Understanding Landlord-Tenant Disputes in Turkey and the New Regulation

Introduction

Land and property disputes, particularly those involving landlord-tenant relationships, are not uncommon in Turkey. To address these issues, a new regulation has been introduced, aiming to streamline the resolution process for such conflicts. In this article, we will explore the overall rules of land and property disputes in Turkey, with a focus on landlord-tenant disputes, and discuss the new regulation, Law No. 7445. If you have any queries regarding land and property disputes in Turkey, our team at Dogus Law is here to help, as we are qualified lawyers in Turkey and ready to assist you.

Overall Rules of Land and Property Disputes in Turkey

In Turkey, land and property disputes often involve issues related to property ownership, rights, and obligations. Specifically, landlord-tenant disputes may arise due to rent payment disagreements, eviction, property maintenance, and lease terms. Turkish law provides various mechanisms to resolve these conflicts, such as negotiation, mediation, and litigation.

New Regulation: Law No. 7445

Published in the Official Gazette on April 5, 2023, and numbered 32154, Law No. 7445 has introduced significant amendments to the Mediation Law (Law No. 6326). This new regulation has expanded the scope of disputes that can be resolved through mandatory and voluntary mediation, particularly concerning real estate and rental law disputes.

Voluntary Mediation for Real Estate Disputes

Pursuant to Article 17/B of the Mediation Law, disputes regarding the transfer of immovable property or the establishment of limited rights in rem on an immovable property are now eligible for voluntary mediation. If the parties agree in writing, the mediator can request an annotation to the land registry, restricting the power of disposition for up to three months. The annotation will be removed upon the mediator's request or automatically at the end of the three-month period.

Mediation as a Procedural Prerequisite for Real Estate and Rental Law Disputes

Article 18/B of the Mediation Law makes it necessary to apply for mandatory mediation before filing a lawsuit in certain disputes, including those arising from lease relationships, the allocation of movable and immovable property, the elimination of joint ownership, and disputes arising from Condominium Law No. 634 and neighbouring rights regulated under Turkish Civil Code No. 4721.

These amendments will come into force on September 1, 2023, and are expected to ease the workload of the courts and resolve disputes more quickly.

Conclusion

The introduction of Law No. 7445 has brought significant changes to the resolution of land and property disputes in Turkey, particularly concerning landlord-tenant conflicts. If you need legal assistance or have any queries regarding land and property disputes in Turkey, do not hesitate to contact Dogus Law, as we are qualified lawyers in Turkey and ready to help.