Lease, title deed and property disputes
From rent increases and eviction to urban renewal and title deed cancellation, we handle property disputes from our office in Üsküdar, mostly before the Istanbul Anatolian Courthouse.
Real estate law covers how property is acquired, used and transferred; lease law governs the relationship between tenant and landlord. Property is high in value and lease law runs on short deadlines, so getting a transaction right at the outset prevents most of the disputes that would otherwise follow.
On the lease side, the questions we see most often concern rent increases, rent determination cases (kira tespit davası) and eviction (tahliye). For residential and roofed commercial leases, Article 344 of the Turkish Code of Obligations caps the increase at renewal at the change in the 12-month average consumer price index (TÜFE) for the previous lease year; once a lease passes five years, a judge may reset the rent taking comparable rents into account. A tenant can only be evicted on grounds listed in the law: unpaid rent, a written undertaking to vacate, two justified warnings, the landlord's or a family member's need for the property, reconstruction, or the end of the ten-year extension period.
On the ownership side, we work on title deed cancellation and registration (tapu iptali ve tescil), partition of co-owned property (ortaklığın giderilmesi), compensation for unlawful occupation (ecrimisil), condominium disputes and flat-for-land construction agreements. Urban renewal (kentsel dönüşüm) is a live issue in Üsküdar and nearby districts; we advise and represent owners and tenants when a building is declared risky, when owners vote on the project and when the developer's contract is reviewed.
In most lease, partition, condominium and neighbour disputes, mediation is mandatory before a lawsuit can be filed. In practice, the process usually starts with a formal notice or a mediation application, and a lawsuit follows only if no agreement is reached. At every step we explain the timeline, the costs and the likely outcomes up front.
When you may need this
- Your landlord is asking for a rent increase above the legal cap, or your tenant is paying far below the current market rent.
- Your tenant has stopped paying rent, is ignoring a written undertaking to vacate, or will not leave a flat you have just bought.
- Your landlord wants you out, citing personal need or renovation, and you are not sure whether that is a valid ground.
- Your lease is more than five years old and you are considering a rent determination case to bring the rent in line with comparable properties.
- Your building has been declared a risky structure and you need to understand the owners' decision, the developer's contract or rent assistance.
- Co-owners of an inherited or jointly bought property cannot agree, and partition is on the table.
- Title to a property has passed to someone else through a sham transaction, a misused power of attorney or an incorrect registration.
- Your deposit has not been returned, or there is a dispute over damage or unpaid building fees when you move out.
How the process works
- 01
Reviewing the documents
We go through the lease, the land registry record, payment receipts and any correspondence with you, identify which deadlines are running and choose the right route.
- 02
Notices and warnings
Where the law requires written notice, for a rent increase, unpaid rent or personal need, we prepare the notices and notarised warnings (ihtarname) with the right content and timing.
- 03
Mediation
Where mediation is mandatory, we attend the sessions with you. If an agreement is reached and the legal conditions are met, the mediation agreement is enforceable like a court judgment, so the matter can be settled without a lawsuit.
- 04
Enforcement or lawsuit
Unpaid rent and written undertakings to vacate can be pursued through enforcement offices; other eviction grounds and rent determination go to the civil court of peace (sulh hukuk mahkemesi), and title deed cancellation to the civil court of first instance (asliye hukuk mahkemesi).
- 05
Site inspection, expert report and judgment
Rent determination, partition and title deed cases usually involve an on-site inspection and an expert report; we prepare the objections to the report where needed.
- 06
Enforcing the outcome
We follow through on eviction, registration or sale once the judgment is final or enforceable, and handle appeals before the regional court and the Court of Cassation where needed.
Services in this area
- Drafting and reviewing lease agreements01
- Rent increase disputes and rent determination cases02
- Eviction proceedings and lawsuits, for landlords and tenants03
- Urban renewal: objections to risky structure findings, owners' decisions and developer contracts04
- Title deed cancellation and registration cases05
- Partition of co-owned property06
- Condominium, building management and service charge disputes07
- Claims for unlawful occupation and removal of interference08
- Promise-to-sell and flat-for-land construction agreements09
Documents worth bringing
- The lease agreement and any annexes or earlier leases
- Rent payment receipts and bank statements
- The land registry record, encumbrance certificate or title deed
- Notices, messages and emails exchanged between the parties
- Any written undertaking to vacate or mediation records
- For urban renewal: the risky structure report, official notifications and owners' meeting decisions
- The flat-for-land construction agreement with the developer, or its draft
- For inherited property: the certificate of inheritance (veraset ilamı) and civil registry records
How fees and costs are determined
Legal fees are agreed in writing between the lawyer and the client under Article 164 of the Attorneys Act (Law No. 1136). They cannot be lower than the amounts in the Minimum Attorney Fee Tariff (AAÜT) published each year by the Union of Turkish Bar Associations. The tariff has its own bases for property cases: one year's rent for eviction cases, one year of the rent difference for rent determination, and the property's value for title deed cancellation. We confirm the fee in writing once we have seen the type and scope of your matter.
Court costs come on top of the legal fee: filing and judgment fees, notification and site inspection costs, and expert fees. In title deed and partition cases, court fees and inspection costs depend on the property's value and can be significant. The losing party is ordered to pay the other side's court costs and a statutory attorney fee calculated under the tariff. In mandatory mediation, if no agreement is reached, the first two hours of the mediator's fee are paid from the Ministry of Justice budget and later charged as a court cost to the party that loses; if the parties settle, they generally share the fee equally.
Frequently asked questions
How is the legal cap on rent increases calculated?
For residential and roofed commercial leases, the increase at renewal cannot exceed the change in the 12-month average consumer price index for the previous lease year. The rate is published monthly based on TÜİK (Turkish Statistical Institute) data; you look at the figure for the month before your lease year begins. If the lease sets a lower rate, the lower rate applies. After five years, the rent can be reset to market levels through a rent determination case.
Can a landlord evict a tenant after ten years?
In a fixed-term residential or roofed commercial lease, once the ten-year extension period following the original term has run, the landlord may end the lease without giving a reason. The landlord must give the tenant written notice at least three months before the end of the next extension year. For leases with no fixed term, the ten years run from the start of the lease. Because the dates depend on the contract, it is worth checking them before sending notice.
How long does an eviction case take?
It depends heavily on the ground for eviction. For unpaid rent or a written undertaking to vacate, the enforcement route is usually quicker. For personal need or reconstruction, mediation comes first, followed by a case before the civil court of peace; the first-instance stage can take from a few months to more than a year depending on the case, and an appeal adds to that.
Is mediation mandatory before an eviction case?
Since 1 September 2023, applying to a mediator has been a precondition for lawsuits arising from a lease. Eviction proceedings brought through the enforcement office without a judgment, for example for unpaid rent or a written undertaking to vacate, are exempt. Mediation is also mandatory for partition of co-owned property and condominium disputes.
When should a rent determination case be filed?
A rent determination case can be filed at any time, but the new rent applies from the start of the new lease period only if the case is filed at least thirty days before that period begins, or if the landlord notified the tenant in writing of the increase within that window. If the lease contains a rent increase clause, the case can also be filed during the new period. Missing this timing can mean the new rent only applies a year later.
How are legal fees set for rent determination or eviction cases?
The fee is agreed in a written contract with the lawyer and cannot fall below the Minimum Attorney Fee Tariff. The tariff uses one year's rent for eviction cases and one year of the rent difference for rent determination. Urban renewal, title deed and partition cases follow different bases depending on the type of work and the property's value; we confirm the specific amount in writing after reviewing your file.
How many owners must agree to an urban renewal project?
Following a 2023 amendment to Law No. 6306, decisions on risky buildings are taken by an absolute majority of the owners, weighted by their shares; the earlier two-thirds rule no longer applies. The shares of owners who do not join the decision can be sold, first to the other owners, by auction under the procedure in the law. The deadlines to object to the risky structure finding and to challenge administrative decisions in court are short, so note the date of any notification and check the deadlines.
This page is for general information only and does not constitute legal advice. Every legal matter has its own circumstances; please request a meeting for your specific situation.
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