What should I do if the tenant of the home I recently purchased says, 'I paid the rent in advance to the former owner'?

According to the Court of Cassation decision, you must demand the rental amounts corresponding to the period after the sale date not from the tenant, but from the former owner (the seller) who collected this money in advance.

My employment contract specifies an expiration date; can I not receive severance compensation?

If the nature of the work you perform does not require being limited to a specific period (for example, if it is not seasonal work), your contract is deemed to be of indefinite duration, and your compensation rights are protected.

How is service effected on a company that does not have an e-notification address?

If the company does not have an active electronic notification address, it is mandatory to effect service directly via physical means (mail/civil servant); otherwise, the service of process is deemed irregular.

COURT OF CASSATION RULINGS18 August 2026

Attention New Home Buyers: Advance Rent Payments

Official titleDecisions of the 3rd, 7th, and 9th Civil Chambers of the Court of Cassation (Yargıtay)

The Court of Cassation decisions published in the Official Gazette dated August 18, 2026 determine the rent receivable rights of the new property owner, the assessment of unfair terms in savings finance contracts, e-notification procedures in labor law, and the limits of fixed-term employment contracts.

Details of the Regulation

The relevant issue of the Official Gazette contains 'reversal for the benefit of the statute' decisions rendered by the 3rd, 7th, and 9th Civil Chambers of the Court of Cassation. In the first of the prominent decisions, it was ruled that a new owner who purchases an immovable property may demand from the former owner the rental amounts corresponding to the period after the purchase date that were paid in advance by the tenant to the former owner. This decision confirms that all rights and obligations of the lease contract automatically transfer to the new owner upon the transfer of ownership.

In another important decision, the issue of the return of the organization fee in the event of the termination of savings finance contracts was addressed. The Court of Cassation emphasized that such contracts are subject to the special regulations under Law No. 6361 and that the courts cannot disregard these provisions and directly classify them as 'unfair terms'. Furthermore, it was reiterated that e-notifications served on juridical persons in labor law must comply with procedure; otherwise, the right of defense shall be deemed to have been restricted.

Finally, in the decision regarding employment contracts, the well-established jurisprudence was reiterated that the mere inclusion of an expiration date in a contract is not sufficient to render it 'fixed-term', and that unless an objective reason exists, the contract must be deemed to be an 'indefinite-term' contract. All of these decisions are precedent judgments rendered to correct the erroneous practices of the first instance courts within the legal order.

REGAS Commentary

These decisions have highly practical consequences for citizens. For example, a person who purchases a home may legally recover from the former homeowner the rent that the tenant paid to the former homeowner months in advance. For employees, it has become clear that the 'term' limitation in employment contracts is not always valid, and that unless the nature of the work requires it, the provisions of an 'indefinite-term contract' that protect rights such as severance compensation shall apply.

Questions You Might Have

What should I do if the tenant of the home I recently purchased says, 'I paid the rent in advance to the former owner'?: According to the Court of Cassation decision, you must demand the rental amounts corresponding to the period after the sale date not from the tenant, but from the former owner (the seller) who collected this money in advance.
My employment contract specifies an expiration date; can I not receive severance compensation?: If the nature of the work you perform does not require being limited to a specific period (for example, if it is not seasonal work), your contract is deemed to be of indefinite duration, and your compensation rights are protected.
How is service effected on a company that does not have an e-notification address?: If the company does not have an active electronic notification address, it is mandatory to effect service directly via physical means (mail/civil servant); otherwise, the service of process is deemed irregular.

Key Terms

Kanun Yararına Bozma: A reversal decision rendered to preserve the legal order where a finalized decision is determined to be unlawful, provided that its outcome does not affect the parties.
Muhdesat Tespiti: The legal determination of by whom the appurtenances, such as buildings or trees, situated on an immovable property were constructed.
Ecrimisil: Unlawful occupation compensation paid due to the use of an immovable property without the consent of its owner.

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REGAS analyzed all 34 items in the Official Gazette of 18 August 2026; we published only 5 of them here.

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