Introduction

This study analyzes the question of who will bear the costs of landscaping and maintenance work carried out in the garden, a common area of a site or apartment building, in light of various judicial decisions presented. The decisions examined indicate that there is no single answer to the issue; many factors are influential in determining responsibility, such as the nature of the expenditure (is it renovation/improvement, or routine maintenance?), the provisions of the Condominium Law (KMK), the site management plan, resolutions of the board of unit owners, and the lease agreement between the parties. This study aims to provide a holistic answer to the problem by bringing together these factors and the courts’ approaches.

A. Who is Responsible for the Costs of New Landscaping?

Making a new landscape arrangement is considered as “useful innovation and addition” or “substantial repair” because it improves the existing situation, adds value to the property, and is a permanent change. Court decisions clearly assign the responsibility for such expenses to the condominium owner.

Legal Basis: Such expenses are considered within the scope of “related to the property itself” (Supreme Court-18th Civil Chamber-2014/19385) and “improving modifications” (Supreme Court-20th Civil Chamber-2017/2405). Pursuant to Article 19 of the Condominium Law, “condominium owners are obliged to meticulously maintain the main immovable property and preserve its architectural state, beauty, and soundness.” A new landscape arrangement is part of this “preservation and enhancement of beauty” obligation, and its cost belongs to the condominium owners. The tenant cannot be expected to bear such an investment cost.

B. Who is Responsible for the Maintenance Costs of the Existing Landscape Arrangement?

Routine maintenance costs of the existing landscape, such as irrigation, gardener’s fee, and pruning, are categorized as “operating expenses of common facilities” or “expenses related to management”. Responsibility in this regard is multi-layered:

Primary Responsible Party: Legally, the primary responsible party for these expenses is also the condominium owner. The site management primarily requests the determined fee for these expenses from the condominium owner. Indeed, a decision explicitly stated that “gardener expenses” are also the responsibility of the condominium owners (Supreme Court-18th Civil Chamber-2014/20920-2015/9872).

Tenant’s Status: The tenant can be held jointly and severally liable with the condominium owner for the management fees arising from these routine expenses. However, this liability is generally limited to the monthly rent they pay. The tenant has the right to deduct the payment made to the management from their rent debt. If it is stipulated in the lease agreement that common expenses (management fees) will be paid by the tenant, the tenant becomes obligated to pay this amount directly to the management or the landlord.

Importance of Distinction: A Supreme Court decision stated, in these words, that the court needed to clarify this distinction: “…it was deemed incorrect that a judgment was not rendered after investigating whether the basis of the debt was management fees, whether it covered maintenance, repair, or renovation costs related to common areas, and whether the said costs were permanent expenses pertaining to the independent unit or solely related to management fees.” (Supreme Court-20th Civil Chamber-2017/2405-2018/2562).

Conclusion

In summary, according to the judicial decisions reviewed, the responsibility for landscape expenses can be summarized as follows:

New Landscape Arrangement: Since these expenses are in the nature of a permanent and substantial renovation that increases the value of the main structure, the flat owner is definitely responsible. This amount cannot be demanded from the tenant.

Maintenance of Existing Landscape: These expenses are considered within the scope of routine operating expenses (dues). Legally, the primary responsible party is the flat owner. However, the tenant may be held jointly and severally liable with the flat owner for the dues arising from these expenses. The tenant’s liability is generally limited to the monthly rent and they may deduct the payment made from their rent. The lease agreement between the tenant and the flat owner is the most important document clarifying who will pay these routine expenses, aiming to provide a holistic answer to the problem.

Differentiation of Responsibility According to the Nature of the Expense: Decisions make an important distinction between permanent and value-increasing expenditures such as “new landscape arrangement” and routine operating expenses such as “maintenance of existing landscape.”

Tenant’s Limited and Joint and Several Liability (Condominium Law Article 22): Article 22 of the Condominium Law stipulates that tenants may also be responsible for common expenses under certain conditions. Decisions state that the tenant’s liability is “joint and several,” meaning the management can demand the debt from both the flat owner and the tenant. However, this liability is not unlimited:

The tenant’s responsibility is generally “limited to the amount of rent they are obligated to pay, and the payment made is deducted from the rent debt.” (Court of Cassation-20th Civil Chamber-2017/4243-2018/213). This responsibility generally applies to routine operating expenses covered under “common area maintenance fees” and does not include major renovation and refurbishment costs related to the property itself.

Role of the Lease Agreement and Management Plan: The lease agreement between the parties regulates the internal relationship between the tenant and the flat owner. If the agreement states that landscaping expenses are to be paid by the tenant, the owner can demand this amount from the tenant. However, this situation “is merely an internal relationship between the landlord and the tenant” (Court of Cassation-18th Civil Chamber-2015/794-2015/14163) and does not eliminate the flat owner’s primary responsibility towards the site management. Similarly, the site management plan may also contain special provisions regarding the sharing of expenses and is binding on all flat owners.

Ultimately, in the event of a dispute, a decision will be made by evaluating the nature of the expense, the provisions of the Condominium Law, the management plan, and the lease agreement as a whole.

Why is Tuzla Lawyer Support Necessary?

In landscape expense disputes with site or apartment management, the nature of the expense, the Condominium Law, the management plan, and the lease agreement are evaluated together to reach a conclusion. However, this evaluation is a technical process requiring legal knowledge and experience. For this reason, it is important for both apartment owners and tenants to consult a real estate law expert to avoid loss of rights.

For those seeking a Tuzla lawyer, managing the process correctly from the start with the support of a lawyer proficient in the Condominium Law is critically important to prevent future litigation and enforcement problems. Similarly, support from an Aydınlı lawyer, Orhanlı Lawyer, Tepeören Lawyer, Pendik lawyer, Kartal lawyer, Maltepe lawyer, and Gebze lawyer can also offer an effective solution in regional disputes.

In complex questions such as whether landscape expenses belong to the tenant or the landlord; seeking support from a lawyer specializing in areas such as Tuzla apartment owner lawyer, Tuzla lease dispute lawyer, Tuzla site management lawyer is the healthiest way to find a solution without resorting to litigation.

Remember, a wrongly interpreted expense item can lead to lengthy legal disputes. Therefore, it is strongly recommended that you consult a lawyer specializing in real estate and condominium law in Tuzla and its surrounding areas.