Real Estate

7 Title Deed Annotations That Can Block Property Sales in Turkey

Buying property in Turkey—especially in high-demand areas like Istanbul or Maslak—can be a profitable investment. However, it’s essential to be aware of certain legal annotations (şerh) in the title deed, which can delay or even prevent a property sale. Here are the key annotations that should be reviewed carefully before finalizing any real estate transaction: 1. Lien (Haciz): If the property...

Why Are Turkish Landlords Selling Instead of Renting? A Growing Real Estate Shift

In recent months, Turkey has witnessed a significant decline in the number of rental properties available in the market. This trend is raising eyebrows among both local residents and real estate investors who are considering buying property in Istanbul or exploring real estate investment opportunities in Turkey. Industry experts point to increasing legal and financial tensions between landlords and...

5 Essential Clauses Every Rental Agreement Must Include

Whether you're a landlord or a tenant in Turkey, your rental agreement is more than just a formality—it’s your legal protection. Unfortunately, many contracts miss key clauses that later cause confusion, disputes, or even lawsuits. Here are five critical elements that should never be left out of a rental contract: 1. Identity and Contact Details: The full names, national ID numbers (T.C. Kimlik),...

Legal Grounds for Eviction in Turkey: What Every Landlord Should Know

Evicting a tenant in Turkey is subject to strict legal guidelines under the Turkish Code of Obligations. Whether you're a property owner looking to invest in Istanbul or already own a rental property, understanding these rules is crucial for protecting your rights. 1. Eviction Due to Personal Need: If the owner or a first-degree relative needs the property for personal use, a legal eviction can be...

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, but in certain situations, it can be canceled by a court order through title deed cancellation lawsuits to prevent the loss of rights. Common reasons for cancellation include: 1. Fraudulent Transactions (Concealing Property from Heirs): Transactions made with the intent of hiding property from heirs (Muris...

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. According to Article 177 of the Turkish Code of Obligations (Law No. 6098), deposits serve as proof that a contract has been established; however, their legal nature and refundability depend on the specific terms agreed upon. Deposit payments are generally...

Does Selling a Property Terminate the Lease Agreement?

Selling a property does not automatically terminate an existing lease agreement. According to the Turkish Law of Obligations, when a property is sold, the lease agreement is transferred to the new owner under the same conditions, and the new owner is required to notify the tenant in writing about the change in ownership. Before Notification: Until the new owner formally notifies the tenant, rent payments...

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. Not returning the keys has serious legal implications: the lease continues to be in effect even if the tenant moves out, the landlord cannot legally enter or re-rent the property...

What is the Family Home Annotation and How to Register It

The family home annotation is a legal protection regulated under Article 194 of the Turkish Civil Code that prevents a common living space from being sold, transferred, or mortgaged without the consent of both spouses, especially safeguarding those who are not official property owners. To register this annotation, you must first collect the required documents, including the title deed, marriage...

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, as both the buyer and the seller are legally responsible for any missing tax payments under Turkish tax law. Consequences of declaring a lower property value include: 1. The missing title deed fee (tapu harcı) is...