Legal Rights of Foreigners Buying a House in Turkey

A foreigner who buys a house in accordance with the law in Turkey becomes the owner of the real estate upon the completion of the title deed registration. Property right of the foreign owner; It covers the powers to use the house, use the house, rent it out, sell it, donate it, leave an inheritance and protect its right to the real estate through legal means. In connection with this topic Real Estate Law You can also review the content titled.

Although there are some special restrictions on the acquisition of real estate by foreigners in Turkey, after the purchase is completed, the foreign owner benefits from the legal protections provided by Turkish law to real estate owners as a rule. However, the right to property is not unlimited. Zoning legislation, apartment and site rules, tax obligations, provisions regarding tenant protection and special restrictions on the acquisition of real estate are also applied to the foreign owner.

Is a Foreign Who Buys a House in Turkey Considered an Owner?

Ownership of a house in Turkey does not automatically pass upon payment of the sale price or signing of a contract between the parties. In order to acquire the right of ownership, the sale transaction must be made officially and the foreign buyer must be registered in the land registry as the owner.

After the title deed registration, the foreign buyer becomes the owner of the real right on the real estate. This right can be asserted not only against the seller, but as a rule, against anyone. Necessary legal proceedings may be initiated against persons, tenants, neighbors, contractors or third parties who unlawfully interfere with the immovable property.

What are the Basic Rights of a Foreign Landlord in Turkey?

Foreign Landlord's Right to Use the Real Estate

The foreign owner can use the house he bought as a residence for himself and his family. Using the immovable property for certain periods, leaving it empty for a long time or living outside Turkey does not automatically terminate the right to property.

However, the use of the real estate must comply with its nature in the title deed, zoning plan, management plan and relevant legislation. It may not be possible to convert an independent section registered as a residence in the title deed into a workplace, hotel, clinic or other commercial activity without permission.

The owner can make renovations in the immovable. However, it may be necessary to obtain permission from the municipality, condominium owners' board or other competent authorities in order to intervene in the carrier system, to join the common areas to the independent section, to change the façade of the building or to carry out works subject to the license.

The Right of a Foreign Landlord to Rent Out His House

As a rule, a foreigner who buys a house in Turkey can rent out his real estate and earn rental income. The lease agreement is subject to the provisions of the Turkish Code of Obligations. The fact that the foreign landlord does not live in Turkey does not prevent him from having the title of lessor. About the relevant aspect of the process Citizenship Process for Foreigners Buying Real Estate There is detailed information on the page.

It is important to clearly regulate the following issues in the rental agreement:

• Full address and title deed information of the leased property,
• Rental price and payment method,
• Lease period,
• Deposit amount and return conditions,
• Which party the dues and ancillary expenses belong to,
• The purpose of use of the immovable,
• Status of fixtures,
• Whether there is an eviction commitment,
• Address and contact information to be notified.

The foreign landlord cannot immediately evict the tenant in all cases only on the grounds that the lease agreement has expired. Mandatory provisions regarding the protection of the tenant are applied in residential leases. Eviction may require non-payment of rent, valid eviction commitment, need, reconstruction, or any other reason specified in the law.

Increasing the rent, keeping the deposit, evicting the leased property and collecting the rent debt must be carried out in accordance with the procedural provisions of the Turkish Code of Obligations. Changing the lock by the landlord's own means, taking the tenant's belongings out or cutting off electricity and water may have unlawful consequences.

Taxation of Rental Income

Rental income obtained by a foreign landlord from his real estate in Turkey may be subject to income tax in Turkey under certain conditions. Whether the foreigner is a resident of Turkey, the type of income obtained, the annual amount, exceptions and double taxation agreements should be evaluated together.

Since tax exemptions and declaration limits may change every year, the foreign owner who earns rental income should check the current amounts. Receiving rent payments through the bank, with explanations and in accordance with the contract, is important in terms of proof and tax transactions.

Foreign Landlord's Right to Sell the Real Estate

The foreign owner can sell the house he bought in Turkey later. The sale can be made to a Turkish citizen or another foreign real person who meets the conditions for acquiring real estate in Turkey. If the new buyer is a foreigner, the citizenship of this person, the acquisition limits and the location of the real estate are re-evaluated.

The sale must be made at the land registry office or at the authorized notary public as permitted by the legislation. The ordinary written contract signed by the parties among themselves does not transfer the ownership of the immovable property to the buyer alone.

The foreign owner must check the following issues before selling his real estate:

• Whether there is a mortgage, lien or measure in the land registry,
• Status of municipal property tax debts,
• Whether there is a site or apartment dues debt,
• Whether the immovable property is tenanted or not,
• Whether there is a commitment not to sell for citizenship purposes,
• Whether tax will arise due to sales gain,
• If a sale is to be made with a power of attorney, whether the power of attorney contains sufficient authority.

Can a House Purchased for Citizenship Be Sold Immediately?

If a commitment that the real estate acquired for the purpose of applying for Turkish citizenship will not be sold for three years is recorded in the land registry, it is not possible to sell the real estate voluntarily before this period is completed. Compulsory actions such as court decisions and forced execution are evaluated separately.

As a rule, it is possible to sell the real estate after the expiration of the three-year period. However, if it is determined that the transactions based on the acquisition of citizenship are untrue, collusive or contrary to the legislation, a separate examination can be carried out in terms of citizenship and eligibility certificate.

Can a Foreign Owner Donate the Immovable?

The foreign owner can transfer his immovable property to another person by donation if the legal conditions are met. If the person accepting the donation is a foreigner, it is checked whether this person has the right to acquire real estate in Turkey and whether he exceeds the acquisition limits.

The donation process must also be made officially and registered in the land registry. The consequences of fees, taxes and inheritance law that may arise due to donation should be evaluated before the transaction. Also Title Deed and Tax Procedures for Foreigners Buying Real Estate in Turkey should be evaluated together with the concrete case.

Foreign Landlord's Right to Establish a Mortgage

The foreign owner can show his real estate as collateral for a loan or other debt. A mortgage can be established in the land registry in favor of the bank or the creditor. The degree of the mortgage, the amount, the currency, and the debt it secures must be clearly defined.

Since there is a risk of selling the real estate through execution when the debt is not paid, it is important that the foreign owner does not sign loan and mortgage documents prepared in a language he does not understand without legal support.

The termination of the debt does not always automatically remove the mortgage from the title deed. After the debt is paid, the mortgage cancellation process must be carried out by the creditor.

Foreign Landlord's Right to Inherit

In the event of the death of a foreign person who owns a house in Turkey, the immovable property may be transferred to the heirs. Heirs can be spouses, children, mothers, fathers or other legal heirs, as well as people determined by a valid will.

If a foreign person inherits the real estate in Turkey, first of all, the inheritance status is determined and the inheritance transfer process is carried out in the title deed. Then, it can be examined whether there is an acquisition restriction that prevents the foreign heir from keeping the immovable property on himself.

If it is not possible for the foreign heir to hold the ownership due to his citizenship or the region where the real estate is located, the liquidation or transfer of the real estate may come to the fore. Therefore, it is important for foreign homeowners to make wills and inheritance planning for their assets in Turkey.

Is a Will Made Abroad Valid?

The will prepared abroad can be enforced in Turkey; It is evaluated according to the way the document is issued, the country where it is issued, the rules of private international law, apostille or consular approval, and the recognition or enforcement requirements in Turkish courts.

In inheritance transactions regarding immovable properties in Turkey, it may be necessary to obtain a certificate of inheritance from Turkish courts or competent authorities. The translation, apostille and court approval processes of the documents issued by the foreign authorities must be completed separately.

The Right of a Foreign Landlord to Protect the Land Registry

The land registry is the official record showing the owner of the immovable property and the real rights on the immovable. The foreign owner can examine the title deed information of his real estate and obtain the necessary records through an authorized person or lawyer.

In case of error, fake power of attorney, unauthorized sale, collusive transaction or unlawful registration in the title deed registration, the cancellation of the title deed and filing a registration lawsuit may come to the fore. In some cases, an interim injunction may be requested from the court to prevent the transfer of the immovable property to third parties.

The foreign owner should keep his identity and contact information up to date; When he notices a suspicious transaction or notification about the real estate, he should have the land registry records examined without delay.

Rights of Foreign Landlords Against Unfair Occupation

If the immovable property is used by another person without permission, the foreign owner may request legal protection. Depending on the nature of the unfair occupation, ways such as prevention of seizure, eviction, compensation, compensation or criminal complaint may come to the fore.

Ecrimisil is an unfair use compensation that can be claimed from the person who uses the immovable property without a just and valid reason. The amount to be requested is determined by taking into account the usage period of the immovable, the imputed rental price, the type of use and the characteristics of the concrete case.

The fact that the immovable is actually used by someone else does not automatically terminate the property right of the title deed owner. However, the dispute should be intervened in a timely manner in order to avoid loss of rights.

Foreign Landlord's Right to File a Lawsuit and Defense

Foreign persons can apply to Turkish courts in disputes related to their real estate in Turkey. Being a foreigner alone does not prevent filing a lawsuit or being a party to the lawsuit.

The main disputes to which the foreign owner may be a party are as follows:

• Title deed cancellation and registration cases,
• Cases for the prevention of unfair seizure,
• Ecrimisil and compensation claims,
• Rent receivables and eviction cases,
• Defective or incomplete housing disputes,
• Condominium and common area disputes,
• Lawsuits for the elimination of partnership,
• Disputes arising from the right of pre-emption,
• Expropriation price and administrative action cases,
• Lawsuits filed against tax and municipal transactions.

Foreign plaintiffs may be asked to provide collateral to cover litigation expenses under certain conditions. International conventions, reciprocity status, residence status of the person and the nature of the case may affect this assessment.

Rights of the Foreign Landlord in Case of Expropriation

In cases where the public interest requires, the immovable property belonging to the foreigner can also be expropriated under the conditions specified in the law. However, the foreign owner cannot be deprived of his real estate gratuitously just because he is a foreigner.

In case of expropriation, the owner may request that the legality of the expropriation process and the determined price be examined. If the value of the real estate is thought to be underestimated, objection and litigation rights can be exercised in the price determination and registration process.

In the event that the administration actually or legally intervenes in the immovable property without making an official expropriation process, compensation or termination of intervention can be requested according to the conditions of the concrete case.

Consumer Rights of Foreigners Buying Houses from the Project

If the foreign person buys a house for personal use from a construction company acting for commercial or professional purposes, they can benefit from the protections in consumer legislation depending on the nature of the transaction. Foreign citizenship does not automatically eliminate the title of consumer.

The following rights are important in prepaid or off-project housing sales:

• Being informed accurately and completely before the contract,
• Learning the project, license and delivery conditions,
• Requesting that the contract be drawn up in the manner stipulated in the law,
• Requesting the delivery of the house in accordance with the contract and the project,
• Exercising optional rights in case of defective or incomplete delivery,
• To demand compensation, if any, due to delay,
• Withdrawal or withdrawal from the contract under the conditions recognized by the legislation.

The features promised in the promotional brochure, advertisement, sample apartment or sales presentation should be evaluated together with the contract. Writing down promises such as square meters, views, materials used, delivery date and social facilities provides ease of proof.

Rights of the Foreigner in a Defective or Incomplete Delivery House

If the purchased house does not have the features specified in the contract, has significant structural defects, is missing square meters or does not use the promised material, it may constitute defective performance.

Depending on the nature of the dispute, the foreign buyer can exercise one of the following rights:

• Requesting free remedy of the defect,
• Requesting a discount from the sales price,
• Requesting the replacement of the immovable with a similar one without defects,
• Withdrawal from the contract if the conditions are met,
• Seeking compensation for additional damages incurred.

It is important to determine the defect with a report at the time of delivery, to take photographs and video recordings, to have an independent expert examination and to send a written notification to the seller. Statute of limitations and notification periods should be evaluated according to the legal nature of the concrete transaction.

Rights of Foreign Landlords in Site and Apartment Management

A foreign owner who owns an independent section in a building subject to condominium ownership can participate in management processes like other condominium owners. Floor owners may have the right to attend board meetings, vote, elect or be elected as a manager and object to unlawful board decisions.

Although each independent section owner has the right to vote, some voting restrictions may be applied in the Condominium Law according to the number of independent sections owned by a person. The foreign owner may attend the meeting in person or appoint a representative with a duly authorized power of attorney.

The site management cannot demand different dues from foreign owners only because they are foreigners. Dues and common expenses should be determined within the framework of the management plan, the decisions of the condominium owners' board and the legal status of the independent sections.

Foreign Landlord's Right to Use Common Areas

Foreign owner; stairs, elevators, gardens, parking lots, corridors, roofs and other common areas in accordance with the management plan and the Condominium Law. Unauthorized closure of common areas by a certain owner or allocation only to him may cause legal disputes. Legal Controls in the Sale of Housing to Foreigners in Turkey its content explains other legal points related to this stage.

Who owns areas such as parking lots, warehouses, terraces or gardens is not determined only by actual use. Title deed registration, approved project, management plan and flat owners board decisions should be examined together.

Foreign Landlord's Right to Apply for Subscription

The foreign owner can apply for electricity, water, natural gas, and internet subscriptions by submitting the necessary identification, title deed, insurance, and address documents. Subscription terms may vary depending on the service provider and the location of the property.

In case of encountering debts belonging to the previous owner or tenant, it should be investigated to whom the debt belongs. Old subscription debts of a personal nature and obligations related to real estate should be separated from each other.

Does Buying a House Give a Foreigner the Right to Residence?

Buying a house in Turkey does not automatically and indefinitely give the foreigner the right to live in Turkey. A person who wants to stay longer than the visa or visa exemption period must apply for the appropriate type of residence permit.

In a short-term residence permit based on real estate ownership, it may be required that the residence belongs to the applicant, is used for housing purposes and meets the value requirements in the current legislation. Since different rules may be applied according to the acquisition date and transitional provisions, each application should be evaluated on its own terms.

Owning a house is one of the legal reasons for applying only for a residence permit. Health insurance, valid passport, address information, public order and other application requirements must also be met. The final decision is made by the Migration Management.

Does Buying a House Give Turkish Citizenship to a Foreigner?

Not every foreigner who buys a house acquires Turkish citizenship. In order to apply for Turkish citizenship through real estate investment, the investment amount, payment, value determination, seller, real estate and title deed commitment conditions required in the current legislation must be met together.

In current practice, a suitable real estate investment of at least USD 400,000 and a commitment not to sell for three years are among the main conditions. However, meeting the investment requirements does not mean that citizenship is automatically acquired.

Certificate of conformity, investor residence permit, archive research and citizenship application stages must be completed. The competent authorities evaluate the application separately in terms of public order, national security and other legal conditions.

Foreign Landlord's Right to Use Power of Attorney

The foreign owner can carry out many transactions related to the real estate through the lawyer or representative to whom he has given a power of attorney before coming to Turkey. The power of attorney can be issued at the Turkish consulate or in front of the authorities of a foreign country, provided that the necessary approval procedures are completed.

The actions to be taken must be clearly stated in the power of attorney. Different authorizations may be required for real estate sales, leasing, mortgages, filing lawsuits, tax procedures, subscriptions, citizenship or residence permit applications.

A power of attorney containing general expressions may not be considered sufficient for some title deed transactions. In particular, transactions such as sales, donations, mortgages and a commitment not to sell for three years for citizenship purposes may require explicit and specific authorization.

Main Obligations of the Foreign Landlord

With the right to property comes some financial and legal obligations. The foreign owner must follow the following issues:

• Timely payment of property tax,
• Keeping compulsory earthquake insurance valid,
• Payment of site dues and common expenses,
• Declaration of rental income when necessary,
• Use of the immovable property in accordance with zoning and license rules,
• Compliance with neighborhood law and management plan,
• Updating address and contact information in necessary institutions,
• Compliance with the commitment not to sell the real estate purchased for citizenship purposes.

Failure to pay taxes, dues or public debts for a long time may result in enforcement proceedings, foreclosure and sale of real estate. The fact that the foreign owner lives outside of Turkey does not eliminate these obligations.

What Should Be Done If the Rights of a Foreign Landlord Are Violated?

When the right of the foreign owner is violated, the type of dispute must first be determined. Title deed, rent, construction, site management, tax, residence or expropriation disputes are each subject to different remedies and periods.

In general, the following steps can be followed:

1. Title deeds, contracts, payment documents and correspondence should be collected.
2. The current title deed record and encumbrances of the real estate should be examined.
3. If there is a defect or damage, evidence should be created with photographs, videos and expert reports.
4. A notary notice or written notification must be sent to the other party.
5. A mediator should be consulted in disputes within the scope of mandatory mediation.
6. If necessary, interim injunction, enforcement proceedings or litigation should be taken.

In cases where there is a risk of title deed transfer, eviction, limitation period or statute of limitations, it is important to seek legal support without delay.

The Importance of Legal Advice for Foreign Landlords

In order for foreigners who buy a house in Turkey to effectively exercise their rights, the legal status of the real estate and related transactions must be carried out in accordance with Turkish legislation. Contracts prepared in a different language, incomplete powers of attorney and misinformation can cause serious loss of rights.

A lawyer working in the field of real estate law can provide support in the following areas:

• Title deed and encumbrance examination,
• Preparation of sales, lease and management contracts,
• Follow-up of title deed transfer and power of attorney transactions,
• Eviction of the tenant and collection of rent receivables,
• Defective housing and incomplete delivery disputes,
• Inheritance transfer and will transactions,
• Coordination of citizenship and residence permit processes,
• Deed cancellation, registration, compensation and compensation cases.

Frequently Asked Questions

Does a foreign landlord have the same rights as Turkish owners in Turkey?

There are some special limitations on the acquisition of real estate for foreigners. However, when the foreigner acquires the immovable property in accordance with the law and is registered as the owner of the title deed, he benefits from the fundamental rights provided to the owners by Turkish law in terms of the exercise and protection of the property right.

Can a foreign landlord sell his house to whoever he wants?

The real estate can be sold to a Turkish citizen or to a foreigner who meets the conditions for acquiring real estate in Turkey. The presence of a commitment not to sell due to foreclosure, mortgage, injunction or citizenship in the title deed may prevent the sale process or require additional action.

Can a foreign landlord rent out his house without living in Turkey?

Yes. Even if the foreign owner lives outside of Turkey, he can rent his house. Transactions can be followed through a representative or lawyer who has been duly given power of attorney.

What can be done if the tenant does not pay rent to the foreign landlord?

Ways such as written warning, enforcement proceedings, mediation and eviction lawsuits can be used for rent debt. The appropriate method is determined according to the lease agreement, the duration of the debt and the circumstances of the concrete case.

Can a foreign landlord evict a tenant immediately?

The eviction of the tenant must comply with the reasons and procedure specified in the Turkish Code of Obligations. The fact that the landlord is a foreigner does not provide a special or faster eviction right.

Can a foreigner's children inherit a house in Turkey?

Yes. The immovable property can be transferred to legal heirs or persons determined by a valid will. However, citizenship and acquisition restrictions can be examined separately in terms of the foreign heir's ability to keep the immovable property.

Can the foreign host vote at the site meeting?

Yes. The foreigner who is the floor owner can attend the meetings, vote and appoint a representative within the framework of the management plan and the provisions of the Condominium Law.

Does a foreigner who buys a house in Turkey get an automatic residence permit?

If the conditions are met, homeownership may be a reason to apply for a short-term residence permit. Residence permit must be requested separately and other conditions sought by the Migration Management must also be met.

Does a foreigner who buys a house in Turkey automatically become a citizen?

An exceptional citizenship application can only be made when the investment amount and other conditions specified in the legislation are met. Buying real estate does not mean that citizenship will be granted definitively.

Can a foreign landlord file a lawsuit against unfair occupation?

Yes. Against the person who uses the immovable property without permission, claims for prevention of intervention, eviction, compensation and compensation, if any, can be made.

Can the real estate of a foreign landlord be expropriated?

If there is a public interest and legal conditions, the immovable property belonging to the foreigner can also be expropriated. The owner may take relevant legal action against the legality of the transaction and the expropriation price.

Legal information: This content has been prepared for general information purposes. Foreigners' rights to property, residence, citizenship, tax and inheritance; It may vary according to the citizenship of the person, the acquisition date of the immovable, the region where it is located and the characteristics of the concrete transaction. Before any transaction or lawsuit, a legal evaluation specific to the person and the real estate should be made.