Frequently Asked Questions (FAQ) & Legal Answers
Expert answers to common legal questions regarding Turkish real estate, tenancy disputes, labor rights, criminal defense, enforcement, corporate law, and immigration in Kuşadası & Turkey.
1. Real Estate & Tenancy Law FAQ
Can a Turkish landlord demand rent increases above the official CPI rate?
No. Under Article 344 of the Turkish Code of Obligations (TCO), the statutory ceiling for annual rent increases on residential and commercial leases is strictly capped by the official TurkStat 12-month average CPI rate. Calculate exact figures using our Rent Increase Rate Calculator.
What is the 5-year rule for filing a rent determination lawsuit in Turkey?
Under TCO Art. 344/3, once a lease contract reaches 5 years, either party may file a Rent Determination Lawsuit (Kira Tespit Davası) to adjust the rent to prevailing market rates without being restricted by CPI caps.
How to evict a tenant for non-payment of rent in Turkey?
A landlord may initiate eviction via 1) Enforcement Law Art. 269 summary eviction proceeding giving a 30-day payment order, or 2) issuing two written notices within one lease year and filing an eviction lawsuit at the end of the term.
What are the legal notice rules for property damage claims under TCO 335?
Landlords must inspect returned premises immediately and issue written notice via notary for non-ordinary damages under TCO Art. 335. See our Supreme Court precedent review: Compensation Claims for Delayed Eviction.
How does eviction based on a written undertaking to vacate work?
The undertaking (tahliye taahhüdü) is valid only if the tenant signs it of their own free will on a date after the lease was signed; an undertaking signed on the same day as the lease is legally void. Once the promised date passes, the landlord has one month to start enforcement proceedings or file an eviction lawsuit, otherwise the right lapses.
How long does a co-ownership dissolution (izale-i şüyu) case take, and how is the property sold?
Where co-owners — often heirs — cannot agree on dividing an inherited or jointly held property, either of them may file for judicial dissolution of co-ownership. The case typically runs 1.5 to 2.5 years, depending on the court's caseload and objections to the valuation report. If physical division is not feasible, the court orders sale: the property is auctioned publicly through the enforcement office and the proceeds are distributed among the co-owners in proportion to their shares.
2. Labor & Employment Law FAQ
Can an employee recover severance pay if forced to resign due to workplace mobbing?
Yes. Under Labor Law No. 4857 Art. 24, an employee resigning for just cause (such as mobbing, unpaid overtime, or ignored medical restrictions) is entitled to full statutory severance pay. Learn more on our Just Cause Resignation Precedent Review.
What are the conditions and deadline for filing a job reinstatement lawsuit?
Employees with at least 6 months of seniority in workplaces employing 30 or more workers must apply for official labor mediation within 1 month of receiving notice of wrongful termination. If unresolved, a reinstatement lawsuit must be filed within 2 weeks.
Is mediation mandatory before filing a labor lawsuit in Turkey?
Yes. Under Law No. 7036, applying for official labor mediation is a mandatory procedural prerequisite before filing claims for severance, notice pay, overtime, or reinstatement.
Is an employee who resigns voluntarily entitled to severance pay?
As a rule, no — an employee who simply resigns forfeits severance. The exception is termination for just cause under Article 24 of Labor Law No. 4857: unpaid or persistently late wages, unpaid overtime, social security premiums declared on less than the real wage, mobbing, or being made to perform heavy work against a doctor's report. In those cases the employee keeps the full severance entitlement despite having resigned. See our Severance and Notice Pay Calculation Guide.
Is being assigned work outside the job description a just cause for resignation?
Yes. Moving an employee hired as a cashier to warehouse or heavy manual work without their written consent is a material change to working conditions under Article 22 of the Labor Law. An employee pushed into this may terminate the contract for just cause and claim severance pay. See our review of the Court of Cassation 9th Civil Chamber decision: Just Cause Termination for Mobbing and Health Reasons.
How is overtime pay calculated in Turkey, and what is the limitation period?
Work exceeding 45 hours per week counts as overtime and is paid at the hourly wage plus a 50% premium. Overtime claims are subject to a five-year limitation period running backwards from the date the mediation application or lawsuit is filed — older overtime is time-barred even if it is proven.
3. Criminal Defense & Execution Law FAQ
How is prison execution time calculated under Turkish penal law?
Execution rates vary between 1/2 (general offenses), 2/3 (murder, drug dealing), and 3/4 (terrorism), subject to probation deductions under Law No. 5275 Art. 105/A. Calculate exact prison stay using our Parole Execution Calculator.
What is the maximum police detention duration in Turkey?
Under Criminal Procedure Code Art. 91, standard police detention cannot exceed 24 hours from capture without a judge's order. Suspects have the right to attorney representation immediately upon arrest.
Does HAGB appear on a Turkish criminal background check?
No. HAGB (Suspension of the Announcement of the Verdict) decisions do not appear on standard public criminal records. The case is dismissed after completing a 5-year probation period without new offenses.
How do Turkish courts distinguish drug possession for personal use from trafficking?
The line between Article 188 (trafficking) and Article 191 (possession and use) of the Turkish Penal Code is drawn on the facts: the quantity seized, how it was packaged (precision scales, individually sealed bags), where the person was caught, and any technical surveillance. For a first offence of possession for personal use, prosecution is deferred for a five-year probation period (KDAE) rather than the case proceeding to trial.
Which Assize Court has jurisdiction over Kuşadası and Didim?
Serious offences committed in Kuşadası or Didim carrying an upper limit above ten years — intentional homicide, drug trafficking, aggravated fraud, robbery — are tried by the Söke Assize Court, which covers both districts. Neither district has an assize court of its own.
4. Family & Inheritance Law FAQ
Can an uncontested divorce in Turkey be completed in a single hearing?
Yes. Couples married for at least 1 year who submit a comprehensive Uncontested Divorce Protocol (covering custody, alimony, and property division) and attend the hearing in person can finalize their divorce in one session.
What is the time limit for disclaiming an inheritance (Redd-i Miras)?
Under Civil Code Art. 606, heirs must formally reject an estate at the Civil Court of Peace within 3 months of learning of the deceased's passing.
Does a will override reserved statutory shares of children or spouse?
No. A testator cannot infringe upon the statutory reserved shares (saklı pay) of descendants, spouse, or parents. If breached, heirs may file an Reduction Lawsuit (Tenkis Davası) to claim their statutory shares.
How do fault and compensation work in a contested divorce?
Under Article 174 of the Turkish Civil Code, the spouse who is faultless or less at fault in the events that caused the divorce may claim both material and moral compensation from the other. Serious fault — adultery, attempt on life, gravely degrading treatment, or a dishonourable lifestyle — weighs on compensation and on custody alike, which is why the fault findings, not just the divorce itself, are what a contested case is fought over.
When can the division of matrimonial property be claimed?
The liquidation of the matrimonial property regime may be filed together with the divorce or afterwards, but the court will stay it until the divorce judgment becomes final. The limitation period is ten years from the date the divorce judgment becomes final.
5. Debt Collection & Enforcement Law FAQ
What is the deadline to object to an enforcement payment order in Turkey?
Under Enforcement Law Art. 62, a debtor has 7 days from formal service of a general payment order to submit a written objection to the Enforcement Office, which automatically suspends proceedings. Read our guide: Enforcement Objection Guide.
What is the maximum salary garnishment rate in Turkey?
Under Enforcement Law Art. 83, no more than 1/4 (25%) of a debtor's net salary may be garnished for debt collection without explicit consent.
Can household goods be seized by an enforcement officer?
No. Article 82 of the Enforcement and Bankruptcy Law protects household goods necessary for the debtor and their family to maintain daily life — refrigerator, washing machine, television, beds. The protection covers one of each: if the home contains two televisions, the second one may be seized.
What is the penalty for issuing a bounced cheque in Turkey?
Under Cheque Law No. 5941 the offence is prosecuted only on the complaint of the holder, and the penalty is a judicial fine. The fine is not an alternative to imprisonment: if it is not paid, it converts directly into a prison sentence.
6. Corporate, Tax & Crypto Law FAQ
Can Turkish crypto exchange accounts be garnished for debt collection?
Yes. Under Crypto Regulation Law No. 7518, accounts held at licensed Turkish crypto exchanges are subject to attachment under Enforcement Law Art. 89. Read our full review: < Seizure of Crypto Assets in Turkey >.
What is the deadline for challenging a tax penalty assessment in Turkey?
Under Tax Procedure Code and Law No. 2577, taxpayers must file an annulment lawsuit at the Tax Court within 30 days of receiving a formal tax assessment penalty notice.
What are the main differences between a joint-stock company (A.Ş.) and a limited company (Ltd. Şti.)?
Under the Turkish Commercial Code a limited company is formed with minimum capital of TRY 50,000, and its shareholders are personally liable with their own assets for public debts such as tax and social security premiums. A joint-stock company requires minimum capital of TRY 250,000, may go public, and its shareholders — provided they do not sit on the board — cannot be held personally liable for public debts. For foreign investors this liability difference is usually the deciding factor rather than the capital requirement.
7. Immigration & Citizenship by Investment FAQ
What are the requirements for Turkish Citizenship by Real Estate Investment?
Foreign investors purchasing real estate worth at least $400,000 USD (with a 3-year resale restriction) qualify for direct Turkish Citizenship for themselves and eligible dependents. Visit our Immigration & Citizenship practice page for complete guidance.
What action can a foreigner take if a Turkish residence permit is rejected?
Under Law No. 6458, an applicant may file an annulment lawsuit at the Administrative Court within 60 days of receiving formal rejection notice. Filing an appeal against a deportation order within 7 days automatically stays execution.
What should a foreign buyer check before purchasing property in Kuşadası or the Aegean coast?
Three checks matter most: whether the parcel falls within a military restricted zone (foreign acquisition is prohibited there), any mortgage or attachment annotations on the title deed, and the mandatory valuation report — which also determines whether the purchase qualifies for citizenship by investment. See our Kuşadası Property Lawyer page and our Residence and Citizenship Law practice area.
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