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Özgür Law Office Antalya TR

Frequent Questions

The questions we are asked most often across every area the office works in, with short answers. Each heading gathers the questions for that area.

Principal area 6 Q

Condominium and Estate Management Law

What can be done about an owner who does not pay dues?

Default compensation of five per cent per month may be claimed for the period of delay, and the debt is pursued through enforcement. The manager may start the proceeding without a separate resolution of the assembly.

Is the tenant liable for common expenses?

A tenant occupying an independent unit is jointly and severally liable with the owner for common expenses, but only up to the amount of rent payable.

Can I have an assembly resolution annulled?

An owner who did not attend, voted against, or claims the resolution is unlawful may apply to the civil court of peace within 1 month of learning of it, and in any event within 6 months of the resolution date.

How is the management plan amended?

Amendment requires the votes of four fifths of the owners. Construction, repair and installation work in common areas is subject to the same qualified majority.

When does the assembly of owners meet?

At the time stated in the management plan; if none is stated, within the first month of each calendar year. If quorum fails, the second meeting is held no later than 15 days afterwards.

What if the developer delivered the common areas defective or incomplete?

The defect must be notified without delay after delivery; for hidden defects the period runs from when the defect appears. A court-ordered survey records the incomplete and defective work, after which the cost of remedy — or the remedy itself — is claimed. For immovable structures the limitation period is five years from delivery, or twenty where the developer is grossly at fault.

Principal area 4 Q

Dissolution of Co-Ownership

Can I file if the other co-owners refuse to sell?

Yes. A single co-owner can bring the action; the consent of the others is not required. The court first examines whether partition in kind is possible and, if it is not, orders dissolution by sale.

When is partition in kind possible?

When the property can be divided among the co-owners without a significant loss of value and zoning rules permit it. A flat usually cannot be divided; land and farmland frequently can.

I built the house on the land — does my share increase?

You can claim ownership of the structure, trees or installations. If the claim succeeds, the part of the sale price attributable to them is paid to you and the remainder is shared according to the registered shares. The claim must be supported by evidence of cost and date of construction.

Can I buy the property at the sale?

Yes. The sale is by public auction and co-owners may bid. If all co-owners request it, the court can also order that the auction be held among the co-owners only.

Principal area 4 Q

Criminal Law

I have been called to give a statement — do I need a lawyer?

Mandatory defence counsel applies in limited cases, chiefly where the offence carries more than five years. In practice the first statement frames the whole file, and a statement given with counsel avoids assertions that are very hard to correct later.

How long do I have to challenge a detention order?

Seven days from learning of the order. The challenge is filed with the judgeship that made it and reviewed by the court above. A release request can also be renewed at any stage.

If I withdraw my complaint, does the file close?

Only for offences that require a complaint. Where the offence is prosecuted of the state’s own motion — aggravated injury, narcotics, offences against public order — withdrawal alone does not end the case.

Should I accept a mediation offer?

Mediation ends the file without trial for eligible offences and leaves no criminal record. Even so, what is offered must be weighed against the sentencing and compensation risk; review the state of the evidence before accepting.

Principal area 4 Q

Debt Enforcement and Insolvency

A payment order was served on me. How long do I have?

In an ordinary proceeding you have 7 days from service to object at the enforcement office; otherwise the proceeding becomes final and attachment follows. For proceedings based on negotiable instruments the period is 5 days and the objection goes to the enforcement court.

I objected. What can the creditor do?

The objection suspends the proceeding. Depending on the document held, the creditor may ask the enforcement court to lift the objection (within 6 months) or bring an action to annul it before the general court (within 1 year). An unfounded objection can trigger compensation for denial of debt.

The debtor appears to own nothing. Is enforcement pointless?

No. Asset searches through the national judicial system cover real property, vehicles, bank accounts and receivables, and rights held by third parties can also be attached. Keeping the file open also reaches assets acquired later.

I filed the proceeding but took no action for a long time.

Dormant files lapse. Attachment must be requested within 1 year of the payment order becoming final, and sale within 1 year of the attachment.

Principal area 4 Q

Title Deed Cancellation and Registration

Is there a time limit for a concealed-inheritance claim?

No forfeiture period or limitation applies, so an heir may bring the claim years later. Waiting is still risky: if the property has passed to a good-faith third party the outcome can change.

Can a transfer recorded as a sale really be a gift?

That is the classic pattern — a gift made to keep property from an heir is registered as a sale. Whether the price was actually paid, whether the deceased had other income, and the timing of the transfer are all weighed together.

The transferor lacked mental capacity — what can I do?

If it is proved that capacity to discern was absent at the moment of transfer, the transaction is void. Hospital records, prescriptions and witness evidence are gathered, and the court usually orders a forensic medical report.

What if the property is sold on while the case is running?

To prevent that, an injunction is requested and noted on the register when the claim is filed. Where no note was made, the buyer’s good faith becomes a further issue and the case takes longer.

Intersecting area 2 Q

Real Estate and Tenancy Law

How can I evict my tenant?

Written undertaking, two justified notices, the owner's own need or reconstruction, and default are separate routes. Which applies depends on the content and date of the lease.

Can I go straight to court in a tenancy dispute?

No. In disputes arising from a tenancy — including eviction — applying to a mediator first is a condition of bringing the action.

Intersecting area 4 Q

Employment Law

What is the deadline for a reinstatement claim?

Application to a mediator must be made within one month of service of the dismissal notice. If mediation fails, the claim must be filed within two weeks of the final mediation record.

What counts towards severance pay?

The gross wage including benefits: on top of base pay, transport, meals, bonuses and regularly paid premiums are included. One-off payments and overtime are not.

Do I get severance pay if I resign?

As a rule no. But where the termination is for good cause — unpaid wages, unregistered employment, harassment — severance is due. In that case notifying the ground in writing and on time is decisive.

How is overtime proved?

Company records, access systems, timesheets and witness evidence. Where no records exist witnesses may suffice, though courts often apply an equitable reduction to the calculated amount.

Intersecting area 1 Q

Debt Recovery and Damages

I hold no promissory note. Can I still start enforcement?

Yes. An ordinary proceeding requires no document; but if the debtor objects, the claim must be proved in writing. The evidence position is therefore assessed before filing.

Intersecting area 4 Q

Administrative Law

When does the deadline against the administration start?

As a rule sixty days from written notification of the act. If it was never served, the date of actual knowledge applies. Where a preliminary application to the authority is required, that application suspends the period.

How is a stay of execution obtained?

Two conditions must be met together: the act is manifestly unlawful, and its execution would cause harm that is difficult or impossible to repair. The request is made in the statement of claim and decided after the authority replies.

The expropriation price was too low — can it be raised?

In a valuation action the nature of the land, its zoning status and comparable sales are reassessed by court experts. Whether it is classified as farmland or building plot affects the figure most.

Can a zoning plan be challenged?

An objection is filed with the municipality during the display period; if it is refused expressly or by silence, an annulment action follows in the administrative court. Missing the display notice causes a loss of rights, so the dates must be watched closely.

Intersecting area 1 Q

Family and Inheritance Law

Maintenance is not being paid. What can I do?

A final maintenance award is enforced as a judgment debt; where it remains unpaid, coercive imprisonment may also be sought before the enforcement criminal court.

Intersecting area 1 Q

Commercial and Corporate Law

My company keeps failing to collect. Where do we start?

First we check whether the contract and invoicing flow actually produces evidence; then we set a standard notice-and-enforcement routine for overdue receivables. Proceedings filed without that groundwork fail on objection.

Intersecting area 1 Q

Consumer Law

Committee or court?

If the value of the claim is below the annually updated threshold, applying to the consumer arbitration committee is mandatory; claims above it are filed directly with the consumer court.

Intersecting area 4 Q

Immigration Law

How does buying property lead to citizenship?

Foreigners who acquire property above the set threshold and register a three-year no-sale annotation may apply for exceptional citizenship. A valuation report and transfer of the price through a bank are decisive for acceptance.

What is the deadline to appeal a deportation order?

Seven days from service, to the administrative court. Once the appeal is filed the deportation is suspended until the court rules, which is why the deadline matters so much.

Is a foreign divorce valid in Türkiye?

Not automatically. For the judgment to take effect and be entered in the civil registry, a recognition or enforcement action must be brought.

What if a residence permit is refused?

An annulment action can be brought in the administrative court. Reading the stated ground matters: where the refusal is for missing documents a fresh application is usually better, where it goes to the merits litigation is the right route.

CONSULTATION 40 QUESTIONS

If your question is not here

Write to us; general questions are answered directly. For an assessment specific to your file, let us arrange a meeting.