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Homeowner On Vacation, Pipe Burst: Can Manager Open Door With Locksmith?

We are

in the middle of summer. Many of the residents are either in their hometown or in their resorts... But for building management, the summer season does not mean only calm; sometimes it can turn into a moment of complete crisis.

Imagine that on a Sunday evening the resident of the lower floor knocks on your door in panic: “Water is dripping from the ceiling, there is no noise from anyone in the upper apartment!” You call the landlord upstairs, his phone is off or he says, “I went on vacation, I'll be back in the week.” It is impossible to wait until the week when the apartment below is flooded and there is a risk of electrical contact.

So in this case, is it legal to call a locksmith as a manager and open the door, or is it considered a crime to “Violate Housing Immunity”?

“Oh, don't break the door!” What is the legal limit?

According to the Turkish Penal Code, no one can enter his home without the consent of anyone. However, if there is an ongoing damage and emergency (flood, gas leak, fire risk), the situation falls under the “State of Obligation” (State of Obligation).

That is, if the manager intervenes not out of mere curiosity, but to protect the building and the lower apartment from destruction, the law is on the side of the manager here. But it is imperative that this intervention be carried out according to certain procedures.

A Step-by-Step Guide to Emergency Response

If you cannot reach the owner of the apartment and there is an urgent plumbing/flooding crisis, the following is the way to follow:

Valve Check First: Try closing the water/gas valve leading to that apartment through the building shaft or main entrance before entering the apartment. If the problem is solved only from there, then there is no need to open the door
Notify the Police or Police Department: Before calling a locksmith, be sure to call the police station or police station where you are connected and report the situation. If possible, ask for a law enforcement officer to accompany you for due diligence.
Keep a Record in the Presence of Witnesses: Take at least 2 floors of the owner or building official with you before the door opens. It should be written and signed with the record that “Emergency response was made due to the fact that the water leaking from the apartment damaged the lower apartment and the landlord could not be reached
Intervene Only on Failure: When entering the apartment, only the process of closing the valve or repairing the burst burst pipe should be carried out, personal items in the apartment should not be touched strictly.
Lock Replacement and Notification: If the hub has been changed compulsorily when closing the door, it must be protected with a new key protocol and the landlord must be notified of the situation by SMS/written warning.

Ways to Avoid This Crisis During the Summer

There are very practical measures that managers can take to avoid this type of stress in the summer:

Vacation Exit Notice: In early summer, remind residents to turn off valves on extended trips by passing an announcement.

Backup Contact/Contact Number: Ask residents to give the management the number of a relative or the neighbor they left a key that can be reached in case of emergency when going on vacation.

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