Tenancy Law Series · 5 of 5
Security protects legitimate lease claims, but tenants also have statutory rights. Disputes over return depend on the agreed security, payment, condition of the premises and how the lease ended. Article 342 applies to residential and roofed workplace leases, including textile premises where that classification applies.
1. The three-month cap
Where the contract requires security, Article 342 limits it to three months' rent. The cap is not optional simply because the tenant is a business. A demand for six months or a year requires legal scrutiny.
The first paragraph states the general security cap; the following paragraph regulates money and negotiable instruments specifically. Bank guarantees and separate guarantees require examination of their classification and terms. Changing the name does not automatically avoid mandatory rules.
Excess security requires assessment of the payment, instrument, legal basis and remedy. An excessive demand does not automatically produce a refund without the proper process.
2. Bank deposit and release
Money agreed as security must be placed by the tenant in an interest-bearing savings account so it cannot be withdrawn without the landlord's consent. Negotiable instruments are deposited with a bank. Neither party should treat security as unrestricted funds.
The bank may release it with both parties' consent, upon finality of enforcement proceedings or under a final court judgment within Article 342. A unilateral demand or disputed invoice is not automatically sufficient.
The separate three-month rule
If, within three months after the lease ends, the landlord has not notified the bank in writing that lease-related court proceedings or enforcement or bankruptcy proceedings against the tenant have been initiated, the bank must return security at the tenant's request under the statutory conditions.
The issue is written notification to the bank of proceedings, not merely a complaint to the tenant or an intention to sue. Establish the lease-end date: return of keys and legal termination are not necessarily identical. This is not the limitation period for all underlying claims.
If money was paid directly to the landlord, assess the repayment claim and proper defendant. The account-release procedure cannot simply be used against a bank that never held the money.
3. Claims and deductions
- Rent: an actual due and unpaid claim may matter; security does not automatically permit skipping the last months.
- Expenses: establish lawful responsibility, non-payment and the creditor's identity. Not every bill presented by a landlord is deductible.
- Damage: establish condition, causation, responsibility and reasonable cost. An estimate does not establish the entire claim.
- Ordinary wear: Article 334 excludes ageing and deterioration from agreed use. Painting and flooring may be ordinary or excessive according to the facts.
- Alterations: Article 321, written consent and restoration arrangements matter. A consenting landlord cannot demand restoration unless agreed in writing.
- Retention: a concrete basis is required; security is not an extra discretionary payment.
A possible claim is separate from the bank's authority to release money. Landlords must substantiate claims relied on; tenants must also prove matters such as security payment and return under the applicable evidential rules.
Article 335 requires inspection at return and prompt written notice of defects for which the tenant is responsible. Defects not discoverable by ordinary inspection have a separate prompt-notice rule upon discovery. Failure to comply can affect liability.
4. Before leaving
- Prepare a signed condition record noting damage, fixtures and disagreements.
- Take lawful dated photographs or video: useful evidence, not an automatic substitute for everything else.
- Record meters and settle subscriptions and lawful bills.
- Keep invoices, payments and correspondence.
- Document keys and establish the legal end date.
- Request repayment in a provable form, stating amount, recipient and basis.
An oral request is not necessarily impossible to prove, but writing helps establish content and receipt. Default and interest depend on maturity, demand and law, not simply a date printed on a letter.
5. If repayment is refused
A notarial demand can prove content and service but is not a universally mandatory first step. If the bank holds security, check consent, qualifying final proceedings or judgment and the three-month notification rule.
A payment claim may follow the appropriate enforcement or court route. Timely objection generally stops ordinary non-judgment enforcement; the response depends on evidence and statutory remedies. An action to annul objection is not the only conceivable response in every case.
The civil court of peace generally hears lease repayment disputes, subject to jurisdiction rules. A covered deposit-return action requires pre-action mediation under Article 18/B of Law No. 6325, subject to statutory exceptions. The non-judgment eviction exception is not an automatic exemption for a deposit repayment action.
Distinguish bank release, enforcement objection periods and limitation of the repayment claim. Accrual, claim type and interruption or suspension require individual assessment. Do not assume that three months extinguishes every right.
Complete tenancy series
- Workshop and factory leases
- Rent increases and CPI
- Eviction and undertakings
- Retail and shopping-centre leases
- Security deposits and return: this article.
Sources
Turkish Code of Obligations No. 6098: Articles 321, 334–335 and 342. Mediation Law No. 6325: Article 18/B.
General information: This article concerns Turkish law. Documents, bank records, termination and proof require individual review. Turkish statutory texts govern.