Recent increases in home sales have led to many properties changing hands. Because a large portion of these transactions involve older residences, buyers must pay attention to an important detail: building janitors (concierges/caretakers) working in apartment buildings may have severance pay rights, and new homeowners can unexpectedly face substantial severance payment obligations.
Can Janitors Receive Severance Pay?
Under applicable regulations, individuals serving as residential building janitors are defined as those responsible for the protection and repair of the property, maintenance and cleaning of common areas, handling errands for residents, and duties such as firing the heating system. The employer for a janitor is considered to be the homeowner or the collective of apartment owners in the building.
When purchasing a second-hand home, buyers should determine whether a janitor is employed and learn the janitor’s employment status and entitlements. If the janitor retires or is dismissed, new property owners can face unexpected liabilities. When ownership changes, whether the janitor’s severance pay must be paid should be clarified with the former owner if a liability exists. Under the Condominium Ownership Law, current apartment owners are legally responsible for services provided by the janitor, without a strict statute of limitations. In practice, even if only a single day has passed since the property sale, if the janitor’s claim arises the new owner may be held responsible for payment. Similarly, if the building includes commercial units, shop owners share responsibility for the janitor’s severance payments.
All Unit Owners Held Jointly Responsible
In the event of a janitor’s retirement or dismissal, those who are registered as co-owners at that time are legally liable for the severance payment. The portion of the severance calculated for work performed during the previous owner’s period does not relieve the person who is the registered owner at the time the claim arises from liability for the debt. If this issue is addressed ahead of purchase, the buyer and seller can reach an agreement before closing. However, if no agreement is made and the buyer takes ownership, the former owner may refuse to cover the severance when the janitor’s right to compensation materializes.
The law that framed severance obligations, Law No. 1475, states that for business transfers both employers share responsibility for the severance accrued by employees, but the transferring employer’s liability is limited to the period during which they employed the worker. However, under the new Labor Law No. 4857, existing employment contracts and all related rights and obligations pass to the transferee upon transfer of the workplace. Accordingly, within the scope of current legislation, the transferring employer’s responsibility for debts accrued before transfer and payable at the transfer date can be limited to two years from the transfer date. Yet case law from the Court of Cassation (Yargıtay) has invalidated the two-year limitation in practice and holds that full responsibility transfers to the new owner from the date of transfer.
Tenants Are Not Held Responsible
Under provisions of the Condominium Ownership Law, tenants are not liable for the owner’s share of communal expenses or advance payments, nor for related late payment penalties. A tenant’s obligations are limited to rent, and to expenses they directly consume such as heating or dues when explicitly their responsibility. Tenants are not required to participate in severance payments due to the janitor’s retirement or dismissal.
According to current legislation, severance pay owed to janitors because of retirement or dismissal generally falls under the responsibility of the new property owners. Prospective buyers should therefore exercise due diligence and investigate any existing janitorial employment arrangements and possible outstanding entitlements before completing a purchase.