Latest articles and legal information in Real Estate Law category
9 articles found
The misuse or unlawful occupation of common areas in condominium ownership constitutes a significant legal issue that infringes upon the rights of other unit owners. This article examines the occupation of common areas, actions for prevention of interference, claims for ecrimisil (compensation for unlawful occupation), and the available remedies under Law No. 3091
The appointment of a manager in condominium ownership is essential for the proper administration of apartment buildings and residential complexes. This content examines, within the scope of Article 34 of the Condominium Law, the circumstances in which appointing a manager is mandatory, the election procedure, the double majority requirement, meeting and notice rules, and relevant case law of the Court of Cassation (Yargıtay). It also addresses key legal processes such as the annulment of decisions due to procedural irregularities and court-appointed managers.
This content on condominium law examines the structure, duties, and powers of the General Assembly of Unit Owners, as well as meeting and decision-making quorums and the binding nature of its resolutions. It also addresses the annulment of assembly decisions, practical issues, and relevant case law of the Court of Cassation (Yargıtay). This overview serves as a practical guide for understanding the functioning of condominium governance and preventing potential legal disputes.
Disturbing activities within an independent unit are actions that, while exercising property rights, infringe upon the peace and living order of other unit owners. This article examines, within the framework of Articles 18 and 25 of the Condominium Law, the legal nature of disturbing activities, the available remedies, the conditions for eviction, and the relevant case law of the Court of Cassation (Yargıtay).
Common expenses in condominium ownership are expenses arising from the use, maintenance, and operation of common areas of the principal property, which unit owners are legally obliged to contribute to. This article examines, within the scope of Article 20 of the Condominium Law, the legal nature of common expenses, their allocation, the collection process, and the relevant case law of the Court of Cassation (Yargıtay).
The prohibition of subletting is an important rule in tenancy law that prevents the tenant from leasing the rented property to third parties or allowing them to use it without the landlord’s consent. This article examines, within the framework of Articles 322 and 316 of the Turkish Code of Obligations, the breach of the prohibition of subletting, the eviction process, the 30-day notice requirement, and the legal status of the subtenant.
Pursuant to Article 350 of the Turkish Code of Obligations (TCO), the landlord may terminate the lease agreement if the leased property must be used as a residence or workplace by the landlord, the landlord’s spouse, descendants, ascendants, or persons whom the landlord is legally obliged to support.
An eviction undertaking is a written declaration whereby the tenant voluntarily undertakes to vacate the leased property on a specified date, as regulated under Article 352 of the Turkish Code of Obligations (TCO). This article provides a detailed analysis of the validity requirements of the undertaking, the one-month peremptory period, and the relevant case law of the Court of Cassation (Yargıtay).
An eviction action based on two legitimate notices is a special type of lawsuit that grants the landlord the right to seek eviction at the end of the lease term if the tenant fails to pay the rent on time within the same lease year and is consequently served with two justified notices. This mechanism is regulated under Article 352/2 of the Turkish Code of Obligations. For this procedure to be applicable, there must be a valid lease agreement, the notices must be justified and duly served, they must relate to the same lease year, and the lawsuit must be filed within one month following the end of that lease year. The full satisfaction of these conditions is decisive for the acceptance of the eviction claim. The following article provides detailed information on the notice procedures and the related legal action.