February 2025

The Cancellation of Title Deeds: In Which Cases Is It Possible?

📌 The transfer of title deeds is one of the most significant processes in real estate ownership. However, in certain situations, the transfer of the deed can be canceled by a court order. Title deed cancellation lawsuits are filed to prevent the loss of rights and correct illegal transactions. Here are the most common reasons for the cancellation of a title deed: Common Reasons for Title Deed...

Understanding Deposit Payments in Real Estate Transactions

📌 In real estate transactions, a deposit (kapora) is a payment made as a financial guarantee during the process of renting or purchasing a property. ✅ Legal Basis of Deposit Payments According to Article 177 of the Turkish Code of Obligations (Law No. 6098), deposits serve as proof that a contract has been established. However, the legal nature and refundability of the deposit depend on its type...

Does Selling a Property Terminate the Lease Agreement?

Selling a property does not automatically terminate an existing lease agreement. ✅ What Happens to the Lease When a Property is Sold? According to Turkish Law of Obligations, when a property is sold, the lease agreement is transferred to the new owner under the same conditions. The new owner is required to notify the tenant in writing about the change in ownership. ✅ Who Should Rent Payments Be...

What Happens If a Tenant Leaves Without Returning the Keys?

Many tenants believe that once they vacate a rental property, their lease is automatically terminated. However, under Turkish rental laws, a lease remains legally valid until the keys are officially returned to the landlord. Legal Implications of Not Returning the Keys Even if the tenant moves out and stops living in the property, the lease continues to be in effect until the keys are handed over. The...

What is the Family Home Annotation and How to Register It

The family home annotation is a legal protection that prevents a home used as a common living space within a marriage from being sold, transferred, or mortgaged without the consent of both spouses. Regulated under Article 194 of the Turkish Civil Code, this annotation particularly safeguards spouses who may not have an income or are not official property owners. How to Register a Family Home...

Declaring a Lower Property Value on Title Deeds: Penalties and Legal Responsibilities

When a real estate transaction is registered at a value lower than its actual market price, the Turkish tax authorities can impose significant penalties and interest on the unpaid amount. Under Turkish tax law, both the buyer and the seller are legally responsible for any missing tax payments. Consequences of Declaring a Lower Property Value If it is determined that the property price was underreported...

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