Compensation for unlawful occupation is compensation claimed from a person who uses immovable property without the consent of the person entitled to it. In short, it is also called compensation for wrongful occupation or compensation for wrongful use; the action by which this compensation is sought from the court is called an action for compensation for unlawful occupation.
The word “ecrimisil” does not appear in the Turkish Civil Code or the Turkish Code of Obligations. In disputes between private persons, the relevant provisions are those on the liability of a possessor who is not in good faith: a possessor who is not in good faith must pay compensation to the person entitled for the damage caused by wrongfully retaining the thing he or she is obliged to return and for the fruits he or she has obtained or negligently failed to obtain (Turkish Civil Code art. 995/1). The word itself appears by name in other statutes: in the Turkish Fees Law governing court fees (art. 16/2) and in the Turkish State Procurement Law concerning the occupation of public immovable property (art. 75).
The compensation covers not only income actually obtained but also income negligently failed to be obtained; that is, the person occupying the property does not escape liability even if he or she left the property vacant.
This article concerns compensation for unlawful occupation between private persons; the separate rules for Treasury and foundation immovable property are addressed in the final heading. The general framework of ownership of immovable property is set out on the Tenancy and Real Estate Law page.
Compensation for unlawful occupation, prevention of interference and recovery: three distinct claims
A person who owns a thing has, within the limits of the legal order, the power to use, benefit from and dispose of that thing as he or she wishes; the owner may bring an action for recovery against anyone who wrongfully possesses the property, and may also seek the prevention of every kind of wrongful interference (Turkish Civil Code art. 683).
| Claim | What it provides | Legal basis |
|---|---|---|
| Recovery | Return of the property | Turkish Civil Code art. 683/2 |
| Prevention of interference | Stopping the wrongful interference | Turkish Civil Code art. 683/2 |
| Compensation for unlawful occupation | Compensation for past use | Turkish Civil Code art. 995 |
The first two restore the property, while the third seeks the value of past use. The law separately addresses the situation where compensation for unlawful occupation is claimed together with an action concerning the property itself: in that case, the fee is charged on the value of the property plus the amount of compensation for unlawful occupation claimed (Turkish Fees Law art. 16/2). More than one claim against the same person may be brought in the same statement of claim if there is a court with common jurisdiction over all of them (Turkish Code of Civil Procedure art. 110). How the fee is determined is explained on the cancellation of the title deed and re-registration claim page.
Possessor in good faith and possessor not in good faith
The law distinguishes between two categories of person in possession of immovable property, and the obligation to pay compensation arises from this distinction.
A possessor in good faith does not pay compensation. A possessor who, in good faith, uses the thing or benefits from it in a manner consistent with the right he or she is presumed to have is not obliged to pay any compensation to the person to whom he or she is obliged to return the thing (Turkish Civil Code art. 993/1). The possessor may claim necessary and useful expenses incurred for the thing and may withhold its return until those expenses are paid. No compensation may be claimed for other expenses; however, if no compensation is offered for those expenses, the possessor may, before returning the thing, remove any additions he or she has made that can be separated without damage. Any fruits obtained are set off against the possessor’s claims arising from expenses (Turkish Civil Code art. 994).
A possessor who is not in good faith pays compensation (Turkish Civil Code art. 995/1). The possessor may claim compensation only for expenses that were also necessary for the person entitled (art. 995/2). The final paragraph of the article imposes a limitation: a possessor who is not in good faith is liable, as long as he or she does not know to whom the thing must be returned, only for damage caused by his or her fault (art. 995/3).
Proof is therefore important. Where the law attaches a legal consequence to good faith, the existence of good faith is presumed; however, a person who has not shown the care expected of him or her in the circumstances cannot rely on good faith (Turkish Civil Code art. 3). In relation to immovable property recorded in the land registry, no one may claim not to know of an entry in the land registry (Turkish Civil Code art. 1020/3). The person seeking compensation must establish that the other party was not in good faith or the date on which that party’s good faith ceased; this question may be decisive before the amount of compensation. A written notification (formal notice) from the person entitled, with a clear date and content, is one way of documenting that moment. Such a notice does not interrupt the limitation period.
Compensation for unlawful occupation among heirs and co-owners
Where a flat or plot of land passes to several persons by inheritance and one of the heirs lives in the property or has let it out while the others receive nothing, the question of compensation for unlawful occupation arises.
First, the type of ownership must be examined. If there is more than one heir, a form of co-ownership arises among them upon the passing of the inheritance until partition; the heirs hold the estate jointly and dispose of the rights forming part of the estate together (Turkish Civil Code art. 640). In elbirliği mülkiyeti (joint ownership without shares), there are no determined shares; the right of each co-owner extends to the whole of the property; unless otherwise provided by law or contract, management and disposal require unanimity (Turkish Civil Code art. 701/2, art. 702/2). An heir may request the judge of the Civil Court of Peace to convert joint ownership into co-ownership in shares (Turkish Civil Code art. 644). Therefore, the first matter to examine is whether the property is recorded in the title deed as joint ownership (iştirak) or as co-ownership in shares (hisseli). The fact of being an heir is shown by a certificate of inheritance obtained from the Civil Court of Peace or from a notary public (Turkish Civil Code art. 598/1; see certificate of inheritance: how to obtain it). The complete rules on the order of succession are on the Inheritance Law page.
If co-ownership in shares has been adopted, each co-owner may use and benefit from the co-owned property to the extent compatible with the rights of the others; in the event of a dispute, the judge determines the manner of use and benefit, which may even take the form of division by time or by place (Turkish Civil Code art. 693). Management expenses, taxes and other obligations are, unless otherwise provided, borne in proportion to shares; a co-owner who pays more may have recourse against the others (Turkish Civil Code art. 694).
The condition of being barred from use. Under the case law of the Court of Cassation, a claim for compensation for unlawful occupation against a person who uses co-owned immovable property alone requires the condition of “being barred from use”: the co-owner who does not use the property must have clearly informed the using co-owner that he or she also wishes to benefit from the property or demands consideration for its use. This condition is not found in the statute; it has been developed by case law. Its practical consequence is that compensation for unlawful occupation may, as a rule, be claimed only for the period after that notification. The date and content of the notification must be provable; a formal notice sent through a notary public provides evidence of them. It is accepted that in some cases, such as where the property has been let out and the rental income has not been shared, this condition is not required; which position applies must be assessed separately in the particular case.
Dissolution of co-ownership is a separate action. Each heir may demand division of the inheritance at any time, unless bound to maintain the co-ownership (Turkish Civil Code art.642/1); in co-ownership in shares, the demand for division is governed by Turkish Civil Code art.698. Compensation for Unlawful Occupation looks to the past, whereas dissolution of co-ownership looks to the future; they may be considered together but are separate actions. An action for Dissolution of Co-ownership is heard by the Civil Court of Peace (Turkish Code of Civil Procedure art.4/1-b) and, for this action, applying to a mediator first is a condition precedent to bringing the action (Turkish Law No.6325 art.18/B/1-b); a Compensation for Unlawful Occupation claim, on the other hand, is as a rule heard by the Civil Court of First Instance (Turkish Code of Civil Procedure art.2). Details are available on the Dissolution of Co-ownership action page.
Can Compensation for Unlawful Occupation be claimed if the tenant does not leave?
Short answer: if the lease relationship has ended, compensation for past use can be claimed; however, whether such a claim qualifies as a dispute “arising from the lease relationship” is debatable. This characterisation determines both the competent court and whether mediation is a condition precedent to bringing the action.
While the lease agreement continues, there is no unlawful possession; the tenant’s obligation is to pay the rent. Once the agreement ends, the tenant is obliged to return the leased premises, and this obligation arises from the contract (Turkish Code of Obligations art.334/1); if the immovable property is not vacated, the unlawful retention may also fall within the scope of Turkish Civil Code art.995.
Lease disputes, including actions for debts arising from the lease relationship, fall within the jurisdiction of the Civil Court of Peace (Turkish Code of Civil Procedure art.4/1-a), and in these disputes applying to a mediator before commencing an action is a condition precedent to bringing the action (Turkish Law No.6325 art.18/B/1-a). In a dispute where mediation is a condition precedent to bringing the action, if it is established that an action was commenced without applying to a mediator, the action is dismissed on procedural grounds without any examination (art.18/A/2). For this reason, applying to a mediator first in relation to a former tenant eliminates this risk; the limitation period also stops running from the application to the mediation bureau until the final report (art.18/A/15).
The procedures for evicting a tenant are covered on separate pages: eviction due to need and Written Undertaking to Vacate.
In which court and where is a Compensation for Unlawful Occupation action commenced?
Subject-matter jurisdiction. In disputes concerning proprietary rights, the competent court is the Civil Court of First Instance unless a contrary provision exists (Turkish Code of Civil Procedure art. 2). Exceptions: if the dispute arises from a lease relationship, the Civil Court of Peace has jurisdiction (Turkish Code of Civil Procedure art. 4/1-a); actions concerning immovable property aimed solely at the protection of possession are also heard by the Civil Court of Peace (Turkish Code of Civil Procedure art. 4/1-c). Where the dispute concerns a building subject to condominium ownership and arises from the application of the Turkish Condominium Ownership Act, any dispute arising from the application of that Act is resolved by the civil courts of peace (Turkish Condominium Ownership Act No. 634, Additional art. 1).
Territorial jurisdiction. In actions concerning a right in rem over immovable property and actions concerning possession of the immovable property, the court of the place where the immovable property is located has exclusive jurisdiction (Turkish Code of Civil Procedure art. 12/1); claims for the return of the property and for the prevention of interference fall within this scope. Where jurisdiction is exclusive, the action cannot be brought elsewhere; the court examines its jurisdiction of its own motion until the end of the proceedings (Turkish Code of Civil Procedure art. 19/1). Where compensation is sought only for past use, it is disputed whether this rule of exclusive jurisdiction applies. In that case, the general rule is the court of the defendant’s domicile (Turkish Code of Civil Procedure art. 6); if the claim is based on tort provisions, the court of the place where the act was committed also has jurisdiction (Turkish Code of Civil Procedure art. 16) and, in the case of unlawful occupation, that place is where the immovable property is located.
Practical consequence: for an immovable property in Alanya, an action for the prevention of interference and Compensation for Unlawful Occupation can be brought together in Alanya even if the occupant lives in another city (Turkish Code of Civil Procedure art. 12/1, art. 110).
How is Compensation for Unlawful Occupation calculated?
The law does not prescribe a method of calculation; the Turkish Civil Code, art. 995, speaks only of losses and of products obtained or not obtained through negligence. In practice, the compensation is determined on the basis of the comparable rent for the period of occupation, according to the nature of the immovable property, or, in the case of agricultural land, on the basis of the income from its produce, by means of an on-site inspection and expert examination carried out during the proceedings.
Where the amount is unknown when the action is brought. The action for an unquantified claim was abolished with effect from 31 July 2026 (Turkish Code of Civil Procedure, art. 107, repealed by Act No. 7589); in actions brought before that date, the former provision continues to apply (Act No. 7589, transitional art. 1/10). In an action brought today, part of the claim may be brought; this does not amount to a waiver of the remaining part unless that part is expressly waived (Turkish Code of Civil Procedure, art. 109/1, art. 109/3). The claim may be increased in the same action only once until the end of the examination phase; with regard to the increased part, the limitation period is deemed to have been interrupted as from the date the action was brought (Turkish Code of Civil Procedure, art. 109/4).
What is the limitation period for compensation for unlawful occupation?
Neither the Turkish Civil Code nor the Turkish Code of Obligations contains a limitation provision specific to compensation for unlawful occupation; two general rules confront each other. Unless the statute provides otherwise, every claim is subject to a ten-year limitation period (Turkish Code of Obligations, art. 146); “rents, interest on principal and other periodic performances such as wages” are subject to a five-year limitation period (Turkish Code of Obligations, art. 147/1).
In practice, compensation for unlawful occupation between private persons is treated as a periodic performance resembling rent and is subject to the five-year limitation period. If the defendant pleads the limitation period, compensation for unlawful occupation cannot be claimed for the period exceeding five years backwards from the date of the action; for the period after the date of the action, in practice a separate action is required. Therefore, postponing the bringing of an action may shorten the period for which a claim can be made.
The judge does not take the limitation period into account of their own motion; the defendant must plead it (Turkish Code of Civil Procedure, art. 161). The grounds interrupting the limitation period are listed in the statute: the debtor’s acknowledgment of the debt, bringing an action, initiation of enforcement proceedings, and the like (Turkish Code of Civil Procedure, art. 154). A formal notice sent through a notary public is not among these grounds.
If the claim is based on the provisions of tort, the two-year and ten-year periods also come into play; if the compensation arises from an act requiring punishment for which the criminal law provides a longer limitation period, that limitation period applies (Turkish Code of Civil Procedure, art. 72/1). Occupying another’s immovable without any right as if one were the owner is also defined as an offence subject to complaint (Turkish Criminal Code, art. 154/1).
Is mediation mandatory for compensation for unlawful occupation?
Regarding immovables, the statute makes resorting to mediation before bringing an action a condition for bringing the action in four groups of disputes: disputes arising from the lease relationship, except for the provisions on eviction of leased immovables through enforcement without a judgment; disputes concerning the partition and dissolution of co-ownership of movable and immovable property; disputes arising from the Turkish Condominium Ownership Act; and disputes arising from neighbour rights (Law No. 6325, art. 18/B/1).
Compensation for unlawful occupation is not listed by name in these four headings. By contrast, a concrete claim may fall under one of these headings according to the relationship from which it arises: for example, if it arises from a terminated lease relationship or from a use dispute in a building subject to condominium ownership. If a settlement is reached in a dispute falling under one of these headings, obtaining an enforceability annotation for the settlement document is mandatory; for documents concerning an immovable, this annotation is obtained from the Civil Court of Peace of the place where the immovable is located (art. 18/B/3).
Compensation for Unlawful Occupation in Treasury and Foundation-Owned Immovables
When immovables in the private ownership of the state or under its control and disposal, immovables of special-budget administrations, and immovables of the General Directorate of Foundations and the consolidated foundations it administers are occupied, the law establishes a separate regime. Compensation for Unlawful Occupation is determined by a commission formed by the administration, retrospectively for no more than five years; the administration need not have suffered a loss, and the occupier need not be at fault. If it is not paid voluntarily, it is collected under the provisions of Turkish Law No.6183; the immovable is also vacated through the civil administrator at the administration’s request (Turkish State Tender Law No.2886 art.75). If the immovable belongs to a public institution not listed in the article, the applicable rule must be examined separately.
Frequently asked questions
Where does the law provide for Compensation for Unlawful Occupation?
The Turkish Civil Code does not use the term; as the legal basis for claims between private persons, Turkish Civil Code art.995 is cited, as it governs the liability of a possessor who is not in good faith. The term appears in Turkish Fees Law art.16 and, in relation to public immovables, in Turkish State Tender Law art.75 (“Compensation for Unlawful Occupation and eviction”).
The occupier kept the immovable vacant and earned no income. Does he still have to pay?
The article refers to “the products he obtained or neglected to obtain” (Turkish Civil Code art.995/1). Thus, it is not required that income was actually obtained.
My sibling lives in the house inherited by us and pays no rent. What can I claim?
There are two separate remedies that do not exclude each other: compensation for past use (Turkish Civil Code art.995) and division of the inheritance (Turkish Civil Code art.642; dissolution of co-ownership action). These are separate actions heard by separate courts. For compensation, a prior explicit notice is required in practice, and Compensation for Unlawful Occupation is generally claimed for the period after that notice; this condition is not laid down in the law.
The person occupying the house says he incurred expenses; are they deducted?
A possessor who is not in good faith may claim reimbursement only for expenses that are also necessary for the rightful owner (Turkish Civil Code art.995/2). The rule for a possessor in good faith is different: he may claim necessary and useful expenses and may withhold return of the thing until they are paid (Turkish Civil Code art.994).
What is the limitation period for Compensation for Unlawful Occupation?
The law does not lay down a period specific to Compensation for Unlawful Occupation: the general rule is ten years (Turkish Code of Obligations art.146), while the period for rent and “other periodical payments such as wages” is five years (Turkish Code of Obligations art.147/1). In practice, Compensation for Unlawful Occupation between private persons is subject to the five-year limitation period; if the defendant invokes the limitation period, no period exceeding five years before the date of the action may be claimed. A notice served by a notary public does not interrupt the limitation period (Turkish Code of Obligations art.154).
Legal basis
Turkish Civil Code No. 4721 — Art. 3 (good faith), Art. 598 (certificate of inheritance), Art. 640 (community of heirs), Art. 642 (right to request partition), Art. 644 (conversion of elbirliği mülkiyeti (joint ownership without shares) into co-ownership in shares), Art. 683 (content of the right of ownership), Art. 693 (benefit, use and protection), Art. 694 (expenses and obligations), Art. 698 (claim for partition), Art. 701 (sources and nature of elbirliği mülkiyeti (joint ownership without shares)), Art. 702 (provisions), Art. 993 (enjoyment by a possessor in good faith), Art. 994 (compensation from a possessor in good faith), Art. 995 (liability of a possessor not acting in good faith), Art. 1020 (public nature of the land registry) — mevzuat.gov.tr
Turkish Code of Obligations No. 6098 — Art. 72 (limitation period for tortious acts), Art. 146 (ten-year limitation period), Art. 147 (five-year limitation period), Art. 154 (interruption of the limitation period), Art. 161 (invoking the limitation period), Art. 334 (return of the leased property) — mevzuat.gov.tr
Turkish Code of Civil Procedure No. 6100 — Art. 2 (subject-matter jurisdiction of the civil courts of first instance), Art. 4 (subject-matter jurisdiction of the civil courts of peace), Art. 6 (court of general jurisdiction), Art. 12 (jurisdiction in actions concerning rights in rem in immovable property), Art. 16 (jurisdiction in actions arising from tortious acts), Art. 19 (raising an objection to jurisdiction), Art. 107 (action for an indeterminate amount; repealed by Law No. 7589), Art. 109 (partial action), Art. 110 (joinder of actions) — mevzuat.gov.tr
Turkish Law No. 7589 amending certain laws to ensure the effective and efficient functioning of the judiciary — Provisional Art. 1 (transitional provisions; action for an indeterminate amount) — mevzuat.gov.tr
Turkish Law No. 6325 on Mediation in Civil Disputes — Art. 18/A (mediation as a condition of admissibility), Art. 18/B (mediation as a condition of admissibility in certain disputes) — mevzuat.gov.tr
Turkish Condominium Ownership Law No. 634 — Additional Art. 1 (court with jurisdiction) — mevzuat.gov.tr
Turkish Law on Fees No. 492 — Art. 16 (value basis) — mevzuat.gov.tr
Turkish State Procurement Law No. 2886 — Art. 75 (Compensation for Unlawful Occupation and eviction) — mevzuat.gov.tr
Turkish Criminal Code No. 5237 — Art. 154 (trespass on another’s land) — mevzuat.gov.tr
Related pages
- Tenancy and Real Estate Law — parent page
- Dissolution of co-ownership action
- Cancellation of the title deed and re-registration action
- Inheritance Law
- How to obtain a certificate of inheritance
- What is a written undertaking to vacate and when is it valid?
This article is for general legal information only and does not constitute a legal opinion. Since the circumstances of each case differ, it is recommended that you seek legal assistance from your attorney at law for your specific situation.