Real Estate Law

What we handle in this area

• Rent determination and adjustment: Disputes over rent increases (Code of Obligations, Art. 344).
• Eviction: Eviction claims based on non-payment of rent, need, reconstruction and eviction undertakings (Code of Obligations, Arts. 315, 350–352).
• Mediation in rent disputes: Mandatory pre-litigation mediation applications and sessions.
• Cancellation and registration of title deeds: Cases aimed at correcting a land registry record.
• Dissolution of co-ownership: Dividing immovable property held in shared or joint ownership.
• Condominium and neighbor disputes: Disputes over management, dues and use (Law No. 634).
• Contracts: Preparing and reviewing lease, sale promise and build-in-exchange-for-flats contracts.

How does the process work?

1. Mediation. In disputes arising from the lease relationship, and in disputes arising from the dissolution of co-ownership, condominium and neighbor law, a mediator must be applied to before filing a lawsuit (Law No. 6325, Art. 18/B). The mediator concludes the process within three weeks from the date of appointment; in necessary cases this period can be extended by up to one week.

2. Lawsuit or enforcement proceedings. If no agreement is reached, cases arising from the lease relationship and cases for the dissolution of co-ownership are heard by the civil court of peace (Code of Civil Procedure, Art. 4). Enforcement proceedings with an eviction request for unpaid rent are also an option.

3. Appeals. Court decisions can be appealed and, where the conditions are met, taken to the Court of Cassation.

Notice and filing periods in rent increases and evictions directly affect the outcome, so it is important to keep the contract date and any notices you have made.