This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Kira Depozitosu: Ne Kadar, Nasıl İade Edilir?.
In residential and roofed commercial tenancies the deposit may not exceed three months' rent, and where it is taken in money it must be placed in a time deposit account in the tenant's name (TBK art. 342). The bank cannot pay it out on the landlord's instruction alone; the tenant's consent or a court decision is required. At the end of the tenancy the deposit is returned without deduction for ordinary wear and tear.
You are moving out and the landlord will not return the deposit: "it needs repainting", "the carpet is worn", "there may be unpaid bills". The Turkish Code of Obligations (TBK) addresses this directly, and it protects the tenant.
How Much Can the Deposit Be?
TBK art. 342 is explicit: where a residential or roofed commercial lease obliges the tenant to provide security, that security may not exceed three months' rent.
The rule is mandatory. A higher figure written into the contract does not change the result, and the excess is recoverable.
In practice further sums are sometimes taken under other names — "guarantee", "security payment", "reservation fee". The label is irrelevant: any payment that functions as security falls within the limit.
Must the Deposit Be Held at a Bank?
The rest of the same article contains a rule most people do not know.
Where the security is agreed to be given in money or negotiable instruments, the tenant places the money in a time deposit savings account that cannot be withdrawn without the landlord's consent, and deposits negotiable instruments with a bank.
The bank may return the security only with the consent of both parties, on a finalised enforcement proceeding, or on a final court judgment.
Further, if the landlord has not notified the bank in writing, within three months of the end of the tenancy, that an action or an enforcement or bankruptcy proceeding relating to the lease has been commenced against the tenant, the bank is obliged to return the security at the tenant's request.
This is a strong protection — but only where the deposit actually sits in a bank account. In practice most deposits are handed over in cash, which is precisely why so many are difficult to recover.
What May Be Deducted?
The deposit secures the tenant's obligations under the lease. Legitimate grounds for deduction are:
- Unpaid rent
- Unpaid ancillary charges — building service charges, heating, water and similar costs falling on the tenant
- Damage caused by the tenant's fault
By contrast, deterioration arising from ordinary use cannot be charged to the tenant. TBK art. 316 requires the tenant to use the property with care and in accordance with the contract, but ordinary wear falls outside that duty. TBK art. 334 puts it directly: the tenant returns the property in the condition in which it was received, but is not liable for deterioration resulting from use in accordance with the contract.
Faded paint, scratched flooring and a worn tap washer are ordinary wear. A broken window, a holed door or a torn-out cupboard are not.
| Item | Deductible? |
|---|---|
| Unpaid rent | Yes |
| Unpaid service charge, electricity, water or gas | Yes |
| Damage caused by the tenant's fault | Yes |
| Ordinary wear (faded paint, worn carpet) | No |
| General renovation or refurbishment by the landlord | No |
| Penalty-type deductions, even if written into the contract | Contested; subject to judicial review |
A deduction must be supported by concrete evidence of the loss. Deductions on an estimated basis are not permitted.
Why the Condition Report Decides the Case
Almost every deposit dispute comes down to the same thing: the condition on entry cannot be compared with the condition on exit.
- Draw up a report on entry. The state of each room, the make and condition of appliances and fittings, and the meter readings, signed by both parties.
- Photograph on entry — dated, every room, and every existing defect.
- Do the same on exit, from the same angles, with a mutually signed handover report.
- Settle utility and service charge accounts, keep the receipts, and close the accounts.
If the landlord will not sign, draw up the report on the day of departure with two witnesses and give notice of the position by notarised warning notice.
If the Deposit Is Not Returned
- Notarised warning notice stating the amount, its basis and a reasonable period for payment.
- Mediation. Mediation is a condition of the action in tenancy disputes and must be attempted before suing.
- Enforcement proceedings. These are not subject to the mediation requirement and may be started directly.
- Action. If no agreement is reached, a claim for the debt is brought in the civil court of peace.
Where a deduction is asserted, the burden of proving that it was justified rests on the landlord. The party alleging damage must show that it was caused by the tenant's fault and that it goes beyond ordinary wear.
That is why the entry photographs and the condition report decide these cases.
Under TBK art. 342 the security is placed in a time deposit savings account that cannot be withdrawn without the landlord's consent, and if no action or enforcement is notified within three months of the end of the tenancy, the bank returns it to the tenant. The security may not exceed three months' rent.
Frequently Asked Questions
How much can a deposit be?
In residential and roofed commercial tenancies it may not exceed three months' rent. The excess is recoverable.
Where should the deposit be held?
In a time deposit savings account that cannot be withdrawn without the landlord's consent; negotiable instruments are deposited with a bank.
Can the cost of repainting be deducted?
No. Deterioration from ordinary use cannot be charged to the tenant. Damage caused by the tenant's fault can be.
What if the landlord simply keeps it?
Send a notarised warning notice. Enforcement proceedings can be started directly; to sue, you must first apply to a mediator.
Who has to prove the damage?
The landlord. They must show that the damage was caused by the tenant's fault and that it exceeds ordinary wear.