Foreign Buyer Discovers Unpaid Apartment Dues After Purchase in Turkey: Who Is Responsible? (2026 Updated Guide)

A foreign buyer discovers unpaid apartment or site dues after purchasing property in Turkey. Learn whether the former owner or new buyer is responsible, what the management can claim, and how foreign property owners can challenge old debts.

A foreign buyer may complete a property purchase in Turkey, receive the title deed and later discover that the apartment has substantial unpaid building or residential complex dues. The management may demand old maintenance fees, common expenses, reserve payments, heating expenses or default compensation and may even threaten enforcement proceedings. The central legal question is whether the new owner must pay debts created before the property was purchased or whether responsibility remains with the previous owner. The answer depends on the nature of the debt, the period in which it arose, the applicable condominium rules and the legal basis of the management’s claim.

What Are Apartment Dues in Turkey?

Properties located in apartment buildings, compounds and residential complexes generally incur common expenses relating to the management and maintenance of shared areas. These may include security, cleaning, elevators, landscaping, common electricity, heating systems, swimming pools, technical maintenance, personnel and other building or site expenses.

These payments are commonly referred to as apartment or site dues.

The First Question: When Did the Debt Arise?

When a foreign buyer receives a demand for unpaid dues, the first step is to divide the claimed amount according to periods.

The buyer should identify which amounts became due before acquisition and which became due after the buyer became the owner.

This distinction can fundamentally change the liability analysis.

Is the New Owner Automatically Responsible for the Previous Owner’s Unpaid Dues?

A new owner should not automatically accept every historical debt merely because the management associates the debt with the apartment.

The legal basis, due date and person responsible for the expense must be examined.

Historical liabilities of the former owner and obligations arising during the new owner’s ownership period should be separated carefully.

Does the Debt Automatically Transfer With the Title Deed?

Not every monetary obligation associated with an apartment should be assumed to transfer automatically simply because ownership changes.

The management’s accounting system may continue displaying a balance against the apartment number, but an accounting entry does not by itself determine who is legally responsible.

Obtain a Detailed Account Statement

The buyer should request a written statement showing:

the principal amount;

the period covered by each charge;

the date each payment became due;

default compensation or interest;

extraordinary assessments;

legal and enforcement expenses; and

payments already made.

A single figure described as “old apartment debt” is insufficient for a proper legal assessment.

Review the Date of Title Transfer

The official title-deed acquisition date should be compared with every claimed installment.

This allows pre-acquisition and post-acquisition liabilities to be separated.

What If the Former Owner Concealed the Debt?

If the seller represented that there were no outstanding apartment or site dues and substantial historical liabilities later appear, contractual responsibility may arise.

The sales agreement, written representations, correspondence and any debt-free certificate obtained before closing should be preserved.

Ask What the Seller Disclosed Before the Sale

Foreign buyers often ask the seller or real estate agent whether there are unpaid dues before completing the transaction.

Preserve WhatsApp messages, emails, written statements and other evidence showing what was represented.

A clear statement that “all dues have been paid” may become important in a later claim against the seller.

What If the Real Estate Agent Said There Was No Debt?

Determine whether the agent was communicating information received from the seller or independently making a representation.

The seller’s liability and the agent’s potential responsibility should be analyzed separately according to the facts.

Management Records Should Be Reviewed

Request relevant management records concerning the apartment’s historical account.

The buyer should understand whether the amount arises from ordinary monthly dues, extraordinary expenses, renovation contributions, heating charges or another obligation.

Ordinary Monthly Dues

Monthly common expenses typically correspond to a particular ownership or occupancy period.

If the seller owned the apartment when the relevant payment obligation arose, that fact can be highly significant in determining responsibility.

Extraordinary Site Expenses

A residential complex may approve substantial expenditures for roof replacement, façade work, elevators, structural repairs, security systems or other projects.

For these amounts, determine when the decision was made, when payment became due and the legal basis on which payment is demanded from the new owner.

Review General Assembly Decisions

If the disputed debt comes from an extraordinary assessment, obtain the relevant condominium or site management decision.

Check the amount, payment schedule, purpose and date.

Reserve Fund Payments

Some developments collect funds for anticipated major expenditures. These should also be distinguished from ordinary monthly dues.

The fact that money is called a “reserve fund” does not eliminate the need to determine the legal basis and responsible period.

Default Compensation Can Increase the Debt Significantly

Unpaid common expenses may generate default-related financial consequences.

Therefore, a relatively modest historical principal amount can become substantially larger after prolonged non-payment.

The calculation should be checked rather than accepted automatically.

What If Enforcement Proceedings Have Already Started?

If the management initiates enforcement proceedings against the foreign buyer, the documents should be reviewed immediately.

Enforcement procedures contain strict deadlines, and failure to respond can significantly weaken the debtor’s position.

Do Not Ignore an Enforcement Payment Order

A foreign property owner living abroad may discover proceedings only after receiving an official notification or seeing restrictions connected with the property.

Any payment order should be translated and legally reviewed immediately.

Service of Process Matters

Where the owner is a foreign national or lives outside Turkey, determine how and when the relevant notification was legally served.

The validity and timing of service can affect procedural deadlines.

Can the Apartment Be Subject to Enforcement?

Unpaid condominium-related claims can lead to enforcement measures under the applicable legal framework.

For this reason, even a buyer who believes the claim belongs entirely to the former owner should not simply ignore formal proceedings.

Can the Management Sue the New Owner?

The management may assert a claim against the person it considers legally liable.

The new owner’s defense should identify which amounts are disputed, the acquisition date and why particular historical charges cannot properly be demanded from the buyer.

What If the Buyer Pays to Avoid Enforcement?

Sometimes a buyer may decide commercially to pay a disputed amount to prevent escalating enforcement costs or problems with the property.

Payment does not necessarily answer whether the buyer has a separate recovery claim against the seller. The circumstances and legal basis of any subsequent recourse claim should be examined.

Can the Buyer Recover the Money From the Seller?

Potentially. If the buyer pays an obligation that should contractually or legally have been borne by the seller, a recovery claim may arise depending on the circumstances.

Evidence showing the debt period and seller’s representations will be important.

Review the Property Sale Agreement

The contract may expressly regulate unpaid taxes, utility bills, management dues and other liabilities existing before transfer.

A provision requiring the seller to deliver the property free of outstanding management debts can materially strengthen the buyer’s contractual position.

What If the Contract Says Nothing About Apartment Dues?

The absence of an express provision does not necessarily mean that every historical debt becomes the buyer’s responsibility.

The legal nature and timing of the obligation must still be analyzed.

Was a Debt-Free Letter Obtained?

Before purchasing an apartment, buyers should ideally obtain written information from the building or site management confirming the current account balance.

If such a document was obtained and later proves inaccurate, preserve the original.

Verbal Statements Are Harder to Prove

If the site manager orally said that there was no debt, proving the conversation may be more difficult.

Written confirmation should therefore be requested before future property acquisitions.

What If the Apartment Was Rented Before the Sale?

A tenant may have been occupying the property when some expenses arose.

This can create another layer of responsibility because certain expenses may concern the owner while others may have been allocated contractually to the tenant.

The lease and nature of each charge should be examined.

Tenant Liability Does Not Necessarily Eliminate Owner Exposure

A landlord and tenant may agree between themselves that the tenant will pay certain expenses. However, the internal allocation under the lease and the management’s statutory claim should not automatically be treated as identical questions.

If the owner pays, a separate claim against the tenant may potentially arise.

What If the Seller Lives Abroad?

The seller’s residence outside Turkey does not automatically prevent legal action.

The sale agreement, seller’s assets, jurisdiction provisions, service requirements and enforcement possibilities should be evaluated.

What If the Seller Was a Foreign National?

The same fundamental analysis applies. The important issues are who was responsible for the debt, what the sale agreement provides and what evidence exists.

The nationality of the seller does not by itself transfer the debt to the buyer.

Can the Buyer Challenge Incorrect Management Records?

Yes, where the accounting is inaccurate or includes amounts not legally chargeable to the buyer, the records and underlying management decisions can be challenged through the appropriate legal procedure.

The buyer should first obtain a complete account rather than disputing an unexplained total.

Check Whether Payments Were Credited Correctly

Sometimes the problem is not an unpaid debt but an accounting error.

Ask the former owner for bank receipts and compare them with management records.

Duplicate Charges Should Be Investigated

Check whether the management has charged the same expense twice or carried an already-paid balance forward incorrectly.

This is particularly important where site management has changed.

Management Changes Can Create Accounting Problems

Large residential projects sometimes change management companies. Historical account transfers can create discrepancies.

Request records from both the former and current management where necessary.

Check the Management Plan

The registered management plan can contain important provisions concerning allocation of common expenses.

Foreign buyers should obtain and review the applicable plan, particularly in large residential developments with extensive common facilities.

Large Residential Complexes Require Special Attention

Luxury compounds may have high monthly dues and substantial extraordinary assessments for security, pools, gyms, landscaping, generators, elevators and technical infrastructure.

Historical debt can therefore become financially significant.

Commercial Properties Can Face Similar Problems

The same practical issue can arise when a foreign investor purchases an office, shop or commercial unit within a condominium structure.

Common expenses should be reviewed as part of acquisition due diligence.

Due Diligence Before Purchase Is the Best Protection

Before completing a Turkish property acquisition, the buyer should request:

a current management-account statement;

written confirmation of unpaid dues;

information concerning extraordinary assessments;

recent general assembly decisions;

the management plan; and

details of pending enforcement proceedings involving the unit.

Check Pending Major Projects

Even if there is no current unpaid balance, a major renovation may already have been approved but not yet invoiced.

Ask specifically whether significant extraordinary expenses have been approved.

Include a Seller Warranty in the Contract

Foreign buyers can reduce disputes by requiring the seller to represent that all management dues and common expenses attributable to the period before transfer have been paid.

The agreement can also regulate indemnification if undisclosed liabilities emerge later.

Consider a Closing Adjustment

Where an expense covers a period extending across the title-transfer date, the parties can expressly allocate the amount at closing.

This avoids later disagreement.

Keep Proof of Every Payment After Purchase

Once ownership transfers, the foreign buyer should maintain bank records of all site and apartment dues.

Cash payments without adequate receipts can create future evidentiary problems.

Do Not Pay an Unexplained Historical Balance Immediately

Before paying, request the calculation and identify the legal basis of every item.

At the same time, do not ignore formal enforcement documents while investigating the debt.

Immediate Action Plan for Foreign Buyers

A foreign buyer discovering unpaid apartment dues after purchasing property in Turkey should immediately obtain the management account, identify the title-transfer date, separate pre-purchase and post-purchase charges, obtain relevant management decisions, review the sale agreement, preserve seller and agent representations, check whether enforcement proceedings have begun, verify service of process and determine whether any amount paid can be recovered from the previous owner.

Frequently Asked Questions

Does a foreign buyer automatically inherit all unpaid apartment dues?

No automatic assumption should be made. The nature of the charge, period in which it arose and applicable legal basis must be examined.

What should I ask the building management for?

Request a detailed account showing each charge, due date, principal amount, default-related amount and the period to which it relates.

What if the seller told me there was no debt?

Preserve written messages, contractual representations and other evidence. They may support a claim against the seller if undisclosed historical liabilities emerge.

Can the management start enforcement proceedings?

Potentially, where it considers common expenses unpaid. Formal enforcement documents should never be ignored.

What if I live outside Turkey?

Arrange prompt monitoring of official notifications and property-management communications so that procedural deadlines are not missed.

Can I pay the debt and later claim it from the former owner?

Potentially, depending on the legal responsibility for the amount and the contractual relationship between buyer and seller.

What if some debt relates to the former tenant?

The lease, type of expense and applicable condominium rules should be reviewed to determine the relevant liabilities and possible recourse claims.

Should foreign buyers check apartment dues before purchasing?

Yes. Written management-account confirmation should be part of property due diligence.

What if management refuses to provide a clear breakdown?

The buyer should request the legal and accounting basis of the demand and evaluate appropriate legal remedies if an unsupported amount continues to be claimed.

What is the most important practical rule?

Separate the debt by date and legal basis. A balance appearing against an apartment number does not, by itself, establish that every historical amount must be paid by the person who later purchased the property.

Client-Focused Legal Support for Foreign Property Buyers in Turkey

Disputes over unpaid apartment and residential-complex dues can involve previous-owner liabilities, extraordinary assessments, site management decisions, enforcement proceedings, default compensation and claims against sellers or tenants. Fırat Fesih Kaya Law Office assists foreign buyers and international property investors with due diligence and post-acquisition real estate disputes in Turkey. Lawyer Fırat Fesih Kaya provides legal assistance in reviewing historical management debts, responding to enforcement proceedings, examining property sale agreements, challenging disputed charges and pursuing recovery claims against responsible sellers where appropriate.

Phone:
+90 312 434 22 22

Mobile:
+90 532 769 22 22

Email:
info@firatfesihkaya.av.tr

Address:
Mevlana Boulevard No:221
Yıldırım Tower, Office No:148
06520 Balgat, Çankaya
Ankara, Turkey