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Ecrimisil (Unfair Occupation Compensation) Case: Conditions, Calculation and Limitation TMK art. Malicious Possession, Extortion Between Stakeholders and Treasury Immovables within the Scope of Article 995 and Supreme Court Jurisprudence (2026) Updated as of 2026
Ecrimisil is the compensation requested from a person who uses a real estate without the owner's permission in return for this use. Owner does not have to separately prove that he has suffered damage; The existence of the occupation and the bad intention of the occupier are sufficient. The period during which the claim can be made is limited to five years from the date of the lawsuit. In shared and cooperative ownership, in order for a stakeholder to request remuneration from others, he must first prohibit it from use, that is, demand the use that falls to his share. The amount is determined by the expert based on comparable rental values.
1. What is Ecrimisil?
Ecrimisil literally means "precedent fee" and is used in our law for unfair occupation compensation. It is not regulated by name in the law; its basis is TMK art. It finds it at 995. According to this provision, the possessor who is not in good faith is responsible for the compensation he must pay to the rightful owner during his unfair possession and for the products he obtains. The Supreme Court interprets this provision as the wrongful occupier paying compensation equal to the equivalent rent for the period in which he used the real estate.
Ecrimisil is specific to situations where there is no lease agreement. If the lease agreement is still ongoing, a rent receivable will be requested for the unpaid amounts. The former tenant who does not vacate the property after the lease agreement ends will now be in the position of unfair possessor and may be charged with a penalty for this period.
The person requesting payment must be the owner of the real estate or have limited real rights during the occupation period. The person who subsequently acquired the immovable property can only claim remuneration for the period before his ownership, if he has inherited this right from the previous owner.
The defendant must use the real estate without any legal basis. If there is a rental, loan or usufruct relationship with the owner, no compensation can be requested. Bad faith is when the defendant knows or is in a position to know that he has no right to use it. Filing a lawsuit or sending a warning destroys good will.
Ecrimisil, unlike tort compensation, does not require the owner to prove that he can rent or use the real estate. It is sufficient that the owner's ability to benefit from the real estate is prevented.
The most common dispute in inherited houses and shared lands is that one of the stakeholders uses the real estate alone. Each stakeholder can use the entire shared property in a way that does not hinder the rights of other stakeholders. Therefore, the use of a stakeholder is not considered unfair per se.
According to the established jurisprudence of the Supreme Court, in order to claim remuneration between stakeholders, the user must have prohibited other stakeholders from using it. In practice, this happens when other stakeholders demand their share of use by sending a notice or filing a lawsuit. As a rule, compensation may be requested for the period following this request.
There are some exceptions to this rule. If the user stakeholder earns income by renting the real estate, other stakeholders may request their share of the income without any additional prohibition condition. Violating a usage agreement made between stakeholders is also considered an exception.
According to the decision of the Supreme Court of Appeals Unification Board of Jurisprudence dated 25.05.1938 and numbered 29/10, the receivables are subject to a five-year statute of limitations. For this reason, compensation may be requested for a maximum period of five years from the date of the lawsuit. For occupation that continues to operate while the lawsuit is pending, additional lawsuits must be filed or the demand must be increased through reforms.
Calculation basis Comparable rental value; Subsequent periods are updated with annual index changes
competent court According to the general jurisdiction rules, the defendant's residence or the place where the real estate is located
Treasury and municipal real estate Administration, Law No. 2886, art. Issues administrative penalty notice in accordance with Article 75.
5. How is Ecrimisil Calculated?
The court determines the nature, location and usage of the real estate through discovery and expert examination. The expert determines the comparable rental value for the first period based on the rental prices of similar real estate in the region. For subsequent years, this value is updated by applying the index rates accepted by the Supreme Court. In agricultural lands, the product yield of the land and rental practices in the region are taken into account.
In lawsuits between stakeholders, the calculated amount is ruled in proportion to the plaintiff's share in the title deed. For example, if the annual equivalent rent of the real estate is 240,000 TL and the plaintiff's share is 1/4, the annual fee for the plaintiff is calculated as 60,000 TL. Legal interest may be requested on the receivables from the end of each period or from the date of the lawsuit.
The Ecrimisil case is often filed together with the case for preventing the intervention (prohibition of intervention). Thus, both compensation for past use is requested and the occupation is terminated. If a building has been built on the real estate by the occupier, the demolition of the building may also be requested. In shared real estate, the case for dissolving the partnership should be evaluated in order to resolve the dispute permanently.
Three siblings are shareholders in the flat in Bakırköy inherited from their mother. One of the brothers has been living in the flat for seven years and does not make any payments to the others. The other two siblings requested, with a notary notice in January 2025, to either use the flat together or pay rent. The lawsuit was filed in November 2026.
The disqualification condition among the stakeholders was fulfilled with the warning dated January 2025. For this reason, remuneration may be requested not for the entire seven-year period, but for the period from the notification of the notice to the date of the lawsuit. The plaintiff siblings may receive compensation based on the equivalent rent in proportion to their shares in the title deed; may make an additional request for the period that continues to run while the case is pending. In order to completely resolve the dispute, the case of dissolving the partnership should also be put on the agenda.
The rental agreement has ended, the tenant is not leaving. Do you want rent or compensation?
If the contract has ended and the tenant does not vacate the property, a penalty in the form of unfair occupation compensation may be requested for this period. If the contract is legally extended, the relationship continues to be subject to the lease provisions.
Is it mandatory to give a warning first for Ecrimisil?
It is not mandatory against a non-stakeholder invader; However, a warning makes it easier to prove bad faith. Among the stakeholders, the warning or lawsuit determines the start date of the penalty.
The Treasury sent a penalty notice. What can be done?
The penalty notice issued by the administration is an administrative procedure. An action for annulment may be filed in administrative jurisdiction within the period following the notification; Additionally, discount and installment opportunities stipulated by the law can be evaluated.
The defendant says that he does not use the property and only has his belongings. Keeping items on the property, changing the lock, or preventing other stakeholders from entering may also be considered use. These situations must be identified during the discovery.
Requesting remuneration for all previous years without sending a warning to stakeholders.
Inflating the case value for periods exceeding the five-year statute of limitations.
Not to include the occupation period that operates during the lawsuit in the lawsuit with additional requests or amendments.
Leaving the occupation open to continue by not wanting to prevent the seizure.
Filing a civil penalty lawsuit while the lease is still in force.
Ecrimisil is the most direct financial tool available to the owner against the person who uses the real estate without permission. But success; It depends on the timely fulfillment of the prohibition condition, the correct calculation of the five-year limit and the good defense of the comparable rental value in expert examination. Remuneration disputes between stakeholders often reach a permanent solution when handled together with the dissolution of the partnership. Küheylan Law Firm protects the rights of the real estate owner with a holistic strategy, from the preparation of the notice to the discovery and expert examination, to the joint planning of the requests for preventing seizure and dissolving the partnership.
Important Legal Notice: This guide has been prepared for general information purposes and does not constitute legal advice. Legislation and Supreme Court practice may change over time; The unique circumstances of each dispute require a separate legal assessment. Küheylan Law Firm cannot be held responsible for the consequences that may arise from transactions based on this text.
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