18.08.2026 18:11
The Court of Cassation 3rd Civil Chamber found the court decision unlawful, which ruled that the rent for the period after the sale date of a house whose rent was paid in advance should not be given to the new owner, and overturned it in the interest of the law.
The 3rd Civil Chamber of the Court of Cassation found the court decision not to give the rent for the period after the sale date to the new owner of the house, following the sale of a house whose rent was paid in advance, to be contrary to law and reversed it in the interest of law.
LAWSUIT FILED AFTER RENT WENT TO THE OLD OWNER
According to the decision published in the Official Gazette, Y.Ö, living in Ankara, purchased the house registered in the name of B.K on December 18, 2023. Y.Ö demanded the rent valid as of December 15 from the tenant in the house he purchased. When the tenant stated that he had paid the rent to the previous owner of the house, B.K, Y.Ö demanded the amount from B.K, but his request was rejected. The new owner of the house, Y.Ö, filed a lawsuit against B.K.
MINISTRY STEPPED IN, DECISION RETURNED FROM THE COURT OF CASSATION
Ankara 14th Civil Court of First Instance, which conducted the trial, decided to dismiss the case on the grounds that the right to collect the rent was with B.K at the time of the sale of the house.
The Ministry of Justice found the local court decision contrary to law and requested a reversal in the interest of law.
The 3rd Civil Chamber of the Court of Cassation, which conducted the appeal review, reversed the local court decision without affecting the outcome.
FROM THE RATIONALE OF THE DECISION
In the Chamber's decision, it was reminded that the tenant paid the monthly rent for the period of December 15, 2023 to January 14, 2024 to B.K, and that Y.Ö purchased the house on December 18.
In the decision, which pointed out that Y.Ö became a party to the lease agreement as of December 18 under Law No. 6098 (Turkish Code of Obligations), it was stated: "The plaintiff, who purchased the leased property on December 18, has the authority to collect the rent as of this date, and the defendant landlord, who collected the rent in advance, is obliged to return the rent corresponding to the period after the sale date to the plaintiff."