One of the most controversial issues in rental agreements is the return of the deposit. The deposit is a security deposit taken as a guarantee that the tenant will fulfill their obligations during the rental period. The deposit must be returned if the tenant does not cause any damage when returning the property, pays the rent in full, and behaves in accordance with the terms of the agreement.
In 2025, a significant portion of rental disputes will still be related to the return of deposits. In this process, both tenants and landlords need to be aware of their rights and make effective use of legal channels. Otherwise, a deposit that may seem like a small amount can turn into a serious legal dispute between the parties.
Legal Basis for the Deposit
Article 342 of the Turkish Code of Obligations clearly regulates the deposit system. According to this article, the deposit may not exceed three months’ rent and must be paid into a bank account. Receiving the deposit in cash is not legally valid, as the law requires the money to be held in a bank account.
The bank is obliged to keep the deposit amount in a special account. When the lease agreement expires and the landlord has no outstanding claims, this amount is refunded to the tenant. However, if the landlord believes they have a valid reason, they may file a lawsuit within a certain period to claim the money. In this regard, the deposit serves as a two-way mechanism that protects both the tenant and the landlord.
Conditions for Deposit Refunds
In order for the tenant to receive their deposit upon termination of the lease agreement, certain conditions must be met.
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The leased property must be returned as specified in the contract
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The tenant must not have any outstanding rent payments.
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The rented property must not be damaged.
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The lessor shall have no other claim.
When these conditions are met by the tenant, the tenant’s right to request the return of the deposit arises. However, if the landlord refuses to return the deposit in an arbitrary manner without cause, legal measures may be taken.
Deposit Refund Process in Rental Agreements
The deposit refund process usually begins when the tenant vacates the property. The landlord inspects the property to determine if there is any damage. If there is no damage or outstanding payments, the deposit in the bank account is refunded to the tenant.
However, landlords often refuse to return the deposit, citing minor repairs, painting costs, or utility bills as justification. In such cases, the tenant may seek legal recourse. The tenant should first send a formal notice to request the return of the deposit in writing. If this does not yield results, legal action may be taken.
Legal Remedies for Deposit Refunds
The legal avenues available to tenants for deposit refunds are as follows:
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Sending a Notice: A written request for return is sent to the lessor.
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Consumer Arbitration Board Application: Specific a monetary limit below remaining disputes for arbitration panel may be referred.
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Civil Court Case: A lawsuit is filed for a higher amount to request the return of the deposit.
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Enforcement Follow-up: Tenant, deposit amount collection for directly enforcement proceeding initiate.
Which of these options to choose depends on the nature of the dispute depends on the extent of the dispute and the nature of the evidence and depends on.
Consumer Arbitration Board and Deposit Refund
Disputes arising from rental agreements are considered consumer transactions. Therefore, if the deposit refund request is below the specified monetary limits, it can be submitted to the Consumer Arbitration Board.
Applying to the panel of arbitrators is both free of charge and more faster than the court process. As of 2025, the monetary limits of arbitration panels have been increased, many deposit disputes can be resolved directly here . The arbitrator panel decision is binding and enforced if it is not complied with in which case enforcement proceedings may be initiated against the party concerned.
Deposit Cases in the Civil Court of Peace
If the deposit amount exceeds the arbitration panel limit or if the tenant seeks a more direct solution, they may apply to the Conciliation Court. In such cases, the tenant bears the burden of proof. They must demonstrate that they have returned the rented property without damage, that there are no outstanding rent payments, and that they have fulfilled all their obligations.
The court may decide to return the deposit to the tenant after evaluating the evidence. Most of the time expert reports, discovery investigations and invoice records process included in. When the case is finally decided and the decision is final, the tenant may collect the amount owed through enforcement proceedings may be collected.
Recommendations for Protecting Tenants’ Rights
Tenants rights loss avoidance for deposit regarding attention should be paid necessary some matters exist.
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Requesting that the deposit be paid into a bank account,
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Rental delivery when receiving and delivery while taking a photo or video recording to take,
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Make all payments through the bank during the lease term.
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Add special provisions to the contract,
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Send a formal notice without delay in legal disputes.
These steps will help the tenant secure the return of their deposit.
Landlords’ Rights
The deposit protects not only the tenant’s rights but also the landlord’s rights. If the tenant has not paid the rent, has caused damage to the property, or has not paid ancillary expenses such as maintenance fees, the landlord has the right to deduct the amount from the deposit.
However, it is unlawful for landlords to refuse to return the deposit at their discretion. Courts have ruled that deductions from the deposit can only be made for justified and documented claims. Therefore, landlords must also conduct the process in a transparent and documented manner.
Supreme Court Decisions in 2025
The Court of Cassation guides practice with its decisions on deposit refunds. As of 2025, the Court of Cassation clearly emphasizes that the deposit must be refunded after all of the tenant’s debts have been settled. There are also decisions stating that deposits taken in cash are invalid.
These decisions clarify how both tenants and landlords should act. In practice, the rulings stating that the deposit can be up to three months’ rent and must be paid into a bank account are particularly noteworthy.
The Importance of Legal Support
Although deposit refunds may seem like a simple matter at first glance, the legal processes involved can often become complicated. Failure to gather evidence correctly or mishandling the process can result in a loss of rights.
Atakan Ayhan Law Firm provides professional support to tenants in deposit refund cases, representing our clients from arbitration panel applications to court proceedings. In this way, we help ensure that the process is completed quickly, correctly, and without any loss of rights.
Kira sözleşmelerinde depozito, hem kiracıyı hem de ev sahibini koruyan bir güvence mekanizmasıdır. Ancak uygulamada en çok sorun çıkaran konulardan biri, depozitonun iadesidir. Türk Borçlar Kanunu, bu konuda hem kiracıyı hem de ev sahibini güvence altına alırken, Yargıtay kararları uygulamaya yön vermektedir.
If the tenant has no rent debt, the property without damage has been handed over if and all obligations has been fulfilled by the tenant the deposit shall be refunded by the landlord. Otherwise in such a case legal measures refund may be requested by legal means. In this process, professional legal support should be obtained is the most correct way to prevent losses of rights.
