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Yargıtay issues landmark rulings on rental deposits and fuel liability
The Turkish Court of Cassation (Yargıtay) has issued several landmark rulings affecting tenants, property owners, and consumers.
Regarding rental deposits, the court ruled that if a property is sold, the former landlord remains liable for the return of the security deposit unless they can prove the funds were officially transferred to the new owner. This decision follows a dispute in Gaziantep where a tenant sought the return of a 300-dollar deposit after the property changed hands.
In consumer protection, the court established that fuel distributors are jointly liable with local service stations for damages caused by incorrect fuel types. This stems from an incident in İzmir where a vehicle suffered significant damage due to a fueling error. The ruling clarifies that the main distributor, as the 'provider' under consumer law, shares responsibility for defective services regardless of whether they were aware of the specific error.
Additionally, the court addressed architectural integrity, ruling that unauthorized exterior modifications, such as glass balconies or iron railings that deviate from the original building project, must be removed to preserve the architectural unity of apartment buildings.
Entities
Adalet Bakanlığı · Gaziantep · Gaziantep 1. Sulh Hukuk Mahkemesi · Marmaris 1. Sulh Hukuk Mahkemesi · Yargıtay · Yargıtay 3. Hukuk Dairesi · İzmir
Claims
What the coverage asserts, and how many sources carry each claim.
- [○ 1 SOURCE] For eviction cases, the court must determine if a property is covered by residential/roofed workplace lease laws or general lease provisions. www.son.tv
- [● 2 SOURCES] In cases where a property is sold, the former owner must prove they transferred the security deposit to the new owner. batmanrehbergazetesi.com · www.sesgazetesi.com.tr
- [● 2 SOURCES] If the transfer of the deposit cannot be proven, the former owner remains liable to return the deposit to the tenant. batmanrehbergazetesi.com · www.sesgazetesi.com.tr
- [● 3 SOURCES] The 3rd Civil Chamber of the Court of Cassation issued rulings regarding tenant, landlord, and consumer rights. batmanrehbergazetesi.com · www.sesgazetesi.com.tr · www.son.tv