Paying for an ID
Tatiana asks:
Hello! Do property owners in Turkey have to pay their debts for other property owners? What does the law in Turkey say about this?
Expert answers (2)
(Uptrend Homes)
Good afternoon! When buying a property, an agreement is drawn up in which there is a clause stating that the seller is obliged to pay all possible debts, and the agency, in turn, is obliged to check and provide the new owner with receipts. The new owner pays for the loan starting from the date of receipt of the tapu (it is indicated in the document itself), unless, of course, the purchase agreement provides for another option.
2.01.2025
(FethiyeDom)
Good afternoon, Tatiana! In Turkey, property owners are not required to pay their debts for other property owners. That's what the law says about it.:
An Idat is a monthly fee that is paid by all property owners in apartment buildings or residential complexes. This money is used to cover expenses related to the maintenance of common property. The issues of paying for aydat are regulated by the Turkish Civil Code (Türk Medeni Kanunu) and the Law on Housing Cooperatives (Kat Mülkiyeti Kanunu).
Each owner is obliged to pay his share of the rent, which is determined depending on the share of ownership (for example, the area of the apartment) in the total property. The owner is responsible only for his share of the expenses, and no one is obliged to pay the debts of other owners.
The management company or the management of the complex has the right to sue the debtors. The court may seize the debtor's property and collect the debt forcibly. If the owner does not pay the rent, the management company or the management of the complex can:
Send a written notification (ihtarname) about the need for payment.
If the debt is not repaid, file a lawsuit. The debt will be recovered from the debtor through the bailiff.
If the house/complex has a common utility debt (for example, electricity in common areas), the service may be disabled for all residents until the debt is paid off. This indirectly affects everyone, but the law does not require direct payment of the debt of other owners.
When buying an apartment, the new owner must check whether there are debts on the IDAT, since the debt on the IDAT can pass to the new owner if it was recorded in the reports of the management company.
If you encounter a similar situation, request a debt report from the management company. If the management company is trying to collect from you the debt of another owner, you can consult a lawyer specializing in real estate.
If the debt problem is large-scale, call a general meeting of residents to discuss and resolve the problem.
An Idat is a monthly fee that is paid by all property owners in apartment buildings or residential complexes. This money is used to cover expenses related to the maintenance of common property. The issues of paying for aydat are regulated by the Turkish Civil Code (Türk Medeni Kanunu) and the Law on Housing Cooperatives (Kat Mülkiyeti Kanunu).
Each owner is obliged to pay his share of the rent, which is determined depending on the share of ownership (for example, the area of the apartment) in the total property. The owner is responsible only for his share of the expenses, and no one is obliged to pay the debts of other owners.
The management company or the management of the complex has the right to sue the debtors. The court may seize the debtor's property and collect the debt forcibly. If the owner does not pay the rent, the management company or the management of the complex can:
Send a written notification (ihtarname) about the need for payment.
If the debt is not repaid, file a lawsuit. The debt will be recovered from the debtor through the bailiff.
If the house/complex has a common utility debt (for example, electricity in common areas), the service may be disabled for all residents until the debt is paid off. This indirectly affects everyone, but the law does not require direct payment of the debt of other owners.
When buying an apartment, the new owner must check whether there are debts on the IDAT, since the debt on the IDAT can pass to the new owner if it was recorded in the reports of the management company.
If you encounter a similar situation, request a debt report from the management company. If the management company is trying to collect from you the debt of another owner, you can consult a lawyer specializing in real estate.
If the debt problem is large-scale, call a general meeting of residents to discuss and resolve the problem.
30.12.2024
Consultation
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