One of the most frequent disputes in Turkish real estate law arises when a landlord intends to sell a property, but the tenant refuses to allow potential buyers to view the premises. This conflict directly affects the landlord’s ability to dispose of their property and may lead to financial losses.
Legal Basis Under Turkish Law
Under Article 319/2 of the Turkish Code of Obligations, tenants are legally required to permit the viewing of the leased property when it is necessary for maintenance, sale, or re-letting.
This obligation is not absolute but must be interpreted within reasonable limits. The tenant is expected to cooperate to the extent necessary, while their private life and peaceful enjoyment of the property must also be respected.
Practical Problem: Delays in Legal Proceedings
In practice, tenants sometimes refuse to allow access despite this legal obligation. Landlords then initiate legal proceedings, commonly referred to as “permission lawsuits.”
However, these cases can take a considerable amount of time due to:
Mandatory mediation requirements
Court workload and procedural delays
As a result, landlords often miss potential buyers and suffer economic losses during the litigation period.
2025 Court of Cassation Decision: No Need to Wait for Final Judgment
The Turkish Court of Cassation (Yargıtay 3rd Civil Chamber), with its decision dated 10.03.2025 and numbered 2025/1441, introduced a significant precedent resolving conflicting interpretations among regional courts.
The Court ruled that landlords do not need to wait for the final outcome of the lawsuit. Instead, they may request an injunction (ihtiyati tedbir) during the ongoing proceedings to allow property viewings.
Key Justifications of the Decision
Prevention of Time Loss:Lengthy litigation and mediation processes should not restrict the landlord’s right to dispose of their property.
Economic Protection:Delays in sale or re-letting may lead to irreparable financial harm.
Right to Fair Trial:Facilitating access to property rights aligns with Article 6 of the European Convention on Human Rights.
How Should Property Viewings Be Conducted?
While granting an injunction, courts must balance the interests of both the landlord and the tenant.
According to the Court’s reasoning, the conditions of access should be determined based on fairness and proportionality. Courts will consider:
The tenant’s right to privacy
The nature and location of the property
Current economic conditions
Rather than allowing unrestricted access, courts typically permit viewings:
On specific days and hours
For a reasonable period sufficient to complete the sale
In a controlled and limited manner
Legal Implications for Landlords and Tenants
This decision provides a practical solution for landlords facing uncooperative tenants. By requesting an injunction, landlords can:
Continue the sale process without delay
Avoid loss of potential buyers
Secure their economic interests
At the same time, tenants remain protected against excessive or intrusive access.
Conclusion
Following this landmark decision, landlords in Türkiye are no longer forced to wait for lengthy court proceedings to conclude. Through an injunction request, they can ensure that their property is shown to potential buyers under court-supervised conditions.
Careful legal drafting and timely action are essential in these cases. Professional legal assistance ensures that the injunction request is properly justified and increases the likelihood of a swift and favorable outcome.
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