Property disputes in Turkey: rent, developers, co-ownership and title cases

Property disputes in Turkey: rent and eviction

• Eviction case: for unpaid rent, the landlord’s need or a valid written eviction undertaking
• Rent determination case: to adjust the rent to market level after five lease years
• Return of the deposit and damages after the lease ends

The competent court is the civil court of peace. For the rules on lease contracts see sale and lease contract review.

Disputes with a developer: delay and defects

A buyer of an off-plan home can, if delivery is delayed, demand performance, the contractual late-delivery penalty, or withdraw from the contract and claim a refund. Construction defects should be notified to the developer in writing and, where necessary, evidence should be secured through a court-ordered inspection (delil tespiti). If the home was bought for own use, the consumer court is often competent. To claim the title transfer through court, the promise-to-sell contract must have been made before a notary.

Shared property and dissolution of co-ownership

If a property belongs to several owners who cannot agree, each co-owner may request dissolution of the co-ownership (izale-i şuyu). If the property cannot be divided in kind, the court orders a sale and the proceeds are shared according to the shares. This is common among heirs and after spouses separate; see family law for foreigners in Turkey.

Title cancellation and registration case

A title cancellation and registration case arises, for example, when a power of attorney is misused, in cases of fraud, or when a notarised promise to sell is not honoured. The competent court is the civil court of first instance where the property is located, and this jurisdiction is exclusive. To stop the property being sold while the case is pending, an interim injunction is requested and recorded on the title deed.

Mandatory mediation in property disputes

1. Application

   The application is made to the mediation office of the competent courthouse.

2. Meeting

   The parties or their lawyers attend; with the mediator’s consent, participation by video is possible.

3. Agreement or lawsuit

   An agreement with an enforceability annotation has the effect of a court judgment; without agreement, the lawsuit is filed with the final minutes.

General framework of court and enforcement proceedings: litigation for foreigners in Turkey.

Handling the case from abroad

• The litigation power of attorney is issued at a Turkish consulate or before a notary with an apostille; see power of attorney from abroad.
• The lawyer attends hearings; the file is followed through UYAP.
• Foreign claimants may have to provide security for costs, depending on agreements with their country.
• A final judgment is implemented at the Land Registry or the enforcement office.

Frequently asked questions about property disputes

Official sources and related pages

• Code of Civil Procedure No. 6100
• Law on Mediation in Civil Disputes No. 6325
• General Directorate of Land Registry and Cadastre (TKGM)
• Buying property in Turkey as a foreigner