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Practice Area 04

Real Estate and Tenancy Law

Real estate disputes involve high economic value and lengthy proceedings. We plan every step, from the contract stage through to enforcement and eviction.

In real estate law, disputes are usually resolved by examining the land registry records, zoning status, contractual provisions and the parties’ mutual obligations together. A preventive legal review helps avoid costly litigation later on.

Tenancy relationships

Advice and representation are provided to both landlords and tenants on matters such as rent determination, rent increase rates, security deposits, eviction and the tenant’s liability for damage. The mandatory mediation stage in tenancy disputes is also handled as part of this process.

Title and ownership

Actions for cancellation of title deed and registration based on grounds such as sham transactions (muvazaa), abuse of a power of attorney or unlawful registration are pursued in light of land registry records, witness statements and expert examinations. Partition proceedings for property held in co-ownership by shares or in joint ownership also fall within this scope.

Construction and condominium ownership

Legal support is provided in drafting flat-for-land construction contracts, in cases of contractor default and of incomplete or defective work, and in disputes between unit owners over common expenses and use.

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Frequently asked questions

Common questions about Real Estate and Tenancy Law

Can a lawsuit be filed directly in a tenancy dispute?

Since 1 September 2023, applying to a mediator before filing a lawsuit has been a mandatory precondition in disputes arising from a tenancy relationship. However, there are certain exceptions, such as eviction requests pursued through enforcement proceedings without a court judgment, so the specific situation needs to be assessed separately.

How is the rent increase rate for residential leases determined?

For renewed lease periods, the agreed increase may not exceed the twelve-month average of the consumer price index (TÜFE) for the previous lease year (Article 344 of the Code of Obligations, TBK). For tenancies that have completed five years, the rent may be redetermined by the judge in accordance with equity.

On what grounds can a tenant be evicted?

Eviction may be sought on the grounds listed in the law, such as the landlord's or their relatives' need for the property as a residence or workplace, the necessity of major repairs or reconstruction, a written undertaking to vacate, two justified warning notices within one lease year, and the expiry of the ten-year extension period.

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