Non Payer

[Colin White]

Hi all.
This may have been covered before; if so could someone direct me to the correct place please?
We are a small complex in Calis - 12 apartments and are having problems getting the maintainance and communal electric payments from one of the apartment owners. The apartment has been let out for four years to a Turkish man, who rightly says that these payments are not down to him as he pays his rent to the owner (through his Turkish agent). One of the owners, who lives on site, has been trying for nearly five months to get this money for us, and is now at his wits ends. He does not need the aggravation in his retirement! The owner lives in England and rarely answers any phone calls or texts. He is not on email so we cannot contact him ourselves. We do not have a committee, as everything has been running smoothly for years, so it looks like we have no recourse in Turkish law. Any help with this would be much appreciated by all of us.
Thanks in advance for any information.
A very happy Christmas and happy and prosperous New Year to all members.
Regards, Colin

[LeeGlo]

Sorry to hear of your problems. As to the Turkish man who rents, it depends on his contract who pays the maintenence fees. We had problems where we lived before, Turkish owned but rented to Turks, the owner said it was up to his tenants to pay, the tenants didn't want to pay.

Maybe the Turkish tenant could arrange with his owner to reduce his rent by the maintence cost and pay it direct to you.

We now rent from British owners, we pay the rent in the UK, plus electric, water and maintenence fees in Turkey.

[Colin White]

Thanks for that. We have tried this, but the Turkish man does not want to get involved.

[GordonA]

Instruct the gardener to look after all areas except the one outside said apartment, remove light bulbs from said area,     but, seriously, I should imagine that, to use the vernacular, you are stuffed, my friend. After all, it is his country, & HE will definitely get the support from any court, NOT a foreigner!!
Good luck anyway.  

[karaokemark]

Colin the owner is responsible for the rent if you set a Committee up, you can claim the last 5 years money off the owner, it's a lot of work and initial expense, but the law is clear once it is set up and the Turkish court will make him pay or  send the baliffs, contact Liz101 she is well versed on Condominium law, she will advise you
Mark

[Liz 101]

As Karaokemark has already said, unless you have a legally recognised committee, there's no recourse in the Turkish courts, but it is ultimately the owner's responsibility to pay maintenance & not the tenant.

[Colin White]

Thanks for your advice. I am going to direct other members of our complex to this topic so they can all see your replies.