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RENT DETERMINATION LAWSUIT AND PROCEDURES FOLLOWING THE JUDGEMENT

RENT DETERMINATION LAWSUIT AND PROCEDURES FOLLOWING THE JUDGEMENT

WHAT IS A RENT DETERMINATION LAWSUIT UNDER ARTICLE 344/3 OF THE TURKISH CODE OF OBLIGATIONS NO. 6098? Regardless of whether the parties have reached an agreement on this matter, in lease agreements lasting more than five years, or renewed after five years, and at the end of each subsequent five-year period, the rent applicable for the new rental year shall be determined by the judge in accordance with the rate of change based on the twelve-month average of the consumer price index, the condition of the leased property, and comparable rental values, ensuring fairness and equity. Both the tenant and the landlord may file a rent determination lawsuit for residential and roofed commercial premises...

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LAWSUIT FOR COMPENSATION DUE TO UNLAWFUL USE OF PROPERTY

LAWSUIT FOR COMPENSATION DUE TO UNLAWFUL USE OF PROPERTY

  Ecrimisil (unlawful occupation compensation) originates mainly from Article 995 of the Turkish Civil Code. Accordingly, a person who is not in good faith and possesses a movable or immovable property is obliged to compensate the owner (the true right holder) for the damages caused and for the benefits obtained or neglected to obtain.In brief, it is a type of compensation that a non-possessor owner can claim from a possessor who does not have ownership rights. As Uzunpınar Tüfek Law Firm, acting as a real estate lawyer in Istanbul, we protect our clients’ rights and apply the most effective legal strategies in ecrimisil cases. An ecrimisil lawsuit (compensation for unlawful occupation) may be filed together with an action for prevention of interference (actio negatoria) or a title deed cancellation and registration lawsuit, or it may be filed independently...

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ACQUISITION OF TURKISH CITIZENSHIP BY FOREIGN INVESTORS

ACQUISITION OF TURKISH CITIZENSHIP BY FOREIGN INVESTORS

As is known, one of the ways of acquiring Turkish citizenship through an administrative decision is the acquisition of Turkish citizenship by foreign investors under the title of “exceptional acquisition of Turkish citizenship.” This process is regulated under Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law. Individuals falling within the scope of this article must first obtain a certificate of conformity, then acquire a residence permit pursuant to Article 31/1-j of the Law No. 6458 on Foreigners and International Protection, and finally submit their citizenship application. In summary, the process for a foreign investor to acquire Turkish citizenship consists of three main stages...

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Investment Consultancy

Investment Consultancy

  Reliable, comprehensive, and strategically planned legal consultancy is essential for individuals and institutions planning to invest both in Turkey and abroad. As Uzunpınar & Tüfek International Law Firm, we provide a full-service approach covering all steps from A to Z for local and foreign investors who want to invest in Turkey. We manage every stage of the investment process, including company formation, tax incentives, location selection, and business plan preparation...

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Procedure for Entitlement in Seizure (ÇEVİRİ)

Procedure for Entitlement in Seizure (ÇEVİRİ)

PROCEDURE FOR CHARGES IN SEIZURE A. GENERAL INFORMATIONAlthough the debtor is the addressee of the enforcement proceedings, property believed to belong to the debtor but belonging to third parties can also be seized. The enforcement officer, taking into account the principle of order in seizure, may only seize property whose seizure is not prohibited by law. This principle serves not to collect the debt under any circumstances, but rather to establish a balance of interests between the creditor and the debtor. The enforcement officer has no other discretion and cannot assess whether the seized property actually belongs to the debtor.SEQUENCE IN SEIZURE: Only the debtor's property can be seized to the extent that it covers the principal and interest of the debt, as well as the enforcement expenses; no more can be seized (Article 85, I). However, when seizing sufficient property to cover the debtor's debt, it is necessary to begin with the property whose absence will least burden the debtor and is easiest to seize and sell. In other words, when seizing a debtor's property, a specific order is observed, which is called the order of seizure. Disputed property refers to property declar..

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Bodily harm (ÇEVİRİ)

Bodily harm (ÇEVİRİ)

BODILY HARM A. THE CONCEPT OF BODILY HARMBodily harm is not clearly defined in the TCC. In legal terminology, bodily harm means "damage inflicted on the human body (body) as a result of a tortious act, … bodily harm." The concept of bodily harm encompasses both the violation of a person's physical integrity and their mental integrity, in other words, their mental health. Bodily harm resulting from a violation of physical integrity encompasses the violation of both a person's physical integrity and their mental integrity.The first element for bodily harm to occur is the existence of the harm. Injury, disability, mental distress, or similar must occur as a result of an unlawful act. However, injury, mental distress, or similar conditions alone are not sufficient for the harm to occur. The aforementioned reasons must also include a decrease in property, or a decrease in property in the future. Both of these elements must be present simultaneously. In short, if there is no decrease or potential decrease in a person's assets in the event of injury, the concept of bodily injury does not arise...

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VEHİZLE VALUE LOSS

VEHİZLE VALUE LOSS

WHAT IS VEHICLE LOSS OF VALUE? Even if vehicles involved in accidents are repaired and restored to their original condition, they lose value on the used market due to the accident record in the TRAMER (Traffic Insurance Information Center) and are sold at lower prices than similar vehicles. This financial loss in the used market value of vehicles is called "loss of value." To prevent such hardship for vehicle owners, our legal system has developed a compensation system whereby the loss of value is covered by insurance companies...

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APKIS optional rights (ÇEVİRİ)

APKIS optional rights (ÇEVİRİ)

ELECTIONAL RIGHTS IN THE EVENT OF THE CONTRACTOR'S DEFAULT IN THE DELIVERY OF THE WORK There is no specific provision in the TCC regarding the contractor's default in the delivery of independent sections in a construction contract in exchange for a land share. Therefore, if the contractor defaults in the delivery of independent sections, the general provisions of the TCC and, where applicable, the provisions pertaining to the work contract will apply. The institution of the debtor's default in Articles 117 and 118 of the TCC and the related provisions will apply to the contractor's default in the delivery of independent sections and the consequences thereof. In this context: For a contractor to be in default on their obligation to deliver the independent sections, the obligation must be due and payable, the independent sections must not be delivered, the landowner must have provided a warning, and there must be no reasons preventing the default. However, the contractor's default on their obligation to deliver the independent sections is not, as a rule, required to be at fault. However, justified delay may prevent the contractor from defaulting because it eliminates the delay in f..

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Foreign Currency Purchase Certificate

Foreign Currency Purchase Certificate

FOREIGN CURRENCY PURCHASE CERTIFICATE As is known, within the scope of the Regulation on the Implementation of the Turkish Citizenship Law enacted in 2018, it has been made possible for foreigners in our country to acquire Turkish citizenship exceptionally by purchasing immovable or immovables worth at least 400,000 USD (Four hundred thousand USD). At this point, banks play an important role in the registration of foreign currency coming from foreign countries. Namely, as of January 24, 2022, foreigners are obliged to exchange foreign currency with the Central Bank for transactions they are buyers of. Accordingly, persons who are not citizens of the Republic of Turkey are required to make the payments for the real estate to be purchased in foreign currency. This obligation applies to all purchases made by foreigners, whether they apply for citizenship or not. Real estate cannot be sold without this document.   This process is usually done by authorized real estate offices. However, the most important point to be considered in this transaction is that the document to be obtained must be from a bank operating in Turkey. This transaction cannot be made with foreign currency exchang..

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"Value Added Tax (VAT) Exemption for Foreign Nationals in Real Estate Acquisition"

VAT EXEMPTION As it is known, Value Added Tax, or simply VAT, is an expenditure tax that is paid by the deliverer of goods and services, but charged to the recipient. It varies from 1% to 18%. However, in some cases stipulated by the law, there may be an exemption from the VAT amount. In our article below, we will explain the VAT exemption that foreigners, who are among the VAT exemptions, can benefit from in the purchase of the real estate...

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Exceptional Citizenship By Real Estate Investment Frequently Asked Questions

Exceptional Citizenship By Real Estate Investment Frequently Asked Questions

EXCEPTIONAL CITIZENSHIP BY REAL ESTATE INVESTMENTFREQUENTLY ASKED QUESTIONS1. WHAT ARE THE DOCUMENTS REQUIRED FOR THE APPLICATION? • Title Deed Document of the immovable or information of village/neighborhood, island, parcel, building, independent section,• Identity document/Passport (with translation if necessary),• "Immovable Valuation Report" to be obtained from the valuation institutions published on the website of the BRSA (https://www.bddk.org.tr/Kuruluslar-Category/Bankalara-Degerleme-Hizmeti-Vermeye-Yetkili-Kuruluslar/11)• Compulsory earthquake insurance policy for buildings (housing, workplace, etc.),• 1 photo of the buyer and 2 of the seller (in the last 6 months, in 6x4 size),• "Real Estate Market Value Certificate" from the municipality• Tax number• Bank-approved remittance receipts (Can be given before or after the sale.)• Sworn translator for the party who does not speak Turkish (authorized by the Regional Judicial Justice Commission)• If there is a representation, the document related to the representation (In case of transactions with a power of attorney issued abroad, the conditions sought with the circular numbered 2015/5 (1767) must be met.)..

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Commercial Law

Commercial Law

Commercial Law 1. In-Depth Expertise in Commercial LawCommercial law is not just about applying legal texts — it also requires the ability to speak the language of business, understand industry practices, and accurately interpret the nature of commercial relationships. At Uzunpınar & Tüfek International Law Firm, we possess extensive field experience in all aspects of commercial law. Thanks to our hands-on work in real-life disputes, we don’t just apply the law theoretically — we interpret it through practical, results-driven solutions. We have successfully handled hundreds of commercial files, both in litigation and pre-litigation consultancy...

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Consumer Law

Consumer Law

Consumer Law Consumer law is a specialized field of law that ensures consumers are protected against unfair practices they may encounter while purchasing goods and services. It is governed by both national and international regulations. From defective goods and the right of withdrawal to consumer contracts and warranty procedures, many topics are addressed in this area. In Turkey, the main legal framework that secures consumer rights is the Law on the Protection of the Consumer No. 6502. Especially issues related to online shopping, subscription agreements, and credit card transactions are among the most common subjects of consumer complaints.Consumers often suffer loss of rights due to lack of knowledge on issues such as returning defective products, service defects, misleading advertisements, distance sales contracts, and the validity of warranty documents. Legal procedures like applying to the consumer arbitration board, filing a lawsuit, and meeting deadlines can become complicated without professional assistance. At this point, a consumer law attorney plays an essential role in speeding up the process and protecting rights effectively.As Uzunpınar & Tüfek International La..

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Corporate Law

Corporate Law

Corporate Law 1. Expertise and In-Depth Experience in Corporate LawCorporate law goes far beyond company formation — it covers every stage from incorporation to liquidation. At Uzunpınar & Tüfek International Law Firm, we have guided hundreds of local and foreign companies through the full lifecycle of corporate structuring. Alongside our solid grasp of legislation, we stand out with our practical experience and our ability to accurately understand corporate structures and shareholder dynamics.  ..

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Urban Transformation Law

Urban Transformation Law

Urban Transformation Law Urban transformation law is a special field of law that regulates the legal relations arising during the processes of detection, evacuation, demolition, and reconstruction of buildings under disaster risk. Urban transformation projects carried out within the scope of Law No. 6306 on the Transformation of Areas Under Disaster Risk require a serious legal infrastructure to protect the rights of property owners, ensure fairness in contracts with contractors, and carry out title deed procedures properly. Urban transformation practices, which are especially concentrated in metropolitan cities like Istanbul, may involve many legal risks for owners, investors, and contractors. Therefore, getting support from an expert urban transformation lawyer from the beginning of the process is of critical importance to prevent possible disputes in the future.As Uzunpınar TÜFEK International Law Firm, we provide reliable and comprehensive legal services to our clients at every stage of the urban transformation process. We professionally manage the applications for risky building detection, achieving the required majority among owners, drafting construction contracts based on ..

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Real Estate Law

Real Estate Law

Real estate law is the branch of law that covers all transactions related to immovable properties such as land, plots, residences, and commercial properties, as well as the disputes that may arise from these transactions. Title deed transactions, purchase and sale processes, lease agreements, construction contracts in return for flat, expropriation lawsuits, and the dissolution of joint ownership are among the many important topics within this field. Especially in the real estate sector, where high-value investments are involved, having a solid legal foundation for transactions is of great importance to ensure the investment is completed securely and without problems. Therefore, working with a law firm experienced in real estate transactions plays a critical role in preventing possible risks and protecting rights...

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