Don't Know the Exact Amount of Damage Caused by Your Tenant? You Can File an Indeterminate Claim Lawsuit

Many property owners who want to file a lawsuit for compensation for damage left by a tenant on the property immediately encounter this question: "I don't know the exact amount of my loss — can I still file a lawsuit?" The good news is that the Code of Civil Procedure (HMK) offers a specific solution for this situation: the indeterminate claim lawsuit (belirsiz alacak davası). In this article, in light of Court of Cassation (Yargıtay) and regional court of justice decisions, we examine under what conditions an indeterminate claim lawsuit can be filed for property damage, and whether a pre-litigation evidentiary examination (delil tespiti) affects this right.

Why This Matters

It is nearly impossible, in everyday practice, to calculate precisely the monetary equivalent of damage occurring on a property; this generally requires a technical examination by an expert. If this fact is overlooked and the lawsuit is not filed within the correct procedural framework, one may face the objection that "the conditions for filing an indeterminate claim lawsuit have not been met," or a loss of rights may occur. Choosing the correct type of lawsuit benefits the claimant in terms of both time and expense.

Summary of the Situation

Assume that the owner of a property wants to claim compensation because of damage left on the property by the tenant. The exact monetary equivalent of the damage can only become clear following a technical examination (expert report, on-site inspection). Before filing the lawsuit, the owner is also considering having an evidentiary examination carried out through the court; however, they are not sure whether this would eliminate their right to file an "indeterminate claim lawsuit."

The Legal Issue

Under Article 107 of the HMK, an indeterminate claim lawsuit may be filed where it is objectively impossible to determine the exact and precise amount of the claim at the time the lawsuit is filed, or where such a determination cannot be expected of the claimant. Since, in property damage cases, this amount generally can only become clear following an expert examination, on-site inspection, or the gathering of evidence, it is accepted that an indeterminate claim lawsuit may be filed for this type of case.

However, two important points of debate arise here:

1. Does having an evidentiary examination carried out before filing the lawsuit render the claim "determinate"?
2. If the damage has been approximately determined through an evidentiary examination or expert appraisal report, does this eliminate the right to file an indeterminate claim lawsuit?

What Does the Court of Cassation Say?

An Indeterminate Claim Lawsuit May Be Filed for Damage Requiring Technical Expertise

In the decision of the İzmir 2nd Commercial Court of First Instance, Case No. 2022/485, Decision No. 2023/380, it was emphasized that determining the amount of damage to a property requires special expertise, and that the claimant cannot be expected to objectively determine this amount themselves. Similarly, in the decision of the Diyarbakır Regional Court of Justice, 4th Civil Chamber, Case No. 2024/903, Decision No. 2025/1955, it was stated that where the amount of compensation will be determined as a result of an investigation to be conducted by the court, the lawsuit may be filed as an indeterminate claim lawsuit.

In the decision of the İzmir Regional Court of Justice, 11th Civil Chamber, Case No. 2021/1993, Decision No. 2024/1220, it was emphasized that where the existence and amount of the damage can only be determined after the investigation stage, an indeterminate claim lawsuit may be filed under Article 107 of the HMK.

A Pre-Litigation Evidentiary Examination Does Not Render the Claim "Determinate"

There is a well-established and important line of case law on this point: in the decision of the İstanbul Regional Court of Justice, 9th Civil Chamber, Case No. 2024/1636, Decision No. 2025/116, it was expressly stated that "interpreting the fact that the claimant had an evidentiary examination carried out before filing the lawsuit as rendering the amount of the damage or claim at issue in the lawsuit determinate would be contrary to the purpose of the Law." In the same vein, in the decision of the İstanbul Regional Court of Justice, 15th Civil Chamber, Case No. 2021/3389, Decision No. 2024/1065, and the decision of the Konya 2nd Commercial Court of First Instance, Case No. 2022/81, Decision No. 2023/805, it was likewise held that an evidentiary examination does not render the claim liquid, and that legal interest in filing an indeterminate claim lawsuit continues to exist.

In the decision of the Kayseri 1st Commercial Court of First Instance, Case No. 2021/99, Decision No. 2021/1146, referring to the precedent of the General Assembly on the Unification of Civil Chambers of the Court of Cassation, Case No. 2019/11-4, Decision No. 2019/202, it was confirmed that having an evidentiary examination carried out does not render the amount of the damage determinate.

Contrary, More Restrictive Views

It should not be assumed that an indeterminate claim lawsuit can always be filed. In the decision of the Court of Cassation, 11th Civil Chamber, Case No. 2019/4065, Decision No. 2020/2331, it was held that where the amount of the claim was already known to the claimant at the time the lawsuit was filed, there is no legal interest in filing an indeterminate claim lawsuit. Similarly, in the decision of the Konya 2nd Commercial Court of First Instance, Case No. 2022/75, Decision No. 2023/651, it was stated that where the damage has been approximately determined through an evidentiary examination, the lawsuit should be filed as a partial lawsuit. In the decision of the İstanbul 13th Commercial Court of First Instance, Case No. 2018/499, Decision No. 2022/624, it was likewise held that where the amount of damage has been determined through an expert appraisal carried out before the lawsuit was filed, the claim is determinable and an indeterminate claim lawsuit cannot be filed.

In conclusion, whether the amount of a claim can be determined exactly and precisely by the claimant must be assessed separately for each specific case, within the framework of objective impossibility and the principle of good faith (Ankara Regional Court of Justice, 21st Civil Chamber, E. 2021/1607, K. 2023/526).

Points to Watch

• Do not hesitate to have an evidentiary examination carried out: According to settled case law, merely having had an evidentiary examination performed does not eliminate your right to file an indeterminate claim lawsuit.
• Pay attention to the content of the report: If the evidentiary examination report or expert appraisal presents the amount of damage with a definite and precise figure, the court may treat this as rendering "the claim determinate" and may require you to file a partial lawsuit.
• Frame your claim correctly: In the complaint, clearly state that the amount of damage will become clear as a result of an expert examination, and that you are therefore filing an indeterminate claim lawsuit.
• Know your right to amend (ıslah): In an indeterminate claim lawsuit, you retain the right to increase your claim during the proceedings in line with the amount clarified by the expert report.

Conclusion: What Should You Do?

Not knowing the exact amount of damage on your property does not prevent you from filing a lawsuit.

• If possible, obtain a prior expert opinion or a court-ordered evidentiary examination to establish the damage; this strengthens your case and does not eliminate your right to an indeterminate claim lawsuit.
• Check whether your evidentiary examination report presents a definite figure; if it does, determine your litigation strategy accordingly (partial lawsuit or indeterminate claim lawsuit).
• Clearly state in your complaint that the amount of damage requires technical examination and that you are therefore filing an indeterminate claim lawsuit.
• Since the choice of the correct type of lawsuit directly affects whether your case is accepted or dismissed, be sure to consult an attorney experienced in civil litigation before filing.