A question on Turkish estate management

I was told that the Turkish estate management law (Law 634) applies to estates when two thirds of the independent dwellings in the estate become actively occupied (Clause 17). What exactly actively occupied mean ? Does it mean, the owners have furnished the dwellings, although they might not be living in them permanently ? Or does it mean, the dwellings are continuously occupied by the owners ? What if the estate is used by the foreign owners say only for 3-4 months in a year for their holidays ? Do the owners still benefit from the Law 34 powers in this situation ? Thanks for your help.

Even the owners have furnished the dwellings, although they might not be living in them permanently this situation is enough to applying clouse 17 and if the foreign owners used the estate only for 3-4 months in a year for their holidays its olso enough benefit from the Law 34 powers

Hi I have recently got a mortgage in turkey for an appartment but because of a financial difficulty find myself unable to pay the monthly repayments can you advise if the bank sells my property will i be internationally black listed

We live on a sitesi and have been to see a solicitor, who in turn sent a warning letter to our ENGLISH Baskan asking for all the facilities that our aidat is supposed to cover to commence. Watering of the gardens, employ a gardener, open the swimming pool etc etc. We found out he didnt do any of these things, so we asked for proof of incoming and outgoing expenditure, to see where the money was being spent. almost 12 months have passed and still he has not supplied us with financial proof where the money is going. So the solicitor has recommend we stop paying our aidat until these facilities are operational again. As of today 3rd May 2010 we still have none of the above, in order for our gardens to look nice we are doing our own and have been tidying the gardens around our house as they were becoming overgrown and untidy. What do we do now.
this situation has forced us to sell our property and the whole situation has really been upsetting to both ny wife and I. The baskan and some english people come over for their holiday and work on the site doing maintenance and the gardening, but we are supposed to have a gardenere to do that, if they are doing the gardeners work (which I think that means they are working illegally) why should we pay our aidat..... WE REALLY NEED SOME LEGAL ADVICE AND HELP, WE DONT KNOW WHERE TO TURN. Now we have sold our house the baskan has said he is going to stop the sale of the house until we pay our arrears of aidat, can he do this??????? HELP

No he cannot prevent you sell your house because of unpaid "aidat"(apartment fees)

We are Norwegian citizen and owners of an apartment in Alanya. This apartment has been rented to a man through an intermediary (insaat) for 2 years. When the contract had expired with the intermediary and us that originally was to March 2010, as the intermediary renewed lease contact with the tenant without our consent for one year further.
So my question: how can we cancel this contract and evict the tenant?

As I have been informed, the laws of Turkey protects leietakre and it is not easy to cancel a contract and take back the apartment. Any suggestions?

Appreciate a full response! Thank you in advance!

Your information regarding the Turkish Law specifically regulating rent(lease) contracts seems true.The Act on the Leasing of Real Estates, numbered 6570 lays down the applicable rules along with the Turkish Code of Obligatios. First of all , the termination of lease regarding real estates in Turkish Law requires a "valid cause", which have been enumerated in a limited manner, such as non-payment of rental, breach of lease, requirement of the landlord or his dependants to rent the house for their own needs, essential re-construction or repair of the house, a written commitment on a fixed date for evacuation or acquisition of the house by a third party who has a real requirement to rent the house for his own needs.

If you believe having one of these causes in your case, then a notice to quit the property should be given to the tenant.İf the tenant does not comply with the notice and keeps residing, then you must file a suit for release.

Keep in mind that, no ground or cause for termination of the lease is required for the real estates in rural areas which stay outside the municipal boundaires (such as rural ares or villages), but the expiry date (and a due notice for not renewal) of the lease period is considered adequate for evictment.