Real estate law spans a broad field, from the purchase and sale of homes and business premises to urban transformation processes, and from condominium disputes to rental relationships. Because immovable property holds both high financial and emotional value, mistakes in this area often produce consequences that are difficult to undo.
Scope of Our Service
Bilkay Legal provides the full range of services — from title-deed review and contract drafting in real estate purchase-and-sale transactions to the drafting of a lease and the conduct of eviction actions in rental relationships. With our extensive real estate portfolio experience across Kadikoy and Istanbul, we deliver practical solutions to our clients that take local market conditions into account.
Our Principal Practice Areas
- Title-deed transfers and promise-to-sell agreements
- Title-deed cancellation and registration actions
- Collusive transfer (muris muvazaasi) actions
- Pre-emption (right of first refusal) actions
- Condominium ownership and construction-servitude disputes
- Termination of co-ownership (partition) actions
- Urban transformation processes
- Residential and commercial lease agreements
- Rent-determination and rent-adaptation actions
- Eviction actions (need, eviction undertaking, reconstruction)
- Compensation for damage to the leased property
- Zoning and building-permit disputes
Title-Deed Transfer and Cancellation
For a real estate purchase and sale to be valid, the transaction must be carried out by official deed before the land registry directorate; otherwise the sale is void. Promise-to-sell agreements and advance-payment processes, however, may be executed before a notary. Our office manages the entire process — from examining annotations, attachments, mortgages and servitudes recorded on the title to preparing the preliminary agreement between buyer and seller — and provides legal representation in title-deed cancellation and registration actions founded on grounds such as collusive transfer, abuse of a power of attorney or fraud.
Lease Agreements and Eviction
Residential and commercial leases are subject to the detailed provisions of the Turkish Code of Obligations. The grounds for eviction are limited in number — the landlord's need, reconstruction or zoning, default, an eviction undertaking and two justified notices — and each carries its own procedural and time rules. Our office represents both landlords and tenants in rent-determination, rent-adaptation and eviction processes, and takes an active role in seeking solutions through mediation.
Mandatory mediation: As of 1 September 2023, disputes arising from rental relationships have been brought within the scope of disputes for which an application to a mediator before filing suit is compulsory. Conducting the mediation process incompletely, or not at all, leads to the dismissal of the action on procedural grounds.
Condominium Ownership and Apartment Disputes
The leading subjects under the Condominium Ownership Law include management-plan disputes, the sharing of common expenses, unpaid dues, the annulment of general-meeting resolutions, the use of common areas, and the failure to use independent units in conformity with condominium ownership. Our office provides representation in actions to annul resolutions of the council of unit owners, to collect unpaid dues, and to prevent encroachment on account of noise and nuisance.
Urban Transformation Processes
Processes conducted under Law No. 6306 on the Transformation of Areas under Disaster Risk are complex from both a technical and a legal standpoint and require agreement among all owners. Legal support on matters such as risk assessment, the two-thirds majority decision, the agreement protocol, contractor agreements, entitlement and rental assistance is of critical importance. Our office conducts a careful review process, particularly to ensure that the agreements signed with the contractor do not carry risks against our clients.
Frequently Asked Questions
Can my landlord evict me at any time?
No. Under the Turkish Code of Obligations and Law No. 6570, eviction is possible only on a limited number of grounds: need, reconstruction, default, an eviction undertaking, two justified notices, and a new owner's need are the principal ones. Each ground for eviction has its own procedure and time limit; arbitrary eviction is not legally possible.
Can I object to a rent increase?
Under article 344 of the Turkish Code of Obligations, the increase in renewed lease periods may not exceed the twelve-month average of the consumer price index compared with the previous rental year. Rent increases that exceed this limit may be challenged; the tenant may seek a determination of the fair rent from the court through a rent-determination action. In lease relationships longer than five years, the judge assesses many factors together, including the CPI rate, the condition of the leased property and comparable rents.
A problem has arisen with the title of the house I bought — what can I do?
A title-deed cancellation and registration action may be brought on grounds such as an error in the title record, a collusive transfer, abuse of a power of attorney, lack of capacity or fraud. There is no limitation period in these actions; however, because the acquisitions of good-faith third parties are protected, acting quickly is important. A pre-purchase record review, in particular, prevents many problems from arising in the first place.