Real Estate Lawyers In Turkey | The owner servitudes his moveable or immovable thing in favour of the tenant. According to this, the owner waives their rights of using the property for a time as rental agreement is in effect. So the tenant gets the right to “use and benefit” the property they rented.

Because the topic of the text is the contracts made about houses and apartmens we will only mention about this. The owner waives their rights of using their property. This gives the renter the right of habitation. This is the legal base the tentant lives in the house they rented.

Dispossessing the Tenant

First of all, we should state that the articles by the Turkish law generally makes us decide for the favour the the tenant. In Turkey, tenants are more protected by law than the owners. That’s why the tenants usually have the advantage. The reason might be tenants’ being a large majority in Turkey. Additionally, we know that in other states of law, the tenants have the advantage as well.

In the contemporary law, owners have less chance to win cases than they used to.  Legally, for the owner to disposess the tenant, verbally talking to the tenant and making them leave the home is no longer valid legally. The owner must have the VALID REASONS stated in the Law of Obligations article 299 and the articles following it.

• If the owner or someone in his family needs the property that is mentioned
• If the immovable property needs to be reconstructed, ameliorated or renovated
• If the tenant has made a eviction notice (The tenant should have made a notice that they will leave the property without any condiitons. This notice should be codified.)
• If the owner learns that the tenant has another property that is able to stay (In this case the owner can demand the tenant to leave the property with bonefide)

If there is at least one of those rightful reason, the owner can make the tenant leave the house BEFORE THE CONTACT ENDS. But this cannot be made directly. In the first stage, the owner should istigate a warning in the notary.

This warning is a declaration that he house should be left in the official form. Also, this warning states that the owner makes the tenant leave the house for a rightful reason. If the tenant won’t leave the house, it’s up to the local authorized court. The owner demands the tenant to leave the house by using a copy of the official warning.

This is called eviction case. If the court orders a verdict against the tenant, the final process begins. This is also called “Posession Order”. If the tenant stil lrefuses to leave the house in a time the court has stated, this time with a compulsory execution, the tenant gets forced out of the house.

If the tenant is evicted without the reasons and processes stated, they must report to the police and the court and have a verdict that the owner should act according to the law. It should not be forbidden that law protects everyone.

Process of Dispossessing a Tenant Out of His/Her Tenement. For further information please contact us. | Real Estate Lawyers In Turkey

How To Take Property In Turkey? | The property right is one of the basic individual rights stated in the constitution of Turkey. According to article 383 of Turkish Civil Law, for someone to be able to use, benefit, or dispose of a thing whether it’s moveable or not, one has to have a right to own it. The property owner can take his/her property back by filing a claim in court from the occupant, protect his/her property against all assaults or litigate to do so.

Can A Foreigner Be a Proprietor in Turkey?

There is no problem in the disposition of a thing that is a result of a trade. This means a foreigner that is not a citizen of Turkey can own a thing without any conditions. But there are some exceptions like the trade of automobiles.

But can a foreigner be a proprietor of an immovable property in Turkey? The answer should be given according to the 2664th act of 1934. A foreigner’s being able to own immovable property results based on reciprocity. So, if citizens of Turkey can own an immovable property in the foreigner’s country, he/she is allowed to own an immovable property as well. But a foreigner’s owning immovable property is regulated by the rules between articles of the Turkish Civil Law 705 and 715.  Legal transactions like conditions of forms of jurisdic acts, states of registration and sales contracts have to be made according to the Turkish law.

If not so, the problems of foreigner’s owning the immovable property resolved in Turkish in an authorized Turkish court according to the Law of property. The trade of immovable property is not valid if the sales contract is made only as a simple contract or the property is simply left to the proprietor. Because according to Turkish Law, validation of a sale of an immovable property is liable to the OFFICIAL FORM. Hereunder, for the immoveable trade to be valid, the immovable property have to be recorded to the title deeds registry office. Otherwise, the trade will result in nullity because it does not fit the official form. | How To Take Property In Turkey?

The Indication of the Title (Ownership)

According to the rules of the Turkish Civil Law, when a property is registered, title deeds registry office gives the new proprietor a document. In this document, there is information about the immovable property and the proprietor’s ID. This document is a deed confirming that the proprietor’s ownership of the property. It should be stated that this document cannot be provided by a notary, it can be only obtained via an authorized title deeds registry office. | How To Take Property In Turkey

Liability Without Fault Related to Property

One of the liabilities that are exceptional in Turkish law is the liability of the proprietor without fault. The property can be a building, an estate or a land. If an error happened in the building stage or the lack of maintenance causes a damage to a person or a thing that is owned, the proprietor is liable to recover the loss. Even if the proprietor proves that he/she has no fault, he/she is still liable to recover it. If a damage happens because of the exceeds usage of the land or estate, the proprietor will recover this loss as well. He/she has no possibility to exclude liability.

For further information please contact us. | How To Take Property In Turkey?