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6 clusters · 38 sources · 27 days · First seen about 1 month ago · Last updated 4 days ago

Turkish Court of Cassation real estate rulings

Overview

The Turkish Court of Cassation has issued several significant rulings clarifying legal obligations in real estate and rental disputes. In a landmark precedent regarding property ownership, the court ruled that a title deed transfer alone may not prove legal ownership if the actual use of a property contradicts the registry. The court rejected the “good faith buyer” defense, ruling that buyers cannot claim legal protection if they fail to verify a property’s occupancy status through physical inspection.

Regarding the Turkish Code of Obligations, the 3rd Civil Chamber addressed the distribution of prepaid rent following a property sale, ruling that the previous owner must refund prepaid rent covering the period after a sale. In Gaziantep, the court held that former owners remain liable for security deposits unless they prove funds were transferred to the new owner. The court also clarified that disputes involving coerced rent increases should be evaluated under “unjust enrichment” rather than strictly “recovery of payment” (istirdat) lawsuits. Additionally, judges must use on-site inspections to determine a property’s ‘superior characteristic’ to apply correct lease laws, and unauthorized exterior modifications must be removed to preserve architectural unity.

Recent legal analysis further clarifies maintenance duties under the Turkish Code of Obligations. While tenants are responsible for routine cleaning and upkeep, landlords must cover major repairs such as plumbing replacements, floor renovations, and elevator maintenance, though lease terms may alter these responsibilities if they do not violate mandatory laws. Furthermore, experts have identified eviction tactics used by landlords to remove tenants paying below market rates, such as falsely claiming a personal need for occupancy. If a property is evicted for personal use, the law prohibits renting it to a third party for three years; violating this allows former tenants to seek compensation.

Entities

Adalet Bakanlığı · Yargıtay · Turkish Code of Obligations · Ankara · Marmaris 1. Sulh Hukuk Mahkemesi

Claims

What the coverage asserts, and how many sources carry each claim.

[● 3 SOURCES] The 3rd Civil Chamber of the Court of Cassation ruled that a previous owner who collected rent in advance must refund the portion corresponding to the period after the property sale to the new owner.
[● 3 SOURCES] The Ankara 14th Civil Court of First Instance initially rejected the lawsuit, ruling that the right to collect rent during the sale belonged to the previous owner.
[● 3 SOURCES] The Ministry of Justice requested a reversal of the local court's decision in the interest of law.
[● 3 SOURCES] Y. Ö. purchased a house owned by B. K. on December 18, 2023.
[● 3 SOURCES] Under the Turkish Code of Obligations No. 6098, the new owner becomes a party to the lease agreement as of the date of purchase.
[● 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
[● 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
[○ 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

Timeline

4 days ago

[BUSINESS] 2 sources
Turkey rental disputes: Maintenance duties and eviction tactics
Legal experts clarify Turkish rental laws regarding maintenance costs and warn against deceptive eviction tactics used to replace low-rent tenants with market-rate occupants.
9 days ago

[POLITICS] 2 sources
Court of Cassation sets precedent for joint property sales
Turkey's Court of Cassation ruled that all stakeholders and heirs must be included in lawsuits to dissolve joint property ownership, and structures on land must have their values calculated separately.
12 days ago

[POLITICS] 18 sources
Yargıtay issues landmark rulings on rental deposits and fuel liability
The Turkish Court of Cassation issued key rulings: former landlords must prove deposit transfers to avoid liability after property sales, and fuel distributors share liability for fueling errors.
22 days ago

[POLITICS] 5 sources
Yargıtay overturns ruling on excessive rent payments under threat
Turkey's Court of Cassation overturned a ruling in an Ankara rent dispute, stating courts must investigate if tenants paid excessive rent under threats of eviction or utility cuts.
25 days ago

[POLITICS] 14 sources
Yargıtay issues landmark rulings on prepaid rent and tenant rights
The Turkish Court of Cassation issued landmark rulings: new homeowners are entitled to prepaid rent covering periods after a sale, and tenants can reclaim excessive rent paid under coercion.
about 1 month ago

[BUSINESS] 3 sources
Turkish Court of Cassation sets precedent on property title deed disputes
The Turkish Court of Cassation set a precedent ruling that title deed transfers may be canceled if a buyer fails to verify a property's actual occupancy, rejecting “good faith” claims for those who do not check

Sources

anlatilaninotesi.com.tr · aydinlik.com.tr · batmanrehbergazetesi.com · benguturk.com · bolgegazetesivan.com · bolutakip.com · brevis.hr · cnbce.com · cumhuriyet.com.tr · doviz.com · ekonomist.com.tr · gazetepencere.com · gzt.com · haber7.com · haberx.com · halktv.com.tr · i-moto.com.tw · internethaber.com · karar.com · lacrosseacademy.com · master.com.cy · medyafaresi.com · mersinhaber.com · milligazete.com.tr · odatv4.com · ogunhaber.com · olaymedya.com · sallinggroup.com · sesgazetesi.com.tr · snowsonline.fr · son.tv · sondakika.com · sonhavadis.com · tgrthaber.com · ticarihayat.com · tigrishaber.com · yenialanya.com · yenicaggazetesi.com.tr

This summary has been updated 7 times: see revision history