Ecrimisil is a claim for compensation of unjust enrichment arising from the unauthorized use of a property (land, building, real estate, etc.) without the consent of its rightful owner. In simple terms, it is the rental value that must be paid by someone who uses another person's property without permission, as if they had lawfully rented it.

To put it more plainly, the owner demands unpaid rent as if the property had been made available for use. The amount of ecrimisil is determined by court-appointed experts, based on the market rental value of a comparable property.

Relevant Legal Provisions:

Turkish Civil Code No. 4721, Article 995:

"A possessor who is not acting in good faith and who wrongfully withholds an item they are obligated to return must compensate the rightful owner for the resulting damages and for any benefits obtained or neglected to be obtained.

Such a possessor may only request reimbursement for expenses that were also necessary for the rightful owner.

Until the bad-faith possessor knows to whom they must return the item, they are liable only for damages caused by their own fault."

Plaintiff:
The person whose right to use the immovable property has been violated. This may include:

• Owner: The individual or legal entity registered in the land registry as the owner.

• Holder of actual control: A person who, although not the registered owner, uses the property lawfully (such as a long-term tenant or usufruct holder) and whose right of use has been violated.

Defendant:
In an ecrimisil case, the defendant is the party who unlawfully uses the property. This includes:

• Unauthorized user: Any real or legal person using the property without the consent of the owner or the rightful possessor.

• Person with a prior legal/actual relationship: For example, a former tenant or usufructuary who continues to occupy the property despite their term having expired.

Competent Court:
According to Article 2 of the Code of Civil Procedure, the Civil Court of First Instance (Asliye Hukuk Mahkemesi) is the court of competent jurisdiction.

Authorized Court:
Primarily, the court located in the defendant’s residence at the time the lawsuit is filed is authorized. However, the court where the property is located—that is, where the unlawful occupation occurred—is also considered authorized.

Procedural Aspects

Given the definitions above, it is undisputed that the written trial procedure shall apply in ecrimisil cases.

1. Statute of Limitations:
   Ecrimisil can be claimed retroactively for a period of five years from the date of the lawsuit. However, this time limit is a defense (not applied automatically). Therefore, it must be specifically raised by the defendant. If the defendant does not assert the statute of limitations, ecrimisil may be awarded for a period exceeding five years.

2. Condition of Prohibition of Use (İntifadan Men):
   A co-owner using jointly owned property cannot be sued for ecrimisil by other co-owners unless they have first been prohibited from such use. In other words, one co-owner must formally restrict the other from using the property before any compensation for unjust occupation can be demanded. Without this prior prohibition, the right to claim ecrimisil does not arise.

The court is obliged to consider whether the condition of “prohibition of use” has been met, even if not raised by the parties.

A notice (ihtarname) can be sent through a notary to establish this prohibition. The notice must explicitly state that the right of use is being revoked.

Av. Batu Atabek