Rental Deposit (Security) Rights and Refund in Turkey
Summary: The money requested by the landlord to secure themselves is called 'Security Deposit' (_Depozito_). It is not the landlord's money; it is a guarantee. ...
The money requested by the landlord to secure themselves is called “Security Deposit” (Depozito). It is not the landlord’s money; it is a guarantee.
1. Deposit Limit (3 Rents)
According to the law, the landlord can ask for a maximum of 3 months’ rent as deposit. Asking for more (e.g., 6 months upfront deposit) is illegal and invalid even if written in the contract.
2. Obligation to Deposit in Bank
Although often ignored in practice, the Law (Art. 342) is clear:
- Deposit cannot be given by hand/cash to the landlord’s personal account.
- It must be deposited in a Joint Time-Deposit Account at a bank.
- Thus, the money earns interest, and neither party can withdraw it without the other’s signature (or a court order).
3. How to Get It Back?
After the tenant leaves:
- If the landlord does not file a lawsuit or enforcement proceeding within 3 months,
- The bank must return the money (with interest) to the tenant upon their request alone.
FAQ
Landlord says “Needs painting, I won’t give deposit”? Wear and tear due to “Ordinary Use” (fading paint, dirty walls) cannot be deducted from the deposit. Only “Extraordinary Damage” (broken doors, holes in walls) can be deducted.
Legal Support: We assist tenants in recovering unreturned deposits via mediation and lawsuits.
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Contact us for professional legal assistance on this matter.
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Need professional legal advice regarding Rental Deposit (Security) Rights and Refund in Turkey? We are here to protect your rights and manage the process correctly.
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Fevzi Yaşkır, registered with the Konya Bar Association, practices in Criminal Law, Family Law, Labor Law, and Enforcement Law. He is committed to defending his clients' rights at the highest level.