What is Real Estate Law?
Real Estate Law is the area of law that regulates legal processes related to real estate. This includes the purchase, sale, rental, transfer, and encumbrance of properties such as land, houses, and commercial spaces. In Turkey, real estate transactions are governed by legal regulations such as the Civil Code, the Land Registry Law, and the Construction Law.
Scope of Real Estate Law
- Land Registry Matters: The transfer of property ownership is carried out through official procedures at the land registry offices. During the land registry transfer, the purchase price must be stated, taxes must be paid, and land registry fees must be settled.
- Lease Agreements: Lease agreements between landlords and tenants are governed by the Turkish Code of Obligations. The contract should include details such as the rent amount, lease term, and security deposit. Additionally, the rights and duties of the tenant and the owner must be clearly defined.
- Condominium Ownership and Urban Planning: To become the owner of an independent part of a building, it is necessary to establish condominium ownership or urban planning. Condominium ownership refers to completed buildings, while urban planning applies to properties under construction.
- Building Planning Law: Building planning law includes regulations that determine the purpose of use for a property. Construction projects that do not comply with the building plans may face legal consequences. Therefore, it is crucial to check the building planning status of a property before purchasing it.
- Expropriation: This is the process by which the state acquires private property for public projects. The owner receives compensation and can challenge the compensation amount.
- Mortgage and Pledge: A property can be used as collateral for a loan. Mortgages are recorded in the land registry, and in case of non-repayment of the loan, the creditor has the right to sell the encumbered property.
Problems in Real Estate Law
- Discrepancies between buyer and seller in land registry transfer
- Disputes over rent prices, eviction, and utility costs between tenant and owner
- Conflicts due to construction projects that violate building plans or illegal construction projects
- Distribution of inherited properties among heirs
It is important to seek legal support in the field of real estate law to avoid potential legal issues in investments and transactions. A lawyer can provide advice to protect individuals' rights and ensure the proper legal process.
This text serves as general information about real estate law. For detailed information and legal advice, it is recommended to consult a lawyer.
Land Registry Matters
Important Information for Buying and Selling Real Estate
Land registry matters play a crucial role in the purchase, sale, transfer, and ownership transfer of real estate. The land registry is an official document that determines the owner of a property and is of great importance in real estate law. This text provides detailed information and procedures related to land registry matters.
What are Land Registry Matters?
Land registry matters are legal processes that ensure the official registration and transfer of property ownership. These procedures are conducted in Turkey by the General Directorate of Land Registry and Cadastre and follow the Civil Code and the Land Registry Law. They include various situations such as purchase, inheritance, donation, and expropriation.
Types of Land Registry Matters
- Transfer and Sales Processes:
- Sales Contract: The first step in the land registry transfer is the conclusion of a sales contract between the buyer and seller. The contract should specify the price of the property, payment terms, and other conditions.
- Land Registry Transfer: After concluding the sales contract, an application for the transfer of ownership is submitted to the relevant land registry office. Documents such as identification of the parties, purchase price, and proof of payment of land registry fees must be provided. After completing the land registry transfer, ownership passes to the buyer.
- Mortgage and Pledge Matters:
- Mortgage Establishment: In case of borrowing, a property can be encumbered with a mortgage. A mortgage gives the creditor the right to sell the property if the debt is not repaid. Mortgage transactions are recorded in the land registry.
- Pledge Matters: Instead of a mortgage, a pledge can also be granted. A pledge allows for temporary securing of the property.
- Condominium Ownership and Urban Planning:
- Condominium Ownership: This refers to ownership of independent parts of a completed building. To establish condominium ownership, all apartment owners must agree, and an application must be submitted to the relevant land registry office.
- Urban Planning: This pertains to the rights to properties under construction. Urban planning sets the foundation for future condominium ownership arrangements.
- Inheritance Land Registry Matters:
- Inheritance Division: After a person's death, the real estate assets are divided among the heirs. The division of inheritance is important to avoid conflicts between heirs and to ensure the transfer of ownership.
- Inheritance Taxes: When transferring inherited properties, inheritance tax is paid. After paying the tax, land registry matters are carried out.
- Expropriation Processes:
- Expropriation: The state can expropriate properties for public projects. The expropriation amount is paid to the owner, who can challenge this amount.
Important Points in Land Registry Matters
- Checking the Land Registry: Before purchasing a property, it is important to check the land registry to clarify any ownership rights or obligations.
- Payment of Taxes and Fees: During the land registry transfer, land registry fees and other tax obligations must be fulfilled.
- Valuation Report: It is advisable to obtain a valuation report to determine the actual value of the property and identify potential issues.
Conclusion
Land registry matters ensure that real estate investments are conducted securely and legally. The assistance of a specialized lawyer can minimize legal risks and ensure a smooth procedure. For detailed information and professional support, you can contact us.
Rental Law
Informative Guide for Tenants and Landlords
Rental law is the area of law that regulates the relationships between tenants and landlords and is governed by the Turkish Code of Obligations. The rental process defines the rights and duties of the parties and determines how rental agreements should be made.
What is Rental Law?
Rental law regulates the leasing of properties (apartments, commercial spaces, etc.) for a specific period and the legal issues that may arise. Rental matters include the rental agreement, rent amount, lease term, maintenance, and repairs. The Turkish Code of Obligations provides the primary legal framework for rental relationships.
Rental Agreement
The rental agreement is an official document that outlines the terms for renting the property between the tenant and landlord. The contract should include the following points:
- Rent Price: The monthly or annual rent for the rented property.
- Lease Term: The period for which the property is rented, either for a fixed term or indefinitely.
- Payment Method and Date: How and when the rent is to be paid.
- Security Deposit: A security deposit provided by the tenant.
- Maintenance and Repairs: Responsibility for maintenance and repairs of the property.
Tenant’s Rights and Duties
- Payment of Rent: The tenant is obligated to pay the rent specified in the contract regularly.
- Use of Property: The tenant must use the property carefully and only for purposes approved by the landlord.
- Maintenance and Repairs: The tenant should carry out minor maintenance, while major repairs are generally the landlord's responsibility.
- Eviction: At the end of the lease term, the tenant must return the property to the landlord. The tenant is obligated to comply with the eviction notice.
Landlord’s Rights and Duties
- Collection of Rent: The landlord must regularly collect rent from the tenant.
- Allowing Use: The landlord must allow the tenant to use the property as per the contract.
- Major Repairs: Major repairs to the property are the landlord's responsibility.
- Safety and Comfort: The landlord must ensure that the property is in a habitable condition.
Rent Increases and Contract Renewal
- Rent Increase: Rent can generally be increased annually by a certain percentage. The increase amount is determined according to the Turkish Code of Obligations and the contract terms.
- Contract Renewal: After the lease term expires, a new contract can be made between the tenant and landlord. The renewal terms depend on the parties' agreement.
Disputes and Resolutions in Rental Law
Disputes may arise in rental relationships. In such cases, there are the following legal solutions:
- Practical Solutions: Disputes between tenant and landlord can be resolved through negotiation.
- Mediation: Conflict resolution through a mediator is possible.
- Lawsuit: If issues cannot be resolved, a lawsuit can be filed in the competent court. It is important to seek legal assistance from a rental lawyer to ensure the proper course of the legal procedure.
Conclusion
Rental law ensures that relationships between tenants and landlords are fair and legally compliant. Proper drafting of rental agreements, defining rights and duties, and resolving potential disputes are important steps. For more information and professional support in rental law, you can contact us and receive legal assistance.
Detailed Overview of Grounds for Eviction under Turkish Law
According to the Turkish Code of Obligations (Türk Borçlar Kanunu) and Turkish Civil Code (Türk Medeni Kanunu), here is a detailed overview of the grounds for eviction:
Grounds for Eviction under Turkish Law
- Non-payment of Rent:
- Delayed Payment: If the tenant does not pay the rent on time or is in arrears, the landlord has the right to demand eviction. Under Turkish law, the landlord must send a written notice demanding payment of the outstanding rent.
- Legal Actions: If payment is not made, the landlord can file a lawsuit for eviction of the rental property.
- Damage to the Rental Property:
- Tenant’s Responsibility: If the tenant damages or neglects the rental property, the landlord can demand eviction of the property.
- Use of Property for Other Purposes:
- Deviation from Use: If the rental property is used for purposes other than those specified in the contract (e.g., using a residential space as commercial premises), the landlord can demand eviction.
- Expiration of Lease Term:
- End of Lease Agreement: After the agreed-upon lease term expires, the landlord can demand eviction of the property. However, certain legal procedures must be followed.
Specific Grounds for Eviction
- Eviction Due to Landlord’s Need for Housing:
- Purpose of Use: The landlord or a close relative (parents, children, siblings) needs the rental property for residential purposes.
- Notice Period: The landlord must notify the tenant in writing, usually six months before the intended eviction.
- Eviction Request: After the notice period, the tenant must vacate the property, or the landlord can initiate legal proceedings.
- Eviction Due to Landlord’s Business Needs:
- Business Purpose: The landlord or a close relative needs the rental property for business purposes.
- Notice Period: The landlord must provide written notice to the tenant six months before eviction.
- Legal Actions: If the tenant does not vacate the property, the landlord can file a lawsuit for eviction.
- Eviction Due to New Owner’s Need:
- Transfer of Property: The new owner of the rental property needs the property for themselves or a close relative.
- Notice Period: The new owner must notify the tenant in writing, usually six months before eviction.
- Eviction: The tenant must vacate the property after the notice period, or the new owner can file a lawsuit for eviction.
- Eviction Due to Renovation Needs:
- Renovation Work: If necessary renovations or improvements need to be made to the rental property, the landlord can demand eviction.
- Notice Period: The tenant must be informed about the renovation work, usually six months in advance.
- Right to Return: After renovations, the tenant has the right to return to the property if specified in the lease agreement.
- Eviction for Breach of Rental Obligations:
- Contract Breach: If the tenant fails to fulfill contractual obligations (e.g., regular rent payments, proper use of the property), the landlord can terminate the lease agreement.
- Procedure: The landlord must send a written notice to the tenant and provide a deadline to rectify the issue before taking legal action.
- Eviction Due to Tenant’s Insolvency:
- Insolvency Procedure: If the tenant becomes insolvent, the landlord can demand eviction of the rental property.
- Right to Terminate: The landlord has the right to terminate the lease agreement due to the tenant’s insolvency and demand eviction.
- Eviction Due to Serious Reasons:
- Significant Breach: If there is a serious reason that makes the continuation of the rental relationship untenable (e.g., significant contract breach), the lease agreement can be terminated.
- Subleasing Without Permission:
- Unauthorized Subleasing: If the tenant subleases the rental property or transfers use to third parties without the landlord’s consent, the landlord can demand eviction.
- Presence of Own Housing in the Same District:
- Own Property: If the tenant or their partner has their own housing in the same district, the landlord can demand eviction.
- Expiration of a Ten-Year Lease:
- Termination Right: After the expiration of a ten-year lease agreement, the landlord has the right to end the lease without providing the tenant with an additional notice period.
Important Notes:
- Procedure: When initiating eviction procedures, all legal requirements must be met, including deadlines, written notifications, and legal actions in court.
- Legal Assistance: It is recommended to consult a lawyer for legal questions or conflicts to ensure that all legal requirements are correctly adhered to.
For more detailed information or specific legal advice, contacting a specialized lawyer is recommended.