Real Estate and Tenancy Lawyer in Bursa

Real estate is one of the most valuable investments for individuals and companies alike, so disputes concerning it range widely, from ownership and leases to expropriation and urban regeneration. These disputes sit at the intersection of many related fields, such as land registry records, lease agreements, condominium ownership, construction contracts and zoning legislation. At Neka Legal, we represent our clients in these matters with a comprehensive approach, including foreign nationals buying or owning property in Türkiye.

Disputes we handle

In property law, we represent our clients in actions for the cancellation and registration of title deeds, claims of collusive transfers by a deceased person (muris muvazaası) and forged powers of attorney, actions to prevent interference and claims for compensation for unlawful occupation, termination of co-ownership and pre-emption actions. In tenancy law, an important field given the busy rental market in our region, we handle eviction actions on all grounds provided by law and rent determination and adaptation proceedings, and we draft and review residential, commercial and large-scale commercial lease agreements.

In condominium and housing complex management, we act for both management boards and individual unit owners across a wide range of matters, from the collection of service charges and the annulment of owners’ meeting resolutions to the liability of the manager and disputes over common areas. In expropriation and de facto expropriation disputes, we protect our clients’ rights by establishing the true value of the property in compensation cases, challenging expert reports and managing the administrative process.

We also provide comprehensive advice on zoning law and administrative disputes, corrections of the property type on title deeds, subdivision and amalgamation of plots, and boundary disputes.

Property purchases by foreigners

Foreign nationals may, subject to reciprocity and the limits set out in the Land Registry Law (Tapu Kanunu, Art. 35), acquire real estate in Türkiye; properties in military and security zones are excluded. Before signing, we check the title deed for mortgages, attachments and annotations, verify the zoning status and occupancy permit, review the sales contract and the developer’s obligations in off-plan purchases, and coordinate the valuation report and the transfer at the land registry office. For clients who wish to apply for Turkish citizenship through a real estate investment, we structure the purchase so that it meets the current investment threshold and the conditions of the certificate of conformity.

On what grounds can a tenant be evicted?

For residential and roofed commercial premises, the expiry of the lease term alone is not a ground for eviction; unless the tenant terminates the contract, it is extended for one year on the same terms. The landlord can seek eviction only on one of the grounds listed in the law.

If the tenant has given a written undertaking to vacate after the premises were handed over, the landlord must take action within one month of the date undertaken (Turkish Code of Obligations, TBK, Art. 352/1). Two justified written notices within one lease year for failure to pay the rent are also a ground for eviction (Art. 352/2).

A genuine and sincere need of the landlord, their spouse, children or dependants for the premises as a residence or workplace (Art. 350), and the need for major repairs or reconstruction that make use of the premises impossible (Art. 350/2), are also grounds for eviction. A new owner who acquires the property later may rely on their own need by notifying the tenant in writing within one month of acquisition (Art. 351). In addition, at the end of the ten-year extension period, the landlord may terminate the contract without giving reasons by notifying the tenant at least three months before the end of the following extension year (Art. 347).

How are rent increases set, and when is a rent determination action filed?

For residential and roofed commercial premises, the increase for a renewed lease year cannot exceed the twelve-month average change in the consumer price index for the previous lease year (TBK, Art. 344). This cap applies even if the contract provides for a higher rate.

If the parties cannot agree, the rent is set by the court. In lease relationships lasting more than five years, or renewed after five years, the new rent is set on the basis of equity, taking into account the change in the index, the condition of the premises and comparable rents. A rent determination action must be filed no later than thirty days before the start of the new lease period, or, if the tenant is notified in writing within that time, by the end of the new period.

Is mediation mandatory in tenancy disputes?

Yes. Since 1 September 2023, applying to a mediator before filing a lawsuit is a precondition for disputes arising from lease relationships, including eviction and rent determination actions. Termination of co-ownership, disputes arising from condominium ownership and disputes between neighbours are also subject to mandatory mediation.

The position is different for eviction through enforcement proceedings. Mediation is not required for eviction proceedings without a judgment based on an undertaking to vacate or on non-payment of rent. Choosing the right route can shorten the process considerably.

Termination of co-ownership (izale-i şuyu)

If the co-owners of a property held in shares or in joint ownership cannot agree on ending the co-ownership, any co-owner may ask the court to terminate it. The court first considers dividing the property in kind; if this is not possible, the property is sold and the proceeds are distributed among the co-owners according to their shares. The case is heard by the civil court of peace, and mediation is mandatory before filing.

What is compensation for unlawful occupation (ecrimisil)?

If a property is used without the owner’s permission and in bad faith, the owner can claim the income lost because of that use as compensation for unlawful occupation. In practice, this most often arises where one co-owner uses the property alone, where a property is not vacated after the lease has ended, and in boundary encroachments.

The amount is determined by expert examination on the basis of the comparable rental value and can be claimed for up to five years retrospectively. In claims between co-owners, a prior notice objecting to the exclusive use is, as a rule, required.

Condominium and housing complex disputes

Service charge debts, the use of common areas, resolutions of the owners’ meeting and the manager’s liability are frequent sources of dispute in apartment buildings and housing complexes. The manager can start enforcement proceedings against an owner for unpaid service charges, and the statutory late payment compensation applies. To annul a resolution that breaches the law, the management plan or earlier resolutions, an owner can file an action within one month of the resolution if they attended the meeting, or within one month of learning of it if they did not, and in any case within six months.

Title deed cancellation and registration actions

Where the land registry record does not reflect the true legal position, the cancellation of the record and registration in the name of the true owner can be sought. The most common grounds in practice are collusive transfers by a deceased person to deprive heirs, abuse of a power of attorney, sales made with forged powers of attorney, lack of capacity and the transfer of the family home without the spouse’s consent. In actions concerning rights in rem over real estate, the court where the property is located has exclusive jurisdiction.

Flat-for-land construction contracts and urban regeneration

In construction law, we advise both landowners and contractors on drafting and reviewing flat-for-land (kat karşılığı) construction contracts, on disputes over delays, defective work and unfinished work, and on actions arising from contracts for work. In urban regeneration projects under Law No. 6306, we stand by our clients at every stage, from the identification of buildings at risk to negotiations with contractors and administrative objections.

Which court hears real estate cases in Bursa?

Cases arising from lease relationships and actions for the termination of co-ownership are heard by the civil courts of peace, while title deed cancellation and registration cases are heard by the civil courts of first instance. Jurisdiction is exclusive in cases concerning rights in rem: a case about a property in Bursa must be filed with the court where the property is located. For properties in Nilüfer, Osmangazi and Yıldırım, these are the courts at the Bursa Courthouse.

Frequently asked questions

Can I evict the tenant when the lease expires?

No. For residential and roofed commercial premises, the expiry of the term alone is not a ground for eviction; one of the grounds listed in the law must exist.

How much can the rent be increased?

In a renewed lease year, the increase cannot exceed the twelve-month average change in the consumer price index for the previous lease year. In lease relationships lasting more than five years, the court may set a new rent on the basis of equity.

When is an undertaking to vacate valid?

The undertaking must be given in writing and after the premises have been handed over to the tenant. Undertakings signed on the same day as the lease agreement may be open to challenge.

What can I do if the other co-owners do not agree to sell a jointly owned property?

You can file an action for the termination of co-ownership. If the property cannot be divided in kind, it is sold and the proceeds are distributed according to the shares.

What is the maximum security deposit?

For residential and roofed commercial premises, the deposit cannot exceed three months’ rent. A cash deposit must be placed in a time deposit account at a bank that cannot be withdrawn without the landlord’s consent (Turkish Code of Obligations, Art. 342).

What should I do if the tenant does not pay the rent?

A period is granted for the unpaid rent by sending a written notice or starting enforcement proceedings. If payment is not made within that period, eviction can be sought through enforcement proceedings or a lawsuit.

Responsible attorney: Kaan Kaplan

This page has been prepared for general information purposes and does not constitute legal advice. Last updated: 6 November 2026.