor, construction servitude and condominium ownership procedures, owners' rights in urban regeneration. A flat-for-land construction contract is, as a rule, invalid unless made in official form before a notary.

Tenancy and the duty to use the property with care Drafting lease agreements, determination and adaptation of rent, eviction claims, enforcement proceedings based on a written undertaking to vacate, collection of unpaid rent, deposit disputes. A tenant must use the property in line with the agreement and with due care. Where that duty is breached, the landlord gives written notice allowing at least thirty days for the breach to be remedied, and may terminate the agreement if it is not. In situations such as deliberate serious damage to the property, no period need be allowed.

Expropriation Actions for determination of the expropriation price and for registration, de facto expropriation without procedure, urgent expropriation measures, and claims brought in the administrative courts against an expropriation decision.

Frequently asked questions

In which situations can a tenant be evicted? The grounds for eviction are listed exhaustively in the law. Those arising from the landlord include a genuine housing or business need of the landlord, their spouse or dependants, and reconstruction of the property. Those arising from the tenant are a written undertaking to vacate, two justified written warnings within one lease year, and the tenant owning a suitable dwelling within the boundaries of the same district. Where rent goes unpaid, eviction may also be sought through default proceedings.

What happens if we cannot agree on a rent increase? If the lease sets an increase rate, that rate applies provided it does not exceed the statutory ceiling. If no agreement is reached, an action for determination of the rent is brought. The case must be filed at least thirty days before the start of the new period, or the landlord must convey the increase request to the tenant in writing within the same period. If that condition is not met, the judgment applies only from the following period.

If the landlord sells the property, does the lease end? The lease does not end by itself; the new owner steps into the landlord's position. The new owner may seek eviction on the ground of a housing or business need for themselves or their relatives. To do so they must notify the tenant in writing within a short period from acquisition and then wait out the period laid down in the law.

Can a single co-owner bring an action to dissolve joint ownership? Yes. Under both shared and joint ownership, each co-owner may seek dissolution unless there is an agreement to the contrary. The claim is directed at all co-owners; one co-owner staying out of the proceedings does not stop them. Where the co-owners have agreed not to divide the property for a set period, that agreement may be annotated on the land register and then relied on against third parties as well.

How long do I have to exercise a right of pre-emption? Under shared ownership, when one co-owner sells their share to a third party the other co-owners acquire a right of pre-emption. A short forfeiture period runs from the date the sale is notified through a notary; even where no notification is given at all, a longer outer period runs from the date of sale. The right is exercised by bringing a claim, and notifying the other side is not sufficient.

What can be claimed for property used without permission? An owner may seek both the prevention of interference and occupancy compensation for the use. Occupancy compensation can be claimed for a limited period going back in time, and the amount is set through research into comparable rents and an expert examination.

Time limits and procedures

• Action for determination of rent: the case, or a written notice of increase, at least thirty days before the start of the new period.
• Eviction on the ground of need: the case within one month of the end of the lease term or of the date fixed by observing the notice period. Undertaking to vacate: one month from the date stated in the undertaking.
• A new owner's need: written notice within one month of acquisition, then the case at the end of the waiting period.
• Eviction for default: for residential and roofed business premises, a written warning allowing at least thirty days is compulsory.
• Right of pre-emption: three months from notification through a notary, and in any event two years from the sale. Occupancy compensation: five years going back.
• Competent court: the civil court of peace for tenancy disputes and dissolution of joint ownership; the civil court of first instance for cancellation of title deed and registration, pre-emption, prevention of interference, occupancy compensation and construction contract disputes.
• Court with jurisdiction: for claims concerning rights in rem over immovable property, the court of the place where the property is located has exclusive jurisdiction.

In property and tenancy disputes the outcome takes shape according to the land registry entry, the agreement, the way notices were served, and the site inspection and expert examination. No undertaking as to result can be given at any stage.