Real Estate

Turk&Co. specializes in a range of practice areas to support our clients in construction and real estate law. Having extensive experience in carrying out various transactions such as selling, purchasing and renting, establishment of rights on a real estate; we provide strategic and cost effective solutions to a wide range of legal issues with the help of our of-counsels.

F.A.Q.

How can an inheritor living abroad follow up inheritance proceedings in Turkey?

Inheritors living abroad have to follow up inheritance transition proceedings with regard to properties located in Turkey only in Turkey. However, if inheritors are not able to present in Turkey, they should authorize a lawyer or another inheritor to act on their name with a power of attorney. Such PoA can be issued at a Turkish Embassy. An authorized attorney might be entitled to handle proceedings concerning the inheritance succession, submission of inheritance and succession tax declarations, payment of taxes and fees, applying to the relevant authorities for the record correction of movable and immovable properties and finalization of the succession of inheritance. In order to complete procedures smoothly and swiftly, it is crucial that all necessary authorities are clearly specified in the PoA.

The contractor has not completed the construction, what should i do?

According to the Code of Obligations, construction agreements in return for land share must be notarized. Contracts which are not notarized are invalid. A Mortgage on behalf of the land owners established on the real estate is always a solid protection and guaranty against the contractor. Based on such mortgage, contractors can be forced to complete the building on time and in accordance with the terms of the contract. If the contractor does not complete the building as required by the contract terms, the land owners can start a process in court to get the land shares back.
In the event contractor should fail to comply with terms of contract, a written notice explaining the details of the default and remedy must be sent to the contractor through a notary. If the contractor should not remedy the default within the given period, a lawsuit must be filed.

Is it possible to evacuate my tenant if the due rent is not paid?

In the event that any rent payment required to be paid by a Tenant is not paid in full by the due date, an order of payment including an eviction notice should be sent to the tenant through the debt enforcement offices. The order of payment, entitles the property owner to evict the property if the tenant does not pay the debt and does not file an objection against the payment order. If tenant should object against the payment order, an eviction lawsuit must be filed against the tenant at the enforcement courts after the 30-day payment period spesified in the payment order expires.
If the tenant pays the due rent within the payment notice term, the tenant can not be evacuated from the property. However, two “justified” notifications within an one-year rental term, entitles the landowner to file an eviction lawsuit even if the tenant should pay the rentals after such notice.
If the common expenses of the property, such as the subscription fee, must be paid by tenant according to the rental agreement, These kind of expenses are also classified as rental payments having the legal consequence that an event of default would have the same result as explained above.

Real Estate

F.A.Q.

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