Real estate is often the most valuable asset of a family or a company. We provide legal certainty from purchase and sale to leases, from title disputes to construction contracts.
Scope
- Title deed cancellation and registration actions
- Rent determination and eviction cases
- Condominium disputes
- Partition of co-owned property
- Flat-for-land construction and sale agreements
Leases
Residential and roofed commercial leases are governed by special rules of the Turkish Code of Obligations. Annual rent increases may not exceed the twelve-month average of the consumer price index. Once a lease has lasted five years, the court may set a new rent based on comparable rents and fairness.
Since 1 September 2023, mediation is mandatory before filing a lawsuit in disputes arising from a lease, including rent determination and eviction claims.
Grounds for eviction
A tenant can be evicted only on statutory grounds, chiefly: the landlord’s or relatives’ need for the property, major renovation or reconstruction, the need of a new owner, a written undertaking to vacate, two justified notices within one lease year, or the end of the ten-year extension period. Each ground has its own time limits and formalities.
Title, co-ownership and construction contracts
Actions for cancellation and re-registration of title can be brought in cases such as sham transactions, lack of capacity or abuse of a power of attorney. Co-owners can ask for the partition of a property; mediation is mandatory before these lawsuits as well.
Flat-for-land construction contracts include a promise to sell real estate and must therefore be executed before a notary. The contract should clearly set the delivery date, the allocation of units, penalties for delay and guarantees.
Frequently asked questions
How much can a landlord raise the rent?
For residential and roofed commercial leases, the annual increase may not exceed the twelve-month average of the consumer price index. After five years, a new rent can be agreed or set by the court in a rent determination action.
Is mediation required before a rent determination lawsuit?
Yes. Since 1 September 2023, mediation is a precondition for lawsuits arising from leases; a lawsuit filed without it is dismissed on procedural grounds.
When can a landlord evict a tenant?
Only on statutory grounds: personal or family need, major renovation, the need of a new owner, a written undertaking to vacate, two justified notices, or the end of the ten-year extension period. Each has its own deadlines and formalities.
How should a flat-for-land construction contract be made?
Because it includes a promise to sell real estate, it must be executed before a notary. Privately signed contracts risk being invalid on this point.
Articles are for general information only; always consult a lawyer about your specific situation.