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Who has to pay the previous depts of property in Turkey?

Posted by Yakup Uslu on March 12, 2021
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You are buying a new or resale property in Turkey. You have no idea what to pay and where to pay.. Or there are several depts about the property.

So, the question is: WHO IS RESPONSIBLE FOR THE UNPAID DEPTH OF THE BUILDING: NEW OWNER OR PREVIOUS OWNER?

We have asked English and Arabic speaking lawyer Mr. Cinas..

According to the Property Ownership Law, the beneficiary (tenant, owner of the right to dwell) or owner has to participate jointly in the expenses made for the building like every owner. Independent sections regardless of floor or section have to participate in these costs. Sometimes flat owners participate in some expenses as much as the square meter they own  (insurance premiums, maintenance, protection, reinforcement, repair, manager salary, operating costs of common facilities, advances collected for expenses), sometimes they have to participate equally in some expenses (doorman, heater, gardener, guard expenses and advances collected for them).

If one of the flat owners refuses to participate in these expenses, there are many types of sanctions ranging from filing lawsuits and enforcement proceedings to selling the independent section. According to the Property Ownership Law, floor owners have the opportunity to collect these debts by acting as a legal entity. However, in the Property Ownership Law, it is not regulated whether the debts from the previous owner will be transferred to the new owner or not.

With the introduction of the Property Ownership Law in our lives, these problems have been brought to court and this issue has been clarified by the Supreme Court. The decisions of the Supreme Court on this issue are as follows:

Court of Appeals 18th Civil Chamber 01.10.2002 T., 2002/7159 E., 2002/9012 K .: Case; It is about the request for the annulment of the objection to the execution proceedings regarding the collection of the common fee debt for June-July-August 1999. According to the documents collected in the file and especially the title deed record, it is understood that the defendant’s collective expense receivable subject to proceedings and lawsuits purchased by the defendant’s independent section Considering that the defendant will not be held responsible for the common expense debt related to the period in which he is not a flat owner in the face of this determined situation, the acceptance of the case and the establishment of a judgment against it was not considered correct.

Court of Appeals 18 Law Office 14.04.2005 T., 2005/1259 E., 2005/3657 K .: 634 numbered Article 20 of the Property Ownership Law, each of the flat owners is obliged to participate in the common expenses and dues of the main immovable. As long as the property right of the floor owner continues, it is obliged to comply with this main rule. The floor owner is released from this obligation only as soon as the property right ends. From this moment on, the responsibility – for the common expenses, dues and advance debts realized after the date of transfer of ownership – belongs to the new owner. In case the floor owner transfers his independent part to another person, it is certain that he will be responsible for all common expenses incurred as long as his own property right continues.

Y.5.H.D.7.11.1979 DAY, 1979/6541, E.1979 / 8201 K .: The floor owner is responsible for the administrative expenses of the flat he sold before the date of sale. This expense cannot be requested by the new owner.

As can be understood from the above decisions; The new owner cannot be held liable for expenses and advances not paid by the previous owner. In this context; The debts of the floor owners do not depend on the property itself. On the contrary, it is a personal debt. For this reason, with the change of owner, the debt is not for the new owner; It can be put forward against the former property owner.

Within the framework of the Property Ownership Law Practice in Alanya, the building managements have many rights against the owners who do not pay their debts. Managers can send a warning or payment order to the new owners on the grounds that they cannot reach the old owner. In such cases, it is important to get Legal Support in Alanya. Failure to appeal to the payment order on time may result in loss of right. It is important that building managements take action before the independent section is sold. For this reason, they should benefit from our Alanya Apartment Management, Legal Consultancy to Floor Managers in Alanya and Alanya Depth Collecting service.

For more information and for contact visit our page: http://felixlegal.com.tr/en/iletisim/

PhD. Yakup Uslu
CEO IDEAL & Partners

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