FAQ

Construction servitude (kat irtifakı) is the separate registration in the land registry of the independent units of a building whose construction is not yet completed. It facilitates the sale and purchase of properties still under construction.

Stages of establishment:

• Project approval: a building permit and approval of the construction-servitude project are obtained from the municipality;
• Land registry application: an application is filed with the land registry directorate;
• Co-owners: the shares of the landowners are determined;
• Independent units: flats, shops and storage areas are defined.

Once the building is completed, the servitude is converted into condominium ownership (kat mülkiyeti), which requires an occupancy permit (iskan).

A tenant is entitled to recover the deposit (rental security) when the lease ends. If the landlord refuses to return it:

• Notary notice: a formal notice is served on the landlord through a notary demanding the return of the deposit;
• Enforcement proceedings: if payment is still not made, enforcement (icra) proceedings can be started;
• Lawsuit: a claim can be filed for the deposit.

The deposit may be set off against the tenant's obligations such as unpaid rent or compensation for damage. However, the landlord must prove the amount deducted; deductions without supporting documents are not allowed.

A title deed cancellation and registration (tapu iptal ve tescil) lawsuit is an action filed to establish that an entry in the land registry is unlawful and to have it corrected. It may be brought in cases such as:

• Simulation (collusive transaction): a sale is recorded in the land registry although no real sale took place;
• Wrongful registration: an entry made without a valid legal ground;
• Easement registration: registration of easement rights such as right of way, water or light;
• Pre-emption (şufa) right: the statutory right of first refusal of co-owners;
• Recording of inheritance status in the land registry.

The case is filed before the civil court of first instance (asliye hukuk mahkemesi) where the property is located. The duration of the proceedings varies with the complexity of the file.

A landlord may evict a tenant before the lease term ends only in limited cases. Under the Turkish Code of Obligations No. 6098, the landlord may terminate the lease in the following situations:

• Non-payment of rent: failure to pay two months' rent, or repeated default;
• Misuse of the property despite written warnings;
• Disturbing the neighbours and not complying with written warnings;
• Landlord's own need: a housing need for the landlord, their spouse, descendants or ascendants;
• Reconstruction: where the property is to be demolished and rebuilt, or becomes unusable due to renovation.

Termination must be carried out through a notary notice or by court action. Unlawful eviction attempts are prohibited.

Adaptation requires either an agreement between the parties or a court decision; excessive hardship in performance and extraordinary increases may be grounds for it. A written supplementary protocol should be drawn up.

First, send a formal notice and gather evidence; if there is a defect, obtain a determination of evidence (tespit). Where mediation is mandatory, file an application; if no result is reached, court proceedings begin.

For residential leases a statutory ceiling and the CPI (TÜFE) limit apply; excessive clauses to the contrary may be invalid. In commercial leases there is wider freedom of contract, but the rule of good faith still applies.