What is Ecrimisil?
The right to compensation resulting from the use of a real estate without the owner’s permission is called ecrimisil. In order for an Ecrimisil lawsuit to be filed, the owner of the real estate must not have allowed the use of the property, that is, there must have been an unfair occupation. In addition, the condition of the defendant’s malicious intent is sought. In the Ecrimisil case, it is not considered whether the real estate has suffered damage or not. The amount of income that can be obtained from the real estate before the unfair occupation is calculated and compensated.
In order for the use to be considered as unfair occupation and for the ecrimisil case to be opened, some conditions must exist. Continuing to use the property without renewing the lease agreement, making unauthorized construction and occupying a rented building for use in public service are among the terms of ecrimisil.
In order to file an ecrimisil lawsuit, first of all, a warning is issued to the person who has occupied the real estate. With the warning letter, it is informed that the use of the real estate is not consented and a lawsuit for ecrimisil will be filed. A lawsuit is filed in the Civil Court of First Instance where the real estate is located.
The appraisal price is determined by the expert, taking into account the zoning status of the real estate, its location, and the monthly rental price. Ecrimisil may be requested retrospectively for five years. Damages incurred on the date of commencement of the lawsuit are compensated, but financial losses that may arise after the commencement of the lawsuit cannot be claimed.
