What is ecrimisil in Turkey?

What is ecrimisil?

The right to compensation resulting from the use of a property without the owner's permission is called “ecrimisil”. In order to file a lawsuit against the tenant, the property owner must not allow the use of the property, that is, there must be an unfair occupation. In addition, the case of the defendant's malicious intent is being sought. In the Ecrimisil case, it is not considered whether the property was damaged or not.

The amount of income that can be obtained from the property before the unfair occupation is calculated and compensated.In order for the use to be considered an unfair occupation and to open an ecrimisil case, there must be some conditions.

Continuing to use the property without renewing the lease, carrying out unauthorized construction work and occupying a rented building for public service use are among the conditions of ecrimisil despite the expiration of the lease.In order to file a lawsuit against ecrimisil, a warning is first given to the person who occupied the property. With the warning letter, he learns that the use of the drug has not been approved and a lawsuit will be filed for ecrimisil. The lawsuit is filed in the Civil Court of First Instance where the property is located.The valuation price is determined by the expert, taking into account the condition of the division of the property, its location and the monthly rental price.

Ecrimisil may be ordered retroactively for a period of five years. Damages incurred on the date of commencement of the lawsuit are compensated, but financial losses that may arise after the start of the lawsuit cannot be claimed.