A common dispute at the end of a tenancy in Turkey concerns the rental security deposit, commonly called a depozito.
A landlord may claim that the property has been damaged. The tenant may respond that the alleged damage is simply the result of ordinary use. Turkish law distinguishes between these two situations, and that distinction can determine whether the landlord is entitled to retain any part of the deposit.
How much can a rental deposit be in Turkey?
Under Article 342 of the Turkish Code of Obligations, the security required for residential and roofed commercial leases cannot exceed three months’ rent.
The Code also establishes a specific mechanism where the security consists of money. The money is intended to be deposited into a savings account that the tenant cannot withdraw without the landlord’s consent.
The bank may release the security with the agreement of both parties, on the basis of a final enforcement proceeding, or pursuant to a final court judgment.
In practice, tenants often transfer the deposit directly to the landlord. That practice is common, but it is not the same arrangement as the statutory bank-deposit mechanism contemplated by Article 342.
Can the landlord charge the tenant for normal wear and tear?
Not generally.
Article 334 of the Turkish Code of Obligations requires the tenant to return the rented property at the end of the lease, but expressly provides that the tenant is not responsible for deterioration resulting from use in accordance with the lease.
This distinction matters.
A property occupied for several years will naturally show signs of age and use. Paint may fade, flooring may show ordinary wear and fixtures may become older. These circumstances do not automatically constitute compensable damage.
Damage resulting from misuse is different. A broken door, substantial damage to flooring or other damage caused by improper use may create liability.
The Court of Cassation has repeatedly distinguished ordinary deterioration from damage caused by improper use. It has also required depreciation to be taken into account when determining the amount recoverable from the tenant. A recent example is the 3rd Civil Chamber’s decision E. 2023/5407, K. 2024/820.
A landlord therefore cannot automatically charge the replacement cost of a brand-new item where the damaged item was already several years old.
Does the landlord have to notify the tenant about damage?
Yes, and timing can be important.
Article 335 requires the landlord to inspect the property when it is returned and immediately notify the tenant in writing of defects or deficiencies for which the tenant is considered responsible.
Failure to do so may release the tenant from liability for defects that could have been discovered through an ordinary inspection at the time of return.
The rule is different for hidden defects that could not reasonably have been identified during the handover. Once such a defect is discovered, the landlord must again notify the tenant without delay.
For this reason, a proper move-out record can be important for both parties.
What should a tenant document when moving out?
Evidence is often the central issue in deposit disputes.
Photographs and videos taken on the day of departure can help establish the condition of the apartment. Meter readings, written confirmation of the return of the keys and a signed handover report can also be important.
The move-in condition should be documented as well. Without evidence showing how the property looked at the beginning of the tenancy, it can be considerably harder to establish whether a particular defect was caused by the tenant.
Bank records showing payment of the security deposit and written communications regarding its return should also be preserved.
Can a landlord simply keep the deposit for three months?
There is a widespread misunderstanding about the three-month rule in Turkish law.
Article 342 does not provide landlords with a general three-month period during which they are automatically entitled to retain every deposit.
The three-month period specifically relates to security held through the statutory bank mechanism. If the landlord does not notify the bank within three months following termination of the lease that proceedings have been commenced against the tenant, the bank must return the security at the tenant’s request.
The provision should therefore not be interpreted as a universal three-month grace period for landlords.
What can be deducted from the deposit?
Legitimate claims arising out of the lease may potentially be relevant, including established damage beyond ordinary wear or other outstanding obligations connected with the tenancy.
The key point is that a deduction should have a legal and factual basis.
Where the alleged deduction concerns physical damage, the landlord should be able to identify the damage, show that it was not ordinary deterioration and establish an appropriate amount.
A tenant may dispute a deduction that simply replaces an old item with a new one at the tenant’s full expense without accounting for prior age and use.
What if the landlord refuses to return the deposit?
The tenant should generally preserve the lease agreement, proof of payment of the deposit, handover documentation, photographs and communications with the landlord.
A written demand can also provide a useful record of when repayment was requested.
Most disputes arising from a lease relationship in Turkey are subject to mandatory mediation before a lawsuit may be filed. Deposit-return disputes generally fall within this framework.
If mediation does not resolve the dispute, the appropriate court or enforcement procedure will depend on the circumstances of the case.
Can repainting costs be deducted?
Not automatically.
Whether repainting constitutes compensable damage depends on factors such as the condition of the walls when the tenancy began, the length of the tenancy and whether the deterioration exceeds what would ordinarily be expected from proper use.
The same analysis can apply to flooring, doors, cabinets and other fixtures.
Evidence can decide the case
Deposit disputes frequently turn less on the abstract legal rule and more on the available evidence.
A tenant who has clear move-in and move-out records is in a very different position from a tenant who returned the keys without documenting the condition of the property.
The same is true for landlords. A general allegation that the apartment was “damaged” is different from contemporaneous photographs, a written handover record and evidence establishing the actual repair cost.
Legal basis: Turkish Code of Obligations No. 6098, Articles 334, 335 and 342; Mediation Law No. 6325, Article 18/B; Court of Cassation, 3rd Civil Chamber, E. 2023/5407, K. 2024/820.
This article provides general information on Turkish law. The terms of the lease and the evidence available in an individual case may materially change the legal assessment.