Help,no Tapu and possible sitting tenant 😭

@Allison Tyler what you mean, please explain clearly.

You buyed a house and your agent has topu?

Lease expired of what?

Have some patience to explain it well, and what help you need

@Allison Tyler

Well have you signed something with the notary before giving the money ? If so, you are in safe land . If you have already given money without even agreeing about everything with the notary , it's big problem .

@Allison Tyler Could you explain the situation a bit more clearer? I don't get the bit where he has the Tapu and also he leased the house without you knowing.?

Hi Allison I will see if I can get someone to help will inbox you.

@ednanasif thankyou very much

@ameliçöz

I went with the agent to the notary office and remember having to show all my i.  d. , then i had to open a bank account, the apartment was still being built, i paid a deposit in Turkey then wen i returned to uk i paid balance, he sent me a photo of red tapu on watsap ( which i now havnt got because I lost the phone) i couldn't move over at the time so he suggested renting it out which he did, two different people lived in it for a short time, every time he drew up a lease, then about a year ago he rented it to an older couple who are still there now, apparently there was a lease, he had been collecting the rent for me and he only gave me a small part of it wen i last went over so i asked him if the tenants could pay me ( to make it easier as he didn't know dates or anything)  They began paying me a low rent by the way and i called him 2 days ago because i had said i wanted the apartment back in March, then he said, the lease ran out in November!!! ( strangely the month they started to pay me) he said don't worry i have a letter from him agreeing to move out!! I was horrified!!! He is now not answering the phone to me.

@Abdul Hafiz Adam he has the tapu in his office, so he said, he runs an estate agent but, i found out he was an alcoholic, got clean but hes relapsed so usually now by 12 pm hes drank a bottle of vodka, so hes gonna be difficult to deal with!!!  Ive written more in answering someone else, underneath... Am i able to get a copy of the tapu? Do you know?

@najmssaquib

Ive tried to explain a bit more underneath, can you see?

@Abdul Hafiz Adam

He has the tapu because i had to go back to the uk and couldn't wait while they processed it, as it took a few weeks !! He said it is in his office

@Abdul Hafiz Adam

I knew he was renting it out, i had agreed to do that, but he was keeping the money, and was supposed to settle up with me wen i went over last July, he only gave me a bit of the money and said he would pay rest later as we didn't know exactly how much it was, thats wen we agreed for the tenant to pay me instead, but that was the same month that the lease apparently ended!!

@Allison Tyler Hi Allison, it seems like RE agent is behaving unlawfully, my recommendation is to find and hire RE attorney in Turkey (turkish) to deal with a Realtor, he is risking his license with such behavior, it may resolve very fast if attorney gets involved. What city is this? If you like ping me in direct.

Sounds like you need to immedaility fly to Turkey, and hunt down this real estate agent to get your topu,and all of your other documents for your apartment.

@Allison Tyler what kind of aggrement you sign with real estate? Why you left tapu there they dont need your tapu to rent house another person? Is this person work global real estate or individual company? If you are in England go to embassy ask them what to do? Who could help you in Turkey for nothing

first of all, you better issue a letter of dismissal asap, maybe thru consulate at yr side. if you had already given him to collect money on behalf of you, there is no crime. find an attorney.

on the otjer hand, yes, if there is a regular rental contract with one year due started on november, it will end up on november too, you cant tell yr tenant "leave" whenever you want. actually, it renews itself, you can never tell yr tenant "leave", you have to sue and prove that you need there which will last years to finalise.

btw, deed itself not very important, you maight have lost it, they will reprepare it.

https://webtapu.tkgm.gov.tr/

@lldd11 He amy not even have any license whatsoever...

@avvuralgokhan

He has a real estate shop in Fetiya and he has had it for some years now, i think its legit, i don't know why hes being like this, maybe he sees me as a soft touch!!

I think i can hopefully get a replacement tapu , or just go to turkey and demand it, maybe call the police, but im more worried about the tenants not wanting to go because I've read they can stay for 10 years, is this true? If it is im in trouble, i could be dead by then and will never live there myself

@lldd11 its in Fethiye, im worried i won't be able to get tenants out, !!!

@ceyhunerguven thanks for that advice!!!

I think its his own company, or part owned not 100 percent sure, but the tenants are a problem as i wanted to go and live there

@lldd11

Fethiye, i don't know how to ping?

@Borraro

Yes i thought i could hopefully get a replacement, i can't believe tenants can just stay as long as they like and not be told to leave, they could be there for 10 years now, that is so wrong, i don't have another home, i rent in uk and was hoping to go to live in Turkey

@Randomguy2000

Yes i was thinking that but need to get ducks in a row first

I think i can get another tapu but the tenants are a problem

First of all, it would be best if you got a solicitor to represent you seeing as you're not in the country. The situation is a bit complicated, especially with a tenant. If you need the property you'll have to inform, by writing, the tenants at least 3 months prior to the ending of the contract. If you don't and the tenant doesn't leave either, the contract automatically renews for a year.

But if it's a case whereby you or a relative really need the property but it's less than 3 months till the contract ends, your reason will have to be deemed acceptable and genuine. In most cases, you'll have to file an eviction lawsuit (tahliye davası). If your case is deemed genuine there's a time allocated for the tenant to move out. They'll have to find a place first etc. Mind you, the "tahliye davası" could take somewhere between 3 months to 1 year for the results.

As you can see, your situation is a bit murky. Definitely get yourself a solicitor.

@Allison Tyler Better to investigate before and not after, if you are rich enough to afford own property it really some attention. Tapu of course is basic and important, but so are other items (being able to settle is one of them), why did you not strong with your agent (even if a drunk) and insist on basic items (like no this or that and yes this or that). Buying off plan is really the last thing I would do.

Just buy (not in cash) a property with all the things attached (inclusive (you could even make that a requirement residency permit).

Life is flexible but one has to be careful.

Apologies to say your problems are part of your doing.

We had some smaller surprises (but not killing) when buying our property (luckily over a year ago), but the surprises were not killing, minor I would say.

You seem not te be worried about bureaucracy and changing environment.

-Ikamet

-Health Insurance

-Taxes (please do not underestimate!)

-...

@Randomguy2000 Tapu(Title deed) doesn't magically shift to somebody else just because somebody else has the key to the apartment, there are registration books that keep track of every intricate detail about the property but it happens if you neglect to protect your property for long enough time.

The title deed can even be registered to someone else particularly for that reason.

It is a personal responsibility as an individual to do your due diligence and try and find the most reliable service.

In this instance, forcefully evacuating tenants will probably take months and at best weeks. This is like spain opening up to other countries in 70's or 80's and lots of people were interested to have a piece from the cake as it was an oppurtunity, however legal environment in the country differed from those who come there. And lots of people just lost their money on that seemingly pleasing prospects. And nobody cared for those who lost what they have earned with their sweat and tears.

I repeat It is a personal responsibility as an individual to do your due diligence and try and find the most reliable service.

@Allison Tyler

Hi, as far as I know, if the tapu is on your name you are the legal owner and that person is only allowed to do any thing legal when you sign a notarized petition together with the person who you give the right to rent/sell/buy your property. If there's no such a petition between you and this person, you can sue or take them to authorities. Briefly, if you didn't notarized that person to control your property, any tenant has to sign the lease with the legal owner of the property, which is you.

I think you had better take your original tapu in your hands first, then do not trust anyone and do not sign any permissive document even though it's notarized. People cheat or fraud easily.

(I'm not an attorney, however I own an apartment that's why I know some legal stuff)

Last note, if as the landlord you are going to move into your property, regulations indicate that tenants have to empty the place despite the lease date. In this case authorities check whether you really move into there or you're playing in order to kick the tenant out.

@eblanguageacademy well thanku very much for such an informative reply!! Ive learnt alot here, i cant believe the length people go to, to rip you off, its disgraceful, there should be high penalties for this!! My agent has been trying to gain p. o. a. Over the apartment but i said NO fortunately!! I have been in touch with a couple 5lawyers and they also require this, but im very reluctant now, im actually wondering how much of this i could sort out by myself, plus i can't really afford one!!! Do you think i could sort it without paying a solicitor? The notary office said i could give tenants a 30 day eviction notice then get baliffs involved if need be!! IIm not sure how i would do that, but of course i need my tapu first or a copy which I can get from the notary!!

@ceyhunerguven thanku for info

@cdw057 ive never purchased a property before either in Turkey or the uk, i supposr i have been rather naive and too trusting, actually a bit stupid really, im actually quite embarrassed about the whole situation, i really did think the agent was looking after my interests  but he seems to have been just trying to improve his own!!! Plus i was put onto this guy by someone i know and im aware that other English people have purchased through him with no problem!!!

@cdw057 by the way im not actually rich atal, ive never had money before, ive worked but never earned enough to own my own property anywhere, i inherited some money and thats how i purchased, but this is probably part of the problem!!!

No need to panic, you can get a copy of your tapu at the Land Registry and Cadastre.

As for evicting the tenant, if you plan to move in yourself, there's no problem. You just notify the tenant that you will be moving in and they need to move out. Not sure how much notice you need to give though.

You need to hire a lawyer to sort this for you. If you are unable to come back to Turkey right away, give power of attorney to your lawyer then he/she has permission to carryout everything for you.

So, all hope is not lost. Get a real estate lawyer.

@conniewhelan thanku for the information!!

@conniewhelan thanku for the info, im in the process of firstly contacting the notary in Fethiye and im worried about being stung by lawyers so im gonna do what i can myself and go from there, but i might have to contact one for help!!