Short answer
In leases of residential and covered business premises, the deposit (called “security”, güvence, in the Law) may not exceed three months’ rent. If given in cash, it is paid into a time savings account from which it may not be withdrawn without the landlord’s consent (Turkish Code of Obligations, Art. 342).
The bank must return the security at the tenant’s request if, within three months after the end of the lease, the landlord has not notified the bank in writing that it has filed a lease-related lawsuit or started enforcement proceedings against the tenant.
The tenant is not liable for wear and deterioration resulting from use in accordance with the contract (Art. 334).
1. Legal nature and statutory limit of the deposit
Security is a guarantee given to the landlord against the possibility that the tenant fails to perform obligations under the lease. It does not become the landlord’s property; when the lease ends, it is returned unless there is a justified claim. Under Article 342/1, where a lease of residential or covered business premises requires the tenant to provide security, it may not exceed three months’ rent.
2. The bank-holding rule
- If cash security is agreed, the tenant pays it into a time savings account from which it may not be withdrawn without the landlord’s consent. Securities are deposited with a bank (Art. 342/2).
- The bank may return the security only with the consent of both parties, upon finalised enforcement proceedings or on the basis of a final court judgment.
In practice, deposits are often paid in cash directly to the landlord. In that case, too, the statutory limit and the duty to return still apply. However, a receipt, bank transfer or a statement in the lease becomes important for proving payment.
3. Return process
Code of Obligations, Art. 342/3: If, within three months following the end of the lease, the landlord has not notified the bank in writing that it has filed a lawsuit relating to the lease against the tenant or has commenced enforcement or bankruptcy proceedings, the bank must return the security at the tenant’s request.
For security held in a bank account, the period is three months from the end of the lease. For a deposit paid in cash, the return is claimed from the landlord. If the landlord refuses, the tenant may use the routes described below.
4. Ordinary wear versus damage the tenant may be liable for
Code of Obligations, Art. 334: The tenant must return the leased property at the end of the lease in the condition in which it was received. However, the tenant is not liable for wear and deterioration of the leased property resulting from use in accordance with the contract.
| Ordinary use (as a rule, tenant not liable) | Damage the tenant may be liable for |
|---|---|
| Paint fading and minor wear over time | Broken doors, glass or cupboards; damage from careless use |
| Ordinary ageing linked to the period of use | Damage caused by unauthorised alterations |
The Law also renders invalid any advance undertaking by the tenant to pay, on termination, compensation other than for damage arising from use contrary to the contract (Art. 334/2). Whether particular damage counts as ordinary wear is assessed in each specific case.
5. Move-out report, photographs, service charges and utility bills
- Move-in and move-out records: Dated photographs and videos showing the property’s condition at handover and return.
- Move-out and handover report: Signature by both parties of the key handover, meter readings and any defects found.
- Service charges and bills: Proof of payment of the latest building service charges and electricity, water and gas bills. Unpaid ancillary costs may be the subject of a claim by the landlord.
- Rent payments: Bank records showing that no rent is owed.
6. Mediation and lawsuits
For disputes arising from a lease relationship, applying to a mediator before filing a lawsuit is a precondition, except for the provisions on eviction through enforcement without a judgment (Mediation Law No. 6325, Art. 18/B). As a rule, a claim for return of the deposit also starts with an application to a mediator. If no agreement is reached, a lawsuit may be filed. The route and the competent court are determined according to the specific case.
Rent determination and eviction for need are covered in separate articles on the site.
7. Checklist
- Lease agreement (deposit amount and method of payment)
- Proof of deposit payment or bank time-account document
- Move-in and move-out photographs and videos
- Move-out and key handover report
- Proof of payment of service charges and bills
- Rent payment records
8. Hypothetical examples
Hypothetical example 1: A paid a deposit equal to two months’ rent into a bank time account, as required by law. After the lease ends, the landlord does not notify the bank of any lawsuit or enforcement within three months. A may ask the bank to return the security.
Hypothetical example 2: B’s landlord withholds the full deposit because of ordinary paint fading on the walls. As a rule, such wear is not the tenant’s responsibility. B may document the situation with move-in and move-out photographs and apply to a mediator first.
These examples are not based on real persons or files; the outcome depends on the specific circumstances.
9. Frequently asked questions
What is the maximum deposit?
In leases of residential and covered business premises, it may not exceed three months’ rent.
I paid the deposit in cash; can I get it back?
Yes. The duty to return does not depend on the payment method, but proving payment is important.
Can the landlord deduct repainting costs from the deposit?
Ordinary wear from use in accordance with the contract is, as a rule, not the tenant’s responsibility. Damage from careless use is assessed differently.
When does the bank return the deposit?
With the consent of both parties, upon finalised enforcement or a final court judgment; or at the tenant’s request if the landlord has not notified a lawsuit or enforcement within three months after the end of the lease.
Do I need to go to a mediator before filing a lawsuit?
For disputes arising from a lease, mediation is a precondition for a lawsuit, subject to certain exceptions.
10. Sources
- Turkish Code of Obligations No. 6098 (Turkish): Arts. 334, 342
- Law No. 6325 on Mediation in Civil Disputes: Art. 18/B
This article provides general information and does not replace a review of the specific facts and documents. Current legislation and case-specific circumstances require separate assessment.