Is There a Dues Liability for an Empty Shop?

Shops on the ground floor of apartments or business centres sometimes remain empty; no tenant is found or the owner closes their business. In such cases, the question "do I pay dues when the shop is empty?" arises. In this guide we explain empty or closed shops' (business premises') dues liability under Article 20 of the Condominium Ownership Law No. 634 (KMK).

A shop is also an independent unit

In terms of condominium ownership, a shop, store or office is also an independent unit, just like the apartments. Its owner is therefore also a unit owner and has the rights and obligations that unit owners have. This includes the obligation to contribute to common expenses. Being a shop does not create a status different from a residential unit in terms of dues.

Does an empty shop pay dues?

Short answer: Yes. Under the Condominium Ownership Law, a unit owner cannot refuse to contribute to common expenses by claiming that they do not use the common area or the service (KMK Art. 20). This rule also applies to shops. The shop being empty, unrentable or closed does not remove the owner's common expense liability. The law considers it sufficient to have the "right" to benefit from the service.

Is the "I have no rental income" defence valid?

Shop owners often object that "the shop is empty, I do not receive rent, why should I pay dues?" However, dues is not an obligation linked to rental income; it is a debt tied to ownership. Whether income is earned from the shop does not affect the dues liability. The "I have no income" defence therefore does not remove the dues debt.

Which expenses does the shop contribute to?

Shops contribute to the building's general common expenses according to statutory rules. However, there may be special situations for some expenses. For example, it may have been decided in the management plan that shops be exempt from certain expenses because they do not use the building entrance or the elevator. Such exceptions are valid only if they are expressly stated in the management plan or in an assembly decision. Otherwise, the shop contributes to all common expenses.

What happens if the dues are not paid?

If the dues of an empty shop are not paid, the legal process runs just as for units. The manager or other owners can initiate enforcement proceedings or file suit against the debtor shop owner. In addition, the unpaid amount accrues a 5% monthly late payment penalty. The claim "the shop is empty" therefore prevents neither the debt nor the late payment penalty.

Who pays the dues while the shop is rented?

When the shop is rented out, dues liability is determined by the lease agreement. In commercial leases, it is usually agreed that dues be paid by the tenant. However, if the tenant does not pay, the owner is also liable for the common expense debt (KMK Art. 22). The management can therefore apply both to the tenant and to the owner.

Summary

A shop is also an independent unit and its owner is a unit owner. Being empty, closed or without rent does not remove dues liability; the law does not accept the "no use" defence. The "I have no rental income" argument also does not affect the debt. If the debt is not paid, enforcement, litigation and a 5% late payment penalty come onto the agenda. Special exemptions in the management plan are valid only if expressly stated.

Tracking the dues of shops, residential units and different types of independent units separately is laborious. Apt Yönet tracks the status and debt of each independent unit separately, providing the management with complete collection control.

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Frequently Asked Questions

Does an empty shop pay dues?

Yes. The shop being empty or closed does not remove dues liability; the law does not accept the "no use" defence (KMK Art. 20).

I do not receive rent — do I still pay?

Yes. Dues is a debt tied to ownership, not to rental income. Having no income does not affect the debt.

Can a shop be exempt from certain expenses?

Only if expressly stated in the management plan or an assembly decision. Otherwise, it contributes to all common expenses.

What happens if a shop's dues are not paid?

Enforcement proceedings, litigation and 5% monthly late payment penalty come onto the agenda; the process is the same as for a residential unit.

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This content is for general information only and does not constitute legal advice. You are advised to consult a legal expert about your specific situation.