The situation where a person occupies a immovable without the permission/consent of the owner of the immovable or enters a roofed structure that has not yet been evacuated or has been emptied in any other way, is a effraction. A natural or legal person who, regardless of whether it is defective or not, acquires, holds, or uses or has at his disposal the property without the consent of the authorized administration, without the consent or consent of the owner, is called intruder.
In the event that an immovable is occupied in this way, an application can be made to the competent administrative authority within 60 days after learning that this intervention has been made to the immovable. However, the application to the competent authority cannot be made after 1 year has passed from the realization of the intervention! In Article 16 of the Regulation on Implementation and Principles of the Law on the Prevention of Encroachments on the Possession of Immovable Property, the competent administrative authorities are determined as follows;
“If the immovable property is located within the borders of the central district, the governor or the deputy governor to be appointed, and if it is located in the districts, the district governors are authorized to decide on the prevention of infringement or interference. The governor can delegate this authority to only one of the deputy governors. The fact that the governor authorizes the deputy governor in this matter does not prevent him from making a decision himself when he deems it necessary. In case the governor transfers his authority, the situation is stated in the division of duties to be made among the deputy governors.”
Another way to be resorted to in such a situation; is to file an eviction lawsuit at the Civil Court of Peace without the need for any warning against the intruder due to the occupation.
In addition, as we have stated in another article before, in this case, Ecrimisil compensation can be claimed for 5 years retrospectively. Ecrimisil is the occupation compensation for the past and does not provide the intruder with a right to the title deed!
In cases of sub-tenancy specifically regulated in the Turkish Code of Obligations; If the previous tenant subleases the immovable and is no longer the lessee, or if there is a sub-lease situation contrary to what was agreed in the rental agreement, the sub-tenant becomes intruder. It has been determined that the sub-tenant is intruder in the case of sub-tenancy established contrary to the lease agreement, with the provision of M.2017/5282, Dcs. 2017/16600, Date 28/11/2017 of the 3rd Law Department of the Supreme Court of Appeals. Accordingly “…The lease agreement for the real estate subject to the lawsuit, on which the plaintiff is based, is dated 05.07.2010 and is for one year, and it has been arranged between the lessor plaintiffs and the tenant ….out of action. In Article 5 of the special conditions of the contract, it has been decided that the lessee cannot transfer or endorse the leased property partially or completely, and this provision binds the parties… For this reason, since it cannot be said that the rental relationship has been transferred to the defendant, it must be accepted that the defendant is intruder. In this case, when it is understood that the leased property has been transferred to the defendant despite the transfer prohibition in the contract, it is not correct to reject the case as the decision, while the court should decide to evict the defendant, who is in the position of undue occupant, from the leased property.
In the event of an unjustified occupation of your immovables such as your residence or workplace, you can take necessary legal action to eliminate this attack, and at the same time, you can compensate for the losses you have suffered. It will be in your best interest to follow up through a lawyer so that this process in which the loss of rights you have experienced will be resolved as soon as possible and efficiently. You can always contact us for information on the subject.
