1.Tenant’s Responsibility for Dues Debt: Who Pays, Whom Does Management Apply To?

According to Article 20 of Law No. 634 on Condominium Ownership, the obligation to contribute to the common expenses of the main immovable property primarily belongs to the condominium owner. However, according to the first paragraph of Article 22 of the Condominium Ownership Law, those who continuously benefit from one of the independent sections based on a lease agreement or another reason (tenants) are also jointly and severally liable for the expenses and advance debts falling to the condominium owner’s share, and for late payment compensation.  Pursuant to Article 18/2 of the Condominium Ownership Law No. 634 (KMK), the provisions regarding the debts of condominium owners also apply to tenants in independent sections and to those who continuously benefit from these sections in any way. Even if there is a provision in the lease agreement stating that dues will be paid by the tenant, the legal process that the apartment management/condominium owners can follow against a tenant who does not pay dues is shaped within the framework of the Condominium Ownership Law and relevant judicial decisions.

If it has been agreed in the lease agreement that the dues will be paid by the tenant, this provision is valid between the tenant and the lessor (condominium owner). This means that the apartment management can apply to both the condominium owner and the tenant for the collection of dues. The provision in the lease agreement is for the tenant to assume this debt towards the lessor (owner); this does not relieve their responsibility towards the management (limited to the amount of rent).

2. Determination of Dues Debt:

Common expenses and maintenance fees are determined by decisions of the board of condominium owners or by the management plan. Decisions of the board of condominium owners are binding for all condominium owners unless they are annulled. These decisions also affect the tenant. The apartment management/condominium owners may issue a warning to the tenant or give a verbal caution before resorting to legal action for unpaid maintenance fees. However, a warning is not mandatory for default.

3. Legal Process the Management Can Follow

The apartment management/condominium owners can directly resort to legal action against a tenant who fails to pay maintenance fees. The management can initiate direct enforcement proceedings against the condominium owner or the tenant, or both, for the tenant’s maintenance fee debt.

Enforcement Proceedings: The management initiates non-judgmental enforcement proceedings against the tenant for the collection of unpaid maintenance fees.  There is no obligation to send a separate warning letter to the tenant before initiating enforcement proceedings for maintenance fee receivables.

Action for Annulment of Objection: If the tenant objects to the enforcement proceedings, the proceedings stop. The management can file an action for the annulment of the objection against the tenant to ensure the continuation of the proceedings. Finalized management plans or decisions of the board of condominium owners regarding operating expenses are considered among the documents specified in Article 68, paragraph 1 of the Enforcement and Bankruptcy Law. This means that non-judgmental enforcement proceedings can generally be initiated for the collection of maintenance fee receivables, and even if the debtor objects, these documents can be used to lift the objection. A decision of the board of condominium owners is valid unless annulled by a court, and its validity cannot be disputed by the enforcement court.

Late Payment Interest/Compensation: Late payment interest or compensation may be demanded for unpaid maintenance receivables. It can be considered that late payment compensation will start from the date of notification of the operating plan, or failing that, from the date the debt was learned.

Evidence: The management can rely on documents such as the management plan, operating plan, decisions of the board of apartment owners, commercial ledgers, and records to prove its claim. General assembly decisions are binding for everyone, including tenants.

4.Status of the Lessor (Apartment Owner)

Even if the lease agreement states that the maintenance fees belong to the tenant, the apartment owner is primarily responsible to the management for the fees, as per Article 20 of the Condominium Law. Therefore, if the management wishes, it can initiate enforcement proceedings solely against the apartment owner.

If the apartment owner pays the maintenance fee, which the tenant is supposed to pay according to the lease agreement, to the management himself, he can recourse to the tenant for the amount he paid. However, for the lessor to demand this maintenance debt from the tenant, they must first prove that they paid this maintenance debt to the management. The lessor cannot demand collection from the tenant without first paying the maintenance debt to the management.

5. Eviction Request : (Is it possible to Evict the Tenant Due to Maintenance Debt?)

According to Article 315 of the Turkish Code of Obligations (TBK), the non-payment of ancillary expenses is stipulated as a ground for eviction due to default. If condominium fees are agreed upon as ancillary expenses in the lease agreement and are not paid by the tenant, the lessor (flat owner), after fulfilling the condition of payment to the management, can request eviction against the tenant due to default. However, if the lessor does not make the condominium fee payment to the management, he **cannot demand eviction based on the *notice of default sent* due to the tenant’s non-payment of condominium fees.**

6. Items That Can Be Claimed

The principal amount of the unpaid condominium fee, delay compensation/interest at the rate specified in the flat owners’ board resolution, and, if the tenant’s objection is found to be unjustified, enforcement denial compensation at statutory rates (generally not less than 20%) are among the items that can be claimed.

7. Payment of Unpaid Condominium Fees by the Owner and Right of Recourse

If the apartment management collects the condominium fee from the flat owner, the flat owner can claim the amount of the condominium fee he paid from the tenant by way of recourse (for reimbursement), based on the provision in the lease agreement or in accordance with Article 22 of the Condominium Law (KMK). This claim can be made through enforcement proceedings or by filing a lawsuit.

For the flat owner to be able to seek recourse from the tenant, he must have paid the aforementioned condominium fee debt to the apartment management himself and is obliged to prove this. Recourse cannot be sought from the tenant without making a payment to the management.

In summary, even if the lease agreement states that the dues belong to the tenant, according to the provisions of the Condominium Law, the management can primarily demand the dues from the condominium owner or directly from the tenant. The most common method resorted to by the management is to initiate an enforcement proceeding without judgment against the tenant and to file a lawsuit for the annulment of objection if an objection arises. If the condominium owner has paid the dues on behalf of the management, to claim the paid amount back from the tenant by recoursehas the right.

Note: Legal processes regarding dues debts contain technical details under both the Condominium Law and the Code of Obligations, and each concrete case should be evaluated individually to prevent the parties from suffering a loss of rights. Especially in resolving disputes that may arise in the tenant-landlord-management triangle, it is important to seek support from an expert knowledgeable in the legislation. The frequent occurrence of such disputes among lawyers in Istanbul Tuzla and its vicinity makes professional guidance on the matter even more important.

keywords : responsibility for dues debt, tenant’s responsibility for dues, condominium owner’s dues payment, what happens if the tenant does not pay dues, who pays apartment dues, dues debt enforcement proceeding, dues enforcement proceeding against tenant, right of recourse for dues debt, Condominium Law dues, Turkish Code of Obligations (TBK) Article 315 eviction, tenant eviction dues debt, Istanbul Tuzla dues law, apartment management enforcement proceeding, dues late payment compensation, lease agreement dues provision