Practice areas

Real estate and tenancy law

Legal transactions concerning immovable property require the land registry records to be examined together with the contract and the conditions of use. Ownership, tenancy and rights over property may be subject to different rules.

Göçüm Hukuk handles advice and representation in real estate and tenancy law within this framework.

Scope of review

01

Property transactions

Land registry records, rights and restrictions on the property, and transactions such as sales and promises to sell are considered in terms of their legal nature.

02

Tenancy relationships

The lease, the rent and payment records, the purpose of use, notices and the conditions for ending the lease are examined together.

03

Ownership and use disputes

Claims arising from co-ownership, the use of the property and tenancy relationships are assessed in light of the supporting documents and application requirements.

Work undertaken in this area

  • Drafting and reviewing lease agreements
  • Determining rent and applications for rent determination
  • Eviction requests and eviction proceedings
  • Formal notices and enforcement proceedings for rent arrears
  • Real estate sale agreements and promises to sell; review before land registry transactions
  • Actions to cancel and correct title, partition of co-owned property and condominium disputes
  • Mediation meetings in tenancy and partition disputes

Stages of work

01

Reviewing the records

The current land registry record, the lease or sale agreement, payment documents and formal notices are examined.

02

Defining the claim

The basis of the claim (rent, eviction, receivable, ownership) and the route to follow are determined.

03

Notice and mediation

The necessary notices are served; where mediation is a precondition for proceedings, the application is made.

04

Proceedings or enforcement

Proceedings or enforcement are conducted before the competent court or enforcement office.

Relevant documents

Principal documents that may be examined, depending on the matter:

  • Up-to-date land registry information
  • Lease or property contracts
  • Payment and delivery records
  • Formal notices and notifications

This list is not exhaustive; other information and documents may be needed depending on the circumstances.

Legal framework

Different provisions may apply to residential leases, leases of roofed business premises and other leases. A notice or contractual term may not by itself lead to eviction.

Principal legislation: Turkish Code of Obligations No. 6098 (in Turkish). Other relevant legislation and current case law are also taken into account.

Working framework

Every matter,
on its own terms.

Legal assessment takes the specific facts, the relevant documents and the regulations in force into account together.

How we work