Real Estate and Tenancy Law

In real estate disputes, what determines the outcome is often whether the title deed record, the contract and the actual use of the property are consistent with one another. Our firm conducts litigation and contract work in disputes arising from title deeds, tenancies, condominium ownership and urban transformation.

Below you will find the stages that real estate disputes go through, which action is heard by which court, and answers to frequently asked questions.

What stages does a real estate dispute go through?

• Review of the title deed and documents. The title deed record, encumbrances, the zoning status, the condominium easement or condominium ownership register and any contracts are reviewed together; the type of action to be brought is determined on the basis of this review.
• Mediation. In disputes arising from a tenancy relationship, in the partition of co-owned property and in disputes arising from condominium ownership, applying to a mediator before bringing an action is a precondition for the action (mandatory pre-trial mediation). Eviction through enforcement proceedings without a prior judgment falls outside this scope.
• Formal notice. For eviction based on non-payment of rent, the tenant must first be given a time limit in writing (art. 315 of the Turkish Code of Obligations (TBK)); for ease of proof, this notice is usually served through a notary (ihtarname). For claims based on a written undertaking to vacate, on the other hand, no prior notice is required (TBK art. 352/1).
• Action and interim injunction. When the action is brought, a request is made for an interim injunction to be annotated in the title deed record in order to prevent the property from being transferred to third parties.
• On-site inspection and examination by a court-appointed expert. In real estate cases, an on-site inspection is, as a rule, carried out and a court-appointed expert report is obtained; the time limit for objecting to the report is two weeks.
• Legal remedies. An appeal (istinaf) against the decision is lodged within two weeks of service of the reasoned decision.

How much can rent be increased, and when is a rent determination action brought?

For residential and roofed business premises, the increase for a renewed rental period may not exceed the rate of change in the twelve-month averages of the consumer price index (TÜFE) for the previous rental year (art. 344 of the Turkish Code of Obligations (TBK)). The temporary twenty-five per cent cap introduced for residential tenancies in 2022 expired on 1 July 2024. Today, the statutory upper limit applied to both residential and business tenancies is the TÜFE rate.

• Five-year period. In contracts with a term of more than five years or renewed after five years, at the end of every five years the rent is redetermined on an equitable basis, taking into account the TÜFE rate, the condition of the leased property and comparable rents (TBK art. 344/3).
• When to bring the action. If the rent determination action (kira tespit davası) is brought no later than thirty days before the start of the new rental period, or if the landlord notifies the tenant of the increase in writing within this period, the rent determined by the court applies from the start of the new period (TBK art. 345).
• Mediation requirement. Since 1 September 2023, applying to a mediator before bringing a rent determination action has been mandatory.
• Competent court. Actions for the determination of rent are heard by the civil courts of peace.

In which cases can a tenant be evicted?

For residential and roofed business premises, the landlord's ability to terminate the contract is limited to the grounds listed in the law. A separate time limit is laid down for each ground; missing the time limit may result in the eviction claim being carried over to the next rental period.

• Non-payment of rent. The tenant is given a period of at least thirty days in writing and is notified that the contract will be terminated if payment is not made within this period (TBK art. 315). Eviction may also be sought through enforcement proceedings without a prior judgment (art. 269 of the Enforcement and Bankruptcy Law (İİK)).
• Two justified notices. If, within one rental year, the tenant has given cause for two justified notices by failing to pay the rent, the landlord may bring an eviction action within one month of the end of the rental year (TBK art. 352/2).
• Undertaking to vacate. On the basis of a written undertaking to vacate (tahliye taahhüdü) given after the leased property was handed over, an action may be brought or enforcement proceedings initiated within one month of the date undertaken (TBK art. 352/1).
• Need for housing. If the landlord is compelled to use the leased property for themselves, their spouse, descendants, ascendants or persons they are obliged to support, an action may be brought, in fixed-term contracts, within one month of the end of the term (TBK art. 350).
• Reconstruction and major repairs. Eviction may be sought if the reconstruction, extension or major repair of the leased property is necessary and it is impossible to use the property while this work is being carried out (TBK art. 350).
• New owner. A new owner who subsequently acquires the leased property may, on grounds of need, bring an action after six months, provided that they notify the tenant in writing within one month of the date of acquisition (TBK art. 351).
• Ten-year extension period. At the end of the ten-year extension period, the landlord may terminate the contract without giving any reason, provided that notice is given at least three months before the end of each extension year (TBK art. 347).

For details of the grounds for eviction, see our article When can a tenant be evicted? Grounds for eviction and time limits (in Turkish).

In which cases is an action for cancellation and registration of title brought?

The action for cancellation and registration of title (tapu iptali ve tescil davası), brought on the claim that the title deed record does not reflect the true legal situation, is one of the most common types of real estate dispute. The action is brought before the court of the place where the property is located (art. 12 of the Code of Civil Procedure (HMK)), and a request is made for an interim injunction to be annotated in the title deed record to prevent a transfer while the action is pending.

Sham transfer by the deceased to disinherit heirs (muris muvazaası)

This is where the deceased registers a property that they in fact gave away as a gift as a sale in the land registry, in order to deprive their heirs of assets. Under the Court of Cassation's decision on the unification of case law dated 1 April 1974, heirs whose inheritance rights have been harmed may request the cancellation of this transfer in proportion to their inheritance shares. An action based on muris muvazaası is not subject to any limitation period or strict time limit. For the abatement action, which is a separate route concerning the reserved share, see our article Abatement action: reserved shares and the one-year time limit (in Turkish) and our Inheritance Law page.

Abuse of a power of attorney

If the attorney-in-fact transfers the principal's property against the principal's will or for a price far below its real value, the cancellation of the title deed record may be requested by proving that the transferee knew or was in a position to know of this.

Extraordinary acquisitive prescription

A person who has possessed, as owner, a property not registered in the land registry for twenty years without dispute and without interruption may request that the property be registered in their name (art. 713 of the Turkish Civil Code (TMK)).

How is co-owned property partitioned?

Where co-owners of a property passed down through inheritance or registered in the names of more than one person cannot agree, each co-owner may request the partition of the co-owned property (TMK art. 698-699). The action is heard by the civil court of peace, and applying to a mediator before bringing the action is mandatory. If division of the property in kind is not possible or would lead to a significant reduction in its value, the court orders its sale by public auction.

• Properties acquired through inheritance. Law No. 7589, which entered into force on 31 July 2026, provides that, for properties in which all co-owners acquired their shares through inheritance and no third party other than the heirs holds a share, the first auction for the sale is to be held only among the heirs who are owners. This procedure applies only once. For details, see our Inheritance Law page.
• Right of pre-emption. When one of the shares is sold to a third party, the other co-owners may exercise the right of pre-emption (önalım hakkı). This right must be exercised by bringing an action within three months of notification of the sale and, in any event, within two years of the sale (TMK art. 733).
• Compensation for unlawful occupation. If one of the co-owners uses the property alone in a way that prevents the other co-owners from using it, compensation for unlawful occupation (ecrimisil) may be claimed.

Agricultural land and property held in shares in Sakarya and Kocaeli

In the rural districts of Sakarya and Kocaeli, properties with many co-owners are frequently encountered because agricultural land and orchards have passed to heirs undivided over generations. The Soil Conservation and Land Use Law No. 5403 prohibits the division of agricultural land below the minimum agricultural land size. For this reason, in partition actions concerning such land, division in kind is often not possible and the property is sold. When buying land held in shares, it should also be examined separately whether there is a use agreement between the co-owners (de facto division) and whether there is a risk of pre-emption.

Urban transformation and construction in exchange for apartments on Istanbul's Anatolian side

In districts with a large stock of old buildings, such as Kadıköy, Ataşehir, Maltepe and Üsküdar, risky building procedures under Law No. 6306 on the Transformation of Areas under Disaster Risk and construction contracts in exchange for apartments (arsa payı karşılığı inşaat sözleşmesi) account for a significant proportion of real estate disputes. Each stage, such as the objection to the determination that a building is risky, the owners' decision-making, the sale of the shares of co-owners who do not join the agreement and the contractor's delay in delivery, is subject to its own time limits and procedures. Because a construction contract in exchange for apartments includes an obligation to transfer immovable property, it is not valid unless it is made in official form before a notary.

What work do we carry out?

• Bringing and pursuing actions for cancellation and registration of title
• Conducting actions for the determination of rent and for the adaptation of tenancy agreements
• Preparing eviction actions based on default, need, reconstruction and undertakings to vacate, as well as requests for eviction through enforcement proceedings
• Conducting litigation and enforcement proceedings in disputes over service charges, common areas and management plans arising from condominium ownership
• Pursuing actions for the partition of co-owned property (izale-i şuyu)
• Conducting actions for pre-emption, for the prevention of interference and for compensation for unlawful occupation
• Objecting to risky building determinations and following up procedures under Law No. 6306
• Drafting construction contracts in exchange for apartments and pursuing claims for delay compensation and defective performance
• Drawing up promise-to-sell agreements for real property and handling annotations in the land registry

Types of cases we handle

• Ownership disputes: cancellation and registration of title, sham transfers by the deceased, abuse of a power of attorney, lack of capacity, registration based on acquisitive prescription
• Tenancy disputes: determination of rent, rent receivables, eviction, return of the security deposit and damage claims
• Condominium disputes: service charge receivables, interference with common areas, breaches of the management plan, use contrary to the approved project
• Co-ownership disputes: partition of co-owned property, right of pre-emption, division and compensation for unlawful occupation
• Zoning and urban transformation disputes: objections to risky building decisions, application of Law No. 6306, annulment actions against changes to zoning plans
• Construction contracts: construction contracts in exchange for apartments, delay compensation, incomplete and defective performance

Which courts hear real estate cases on Istanbul's Anatolian side, in Kocaeli and in Sakarya?

In actions concerning immovable property, the competent court is the court of the place where the property is located, and this jurisdiction is exclusive; the parties' domicile does not change the outcome. As regards subject-matter jurisdiction, by contrast, the decisive factor is the type of action.

• Actions for cancellation and registration of title, prevention of interference, compensation for unlawful occupation and pre-emption are heard by the civil courts of first instance
• Actions for rent determination, eviction, condominium matters and partition of co-owned property are heard by the civil courts of peace
• Annulment actions against changes to zoning plans and against risky building decisions are heard by the administrative courts
• For properties in Kadıköy, Kartal, Maltepe and Ataşehir, the Istanbul Anatolian Courthouse; for properties on the European side, the Istanbul Courthouse
• For properties in Kocaeli and Gebze, the Kocaeli and Gebze courthouses, and for properties in Sakarya, the Sakarya Courthouse; appeals against these decisions are lodged with the Sakarya Regional Court of Appeal
• Land registry transactions, on the other hand, are carried out at the land registry office responsible for the property

For the time limits for objecting to a payment order in enforcement proceedings initiated for rent receivables, see our article Time limit for objecting to a payment order: 7 days or 5 days? (in Turkish) and our Enforcement and Insolvency Law page.

Related practice areas

• Inheritance Law: inherited real estate and disputes between heirs
• Enforcement and Insolvency Law: rent collection and eviction through enforcement proceedings

To send us information about a real estate or tenancy dispute of yours on Istanbul's Anatolian side, in Kocaeli or in Sakarya, you can use our contact page or make an appointment at our office in Kadıköy.

The information on this page is general in nature and does not replace a legal opinion on a specific dispute.