What Can a Foreign Tenant Do If the Landlord Refuses to Return the Security Deposit in Türkiye?

One of the most common disputes faced by foreigners renting apartments in Türkiye arises at the end of the tenancy.

The foreign tenant vacates the apartment, returns the keys and expects the landlord to return the security deposit.

The landlord then says:

“The apartment needs painting.”

“The furniture is old.”

“There are scratches on the floor.”

“I will calculate the expenses later.”

“You left before the end of the contract.”

“I will not return the deposit.”

Sometimes the landlord simply stops responding.

In other cases, the tenant has already left Türkiye and the landlord assumes that recovering the money from abroad will be too difficult.

However, a landlord does not have an unrestricted legal right to retain a foreign tenant’s security deposit.

Security deposits in residential lease relationships are specifically regulated by the Turkish Code of Obligations No. 6098 (Türk Borçlar Kanunu – TBK).

Under Article 342, where a residential or roofed workplace lease requires the tenant to provide security, the amount of the security cannot exceed three months’ rent. Where the security consists of money, the statutory model requires the amount to be placed in a savings account at a bank in a manner preventing withdrawal without the landlord’s consent.

The deposit exists to secure legitimate claims arising from the tenancy.

It is not additional rent, a gift to the landlord, an automatic painting fee or a penalty that the landlord becomes entitled to keep merely because the tenancy has ended.

If the tenant has:

• paid all rent,
• paid the legally chargeable utility and common expenses,
• returned the property,
• returned the keys,
• and caused no damage beyond ordinary wear and tear,

the landlord will generally have no legal basis to retain the deposit indefinitely.

A foreign tenant whose landlord refuses to refund the deposit may therefore use several legal remedies, including a written demand, mandatory mediation, enforcement proceedings and, where necessary, a claim before the competent Turkish court.

Do Foreign Tenants Have the Same Right to Recover a Deposit as Turkish Tenants?

Generally, yes.

Turkish residential tenancy law does not create a separate rule allowing landlords to keep a security deposit simply because the tenant is a foreign citizen.

A foreign national renting an apartment in Istanbul, Antalya, Ankara, Izmir, Bursa or elsewhere in Türkiye can rely on the relevant provisions of the Turkish Code of Obligations in the same ordinary landlord-tenant relationship.

The following factors do not by themselves allow the landlord to confiscate the security deposit:

• the tenant’s foreign nationality;
• the tenant’s residence permit expiring;
• the tenant moving abroad;
• the tenant no longer having a Turkish address;
• the tenant not speaking Turkish;
• or the landlord believing that the tenant will not initiate proceedings from abroad.

Immigration law and tenancy law are different legal fields.

A foreigner’s residence permit may create separate obligations under Law No. 6458 on Foreigners and International Protection, but it does not transfer ownership of the rental deposit to the landlord.

What Is a Security Deposit Under Turkish Rental Law?

The security deposit is referred to in Turkish practice as depozito or, in the terminology of Article 342, güvence.

Its purpose is to secure certain legitimate obligations of the tenant arising from the rental relationship.

For example, depending on the lease and circumstances, the landlord may potentially rely on the security for:

• unpaid rent;
• unpaid expenses for which the tenant is legally responsible;
• missing items delivered with the apartment;
• damage caused by improper use;
• and other proven contractual debts properly chargeable to the tenant.

However, the deposit does not automatically belong to the landlord merely because one of these issues is alleged.

The landlord must be able to identify and, in a dispute, substantiate the claim being deducted.

How Much Security Deposit Can a Landlord Request in Türkiye?

Article 342 of the Turkish Code of Obligations contains a clear limitation for residential and roofed workplace leases.

If the parties agree that the tenant must provide security, the amount cannot exceed three months’ rent.

For example, if the monthly rent is TRY 40,000, a landlord should not contractually require a security deposit exceeding:

TRY 120,000

under the Article 342 limit.

This rule is especially relevant to foreign tenants because some landlords request:

• six months’ rent as a deposit;
• one year’s rent as “security”;
• or large payments described ambiguously as a “guarantee.”

Prepaid rent and a security deposit are legally different concepts.

The true character of a payment should therefore be examined rather than relying solely on the label chosen by the landlord.

Should the Security Deposit Be Paid Directly to the Landlord?

Article 342 establishes a special protective mechanism.

Where money is agreed as security, the statutory system provides that the tenant deposits the money in a savings account at a bank, structured so that it cannot be withdrawn without the landlord’s consent.

If negotiable instruments are used as security, they are deposited with a bank.

The bank may release the security only:

• with the consent of both parties;
• following the finalisation of enforcement proceedings;
• or on the basis of a final court judgment.

The purpose of this arrangement is obvious.

It prevents either party from unilaterally controlling the deposit during the tenancy.

In practice, however, many landlords in Türkiye still receive deposits directly in cash or by bank transfer.

A tenant who paid the deposit directly to the landlord should not conclude that the money can never be recovered.

The payment should instead be proven using documents such as:

• the rental contract;
• bank transfer records;
• written receipts;
• WhatsApp correspondence;
• emails;
• or other evidence confirming payment.

What Is the Three-Month Rule for Returning a Bank Security Deposit?

Article 342 contains an important special rule where the security has been deposited with a bank in accordance with the statutory mechanism.

If, within three months after termination of the lease, the landlord has not notified the bank in writing that:

• a lawsuit relating to the lease has been filed against the tenant;
• enforcement proceedings have been initiated;
• or bankruptcy proceedings have been commenced,

the bank must return the security to the tenant upon the tenant’s request.

This three-month rule is often misunderstood.

It does not mean that every landlord who personally holds a cash deposit has an unrestricted right to keep the money for three months for no reason.

The statutory three-month mechanism specifically concerns the release of security held by the bank under Article 342.

Where the landlord directly holds the money, the refund obligation and any alleged deductions must be analysed according to the lease, termination, return of the property, maturity of the claim and the landlord’s alleged counterclaims.

When Is the Landlord Entitled to Deduct Money from the Deposit?

A landlord may have legitimate claims.

For example, assume that the tenant leaves:

• two months of unpaid rent;
• unpaid utility charges that the tenant was responsible for;
• a broken door caused by misuse;
• missing furniture listed in the inventory;
• or serious damage to the kitchen.

The landlord may potentially claim these amounts and seek to offset them against the security deposit.

However, the landlord cannot simply announce an arbitrary number.

The claimed loss should be identifiable and capable of proof.

Invoices, expert findings, photographs, delivery records, inventories, repair bills and other documents may become relevant.

The deposit should not be treated as a predetermined compensation amount automatically belonging to the landlord.

Can a Landlord Keep the Deposit Because the Apartment Needs Painting?

Not automatically.

This is one of the most common disputes.

Article 334 of the Turkish Code of Obligations provides that the tenant must return the leased property in the condition in which it was received at the end of the tenancy.

However, the same provision expressly protects tenants from liability for deterioration and wear resulting from contractually compliant ordinary use.

This means a crucial distinction must be made between:

ordinary wear and tear

and

damage caused by improper or excessive use.

For example, after several years of normal residential occupation, it is expected that:

• paint may fade;
• walls may show ordinary marks;
• flooring may display reasonable signs of use;
• fixtures may age;
• and furniture may naturally depreciate.

The landlord cannot necessarily charge the tenant as if every item must be returned completely new.

What Is Normal Wear and Tear Under Turkish Law?

Normal wear and tear refers to deterioration naturally resulting from reasonable use of the rented property.

Turkish Court of Cassation case law consistently distinguishes ordinary use from hor kullanma, meaning improper, excessive or damaging use.

The Court of Cassation has held that a tenant is not responsible for deterioration arising from normal contractual use and is responsible essentially for damage resulting from improper use. In determining the amount of damages, the duration and purpose of occupation must be considered.

The Court has also emphasised that damage assessments should distinguish item by item between ordinary wear and damage caused by improper use, and that appropriate depreciation should be deducted from repair or replacement calculations.

This is extremely important.

A landlord cannot necessarily replace an old, heavily used ten-year-old item with a brand-new one and charge the entire new purchase price to the departing tenant.

Depreciation and the existing age and condition of the property may matter.

Examples of Normal Wear and Tear

Depending on the duration of the tenancy and the initial condition of the property, ordinary wear may potentially include:

• faded wall paint;
• minor wall marks;
• ordinary floor wear;
• ageing grout;
• worn handles;
• ordinary deterioration of frequently used fittings;
• faded curtains;
• normal carpet wear;
• and ageing of household appliances through ordinary use.

Whether something is ordinary deterioration always depends on the facts.

A small wall mark after five years of occupation is very different from a deliberately broken wall.

Examples of Damage That May Be Deducted from the Deposit

By contrast, the tenant may potentially be liable for damage such as:

• deliberately broken doors;
• smashed windows;
• damaged furniture beyond normal use;
• missing appliances;
• large holes or structural damage caused by the tenant;
• damage resulting from unauthorised alterations;
• or destruction arising from improper use.

The legal question is not whether the apartment looks “used.”

The question is whether the tenant caused loss beyond the deterioration expected from proper use.

What Does the Court of Cassation Say About Deposit Deductions?

Turkish Court of Cassation decisions provide useful guidance.

In a 2023 decision, the 3rd Civil Chamber reiterated that the tenant is responsible for damage resulting from improper use but not ordinary deterioration. It also confirmed that proven damage may be deducted from the security deposit.

Likewise, earlier Court of Cassation decisions emphasise that:

• ordinary use must be separated from improper use;
• the duration of the tenancy must be considered;
• depreciation should be deducted;
• and the landlord should establish the actual loss rather than rely on a general estimate.

Therefore, a statement such as:

“The apartment needs TRY 150,000 of renovation, so I am keeping your entire deposit”

does not by itself prove a legally valid deduction.

Must the Landlord Notify the Tenant About Damage When the Property Is Returned?

This is another extremely important rule.

Article 335 of the Turkish Code of Obligations provides that when the leased property is returned, the landlord must inspect its condition and immediately notify the tenant in writing of deficiencies and defects for which the tenant is responsible.

If the landlord fails to provide the required notification, the tenant is generally released from responsibility concerning defects that could have been discovered through an ordinary inspection at the time of return.

An exception exists for hidden defects that could not reasonably have been identified during the initial inspection. When such hidden defects are later discovered, the landlord must again notify the tenant immediately.

This provision can become decisive in deposit disputes.

For example:

The tenant returns the apartment on 1 September.

The landlord accepts the keys and says nothing.

Two months later, the landlord claims that every wall, door and floor was severely damaged and refuses to return the deposit.

The timing of the landlord’s notification may become legally significant under Article 335.

Why Is a Key Handover Protocol So Important?

Many deposit disputes arise because the parties fail to document the end of the tenancy properly.

A foreign tenant should ideally obtain a written handover protocol when leaving the apartment.

The document can record:

• the date possession was returned;
• the number of keys delivered;
• meter readings;
• condition of the apartment;
• furniture and appliances;
• whether rent has been paid;
• whether utilities remain outstanding;
• and whether the landlord has identified any damage.

The document should preferably be signed by both parties.

Proof of key delivery is especially important because simply leaving the apartment does not always provide clear proof of when possession was legally returned.

A landlord may later argue that the keys were not delivered and that rental obligations continued.

Should the Tenant Take Photos and Videos Before Leaving?

Yes.

This is one of the most effective practical precautions.

The tenant should record the apartment immediately before handing it over.

Useful evidence may include:

• detailed photographs of every room;
• continuous video showing the entire apartment;
• photographs of walls and flooring;
• appliances shown operating;
• furniture;
• bathrooms;
• kitchen;
• windows;
• doors;
• meter readings;
• and keys.

The tenant should also preserve photographs taken when first moving into the property.

The most persuasive evidence can often be a comparison between:

the condition at the start of the tenancy

and

the condition at the end.

This can help distinguish pre-existing defects from damage allegedly caused by the tenant.

What If There Was No Initial Inventory or Handover Report?

The dispute becomes more difficult but not impossible.

The parties may rely on other evidence.

Examples include:

• rental advertisements;
• photographs from the estate agent;
• WhatsApp messages;
• videos;
• building management records;
• repair invoices;
• witness statements where admissible and relevant;
• and expert examination.

A landlord claiming that expensive furniture was delivered in perfect condition should be expected to substantiate the factual basis of that assertion if the matter becomes disputed.

Similarly, the tenant should preserve evidence showing the condition in which the property was originally received.

Can the Landlord Deduct Unpaid Rent from the Deposit?

Potentially, yes.

The deposit secures obligations arising from the tenancy.

If the tenant genuinely owes rent when leaving, the landlord may assert that debt against the deposit.

For example:

Security deposit: TRY 90,000

Proven unpaid rent: TRY 40,000

No other debt or damage exists.

The existence of TRY 40,000 of unpaid rent would not normally justify retaining the entire TRY 90,000 indefinitely.

The remaining balance should be accounted for and returned, subject to the particular contractual and factual circumstances.

Court of Cassation case law recognises that legitimate rental debts and proven improper-use damages may be offset against the deposit.

Can the Landlord Deduct Unpaid Utility or Building Charges?

Possibly, where those amounts are legally the tenant’s responsibility.

Article 341 of the Turkish Code of Obligations generally makes the tenant responsible for usage-related costs such as heating, lighting and water unless otherwise agreed or local custom provides differently.

The party paying such expenses must, upon request, provide copies of documents proving them.

Therefore, if the landlord says:

“You owe TRY 25,000 in bills,”

the tenant should request documentation.

The landlord should not simply invent a round figure and deduct it from the deposit.

Can the Landlord Deduct Building Maintenance Costs?

Not every building or condominium expense is automatically chargeable to the tenant.

A distinction may need to be made between ordinary usage expenses for which the tenant is responsible and ownership-related or extraordinary expenses for which the owner may remain responsible.

The lease agreement, condominium records and nature of the expense should therefore be examined.

Foreign tenants should not assume that every amount appearing on a building management statement can automatically be deducted from their deposit.

What If the Tenant Leaves the Apartment Before the Lease Ends?

This can create an additional claim.

Article 325 of the Turkish Code of Obligations provides that where a tenant returns the property before the end of the contractual period or without complying with the applicable termination period, obligations arising from the lease may continue for a reasonable period during which the property could be re-let under similar conditions.

The tenant may be released earlier if a suitable new tenant who can reasonably be accepted by the landlord is found. The landlord must also deduct expenses saved and benefits obtained or deliberately avoided from alternative use of the property.

Therefore, a foreign tenant should not assume:

“I returned the keys, so there can never be another rental claim.”

At the same time, the landlord cannot necessarily retain an unlimited amount or charge rent through the entire remaining contractual period regardless of whether the apartment was quickly rented to somebody else.

The real financial consequences must be calculated under Article 325.

Can the Landlord Keep the Entire Deposit as a Penalty Because the Tenant Left Early?

Not automatically.

The existence of early termination and the existence of a security deposit are related but separate questions.

The landlord must establish the amount legally owed under the lease and applicable law.

If the landlord suffered a genuine recoverable loss, it may potentially be offset.

But the statement:

“You left early, therefore you automatically lose the entire deposit”

does not replace the legal calculation required under Turkish law.

What If the Deposit Was Paid in US Dollars or Euros?

This is especially common in leases involving foreign tenants.

The first step is to examine the rental agreement and payment documents.

If the parties agreed that the security deposit was USD 3,000, for example, rather than merely recording the Turkish-lira equivalent of a payment, the currency of the deposit may become important when determining the refund.

Court of Cassation decisions have dealt with deposits denominated in foreign currency and have recognised the importance of the contractual wording and applicable exchange-rate calculation when the deposit must be offset or refunded.

In a recent case concerning a contract providing for a USD-denominated deposit and repayment in dollars where no debt or damage existed, the currency denomination formed an important part of the dispute.

For this reason, a foreign tenant who paid USD or EUR should not automatically accept repayment of the historical Turkish-lira equivalent without reviewing the contract.

What If the Landlord Sold the Apartment During the Tenancy?

Sale of the apartment can complicate the question of who must return the deposit.

The answer may depend on:

• who originally received the deposit;
• contractual provisions;
• whether obligations were transferred;
• communications between old and new owners;
• and the circumstances of the property transfer.

Court of Cassation case law has recognised situations in which a tenant could pursue the landlord who received the deposit even though the property was subsequently sold during the dispute.

Accordingly, a tenant should identify exactly:

Who received the security deposit?

Was the deposit transferred to the new owner?

Is there documentary evidence?

The correct defendant should be determined before litigation.

What Should the Tenant Do First If the Landlord Refuses to Return the Deposit?

The first step should usually be to create a clear written record.

The tenant can send a written demand identifying:

• the rental property;
• date the lease ended;
• date the keys were returned;
• amount and currency of the deposit;
• confirmation that rent and relevant expenses have been paid;
• request for identification and documentation of any alleged deduction;
• amount demanded for refund;
• bank account details;
• and a reasonable payment deadline.

Depending on the circumstances, sending a formal notice through a Turkish notary may provide stronger evidence of the demand and its delivery.

This can also become relevant to default and interest.

Can the Tenant Claim Interest on an Unreturned Security Deposit?

Potentially, yes.

Under Article 117 of the Turkish Code of Obligations, where a due debt has no separately determined payment date, the debtor generally falls into default following a notice from the creditor.

Where the date of performance has already been determined, default may occur without a separate notice upon expiry of that date.

For this reason, a clear written demand for repayment may be important not only as evidence but also in determining the starting point of default interest.

The applicable interest rate and commencement date should be assessed according to:

• the currency of the debt;
• contractual provisions;
• the nature of the claim;
• and the circumstances in which the landlord entered default.

Is Mandatory Mediation Required Before Filing a Deposit Refund Lawsuit?

Yes, as a general rule for a court action arising from the rental relationship.

Since 1 September 2023, disputes arising from rental relationships have generally been subject to mandatory mediation before filing a lawsuit.

Article 18/B of Law No. 6325 expressly places disputes arising from rental relationships within mandatory mediation, with a specific exception concerning the statutory summary eviction procedure through enforcement proceedings.

The Ministry of Justice also confirms that rental disputes became subject to mandatory pre-litigation mediation from 1 September 2023.

A dispute over the return of a residential security deposit arises directly from the lease relationship.

Therefore, before filing the ordinary deposit refund lawsuit, the tenant should generally complete the mandatory mediation procedure.

What Can Be Agreed During Mediation?

Deposit disputes are particularly suitable for mediation because the amounts are usually identifiable.

The parties may agree that:

• the entire deposit will be returned;
• a specific repair amount will be deducted;
• the balance will be refunded;
• unpaid bills will be calculated and deducted;
• payment will be made in instalments;
• foreign currency will be returned in the agreed currency;
• or all remaining claims arising from the tenancy will be mutually settled.

For a foreign tenant who has already left Türkiye, reaching an enforceable settlement can sometimes be commercially preferable to lengthy litigation.

However, the wording of the settlement should be reviewed carefully because a broad waiver may affect other claims arising from the lease.

Can a Foreign Tenant Start Enforcement Proceedings for the Deposit?

Depending on the circumstances, a monetary enforcement proceeding may be considered.

If the amount of the security deposit is documented and due, the tenant may potentially initiate enforcement proceedings seeking payment.

The landlord may pay or may object.

If the landlord objects, further legal steps may become necessary, and the tenant may need to pursue the appropriate judicial remedy.

Because deposit disputes often involve arguments such as:

• property damage;
• unpaid rent;
• unpaid expenses;
• early termination losses;
• or set-off,

the claim may require evidentiary examination before the court.

A 2023 Court of Cassation decision concerning a deposit dispute specifically noted that where determining the deposit balance required evaluation of damage and deductions through expert reports, the debt was not necessarily “liquid” for purposes of enforcement-denial compensation.

This illustrates why the appropriate procedural strategy should be selected according to the strength and complexity of the evidence.

Which Court Handles a Security Deposit Refund Case?

Disputes arising from lease relationships, including claims relating to rental receivables, fall within the jurisdiction of the Civil Court of Peace (Sulh Hukuk Mahkemesi) regardless of the monetary value of the dispute.

Article 4 of the Code of Civil Procedure No. 6100 expressly assigns rental disputes, including claims arising from the rental relationship, to the Civil Courts of Peace.

Therefore, following completion of mandatory mediation where required, a deposit refund claim will generally be pursued before the competent Civil Court of Peace.

Territorial jurisdiction must also be determined under the applicable procedural rules.

How Long Does a Tenant Have to Claim an Unreturned Deposit?

Deposit claims should not be delayed.

Under Article 146 of the Turkish Code of Obligations, the general limitation period for claims is ten years unless another statutory period applies.

A security deposit refund claim arising from the lease is generally evaluated within this general contractual limitation framework rather than as a periodic rental payment subject to the separate five-year rule.

Nevertheless, waiting years before pursuing the deposit is strategically unwise.

Evidence becomes harder to obtain.

Landlords change address.

Properties are sold.

Bank records become more difficult to trace.

Witnesses forget details.

Photographs and correspondence may be lost.

A tenant should therefore act promptly once it becomes clear that the landlord will not voluntarily return the money.

Can a Foreign Tenant Recover the Deposit After Leaving Türkiye?

Yes.

Leaving Türkiye does not automatically extinguish a contractual claim against the landlord.

A foreign tenant who has returned to:

• the United Kingdom;
• Germany;
• France;
• the United States;
• Russia;
• Iran;
• the Gulf states;
• or another country

may still pursue a deposit claim in Türkiye.

Depending on the procedure, the foreign tenant may appoint a Turkish lawyer through an appropriate power of attorney and pursue the claim without permanently returning to Türkiye.

The exact formalities depend on where the power of attorney is executed and applicable authentication requirements.

Therefore, landlords should not assume that the tenant’s departure from Türkiye prevents legal recovery.

Does an Expired Residence Permit Prevent the Tenant from Suing?

No.

A residence permit is an immigration status.

A security deposit claim is a private-law receivable arising from the rental agreement.

A foreigner does not lose an existing contractual claim simply because the residence permit later expires.

Similarly, a foreigner who has left Türkiye may still have legal rights arising from:

• unpaid deposits;
• prepaid rent;
• damages;
• contractual payments;
• or other tenancy disputes.

The relevant claim must be evaluated independently from immigration status.

What Evidence Should a Foreign Tenant Collect?

A strong deposit claim usually begins with good documentation.

Important evidence may include:

• the signed lease agreement;
• proof of payment of the deposit;
• bank transfer receipts;
• receipts issued by the landlord or estate agent;
• documents showing the currency of the deposit;
• move-in photographs and videos;
• move-out photographs and videos;
• inventory lists;
• key handover protocol;
• messages confirming delivery of the keys;
• rent payment records;
• electricity, water and gas bills;
• condominium or site management statements;
• correspondence concerning alleged damage;
• repair invoices sent by the landlord;
• WhatsApp messages;
• emails;
• notarial notices;
• and the mandatory mediation final report.

A foreign tenant should preserve these records even after leaving Türkiye.

What If the Landlord Claims Damage but Has No Invoice?

The absence of an invoice does not necessarily mean that the landlord can never prove damage.

However, a bare allegation may not be sufficient in a contested case.

The court may consider:

• photographs;
• expert evidence;
• invoices;
• inspection reports;
• handover records;
• witness evidence where appropriate;
• and other documents.

The Court of Cassation has repeatedly required a careful distinction between damage arising from improper use and ordinary deterioration, including an assessment of depreciation.

Therefore, an unsupported list prepared by the landlord after the tenant has left should not automatically be treated as conclusive proof.

What If the Landlord Renovates the Entire Apartment and Charges the Tenant?

The tenant is not automatically responsible for a full renovation.

Assume a tenant has lived in an apartment for six years.

After the tenant leaves, the landlord:

• repaints the entire property;
• installs a new kitchen;
• replaces old flooring;
• purchases new appliances;
• and renovates the bathrooms.

The landlord then attempts to deduct all renovation costs from the deposit.

This would require careful examination.

The security deposit is not designed to finance the landlord’s general property improvement.

The tenant may be responsible for proven damage caused through improper use, but ordinary age, depreciation and normal wear remain relevant.

Court of Cassation case law specifically requires depreciation to be considered when calculating improper-use damages.

What If the Landlord Says the Entire Deposit Is “Non-Refundable”?

A clause merely calling a residential security deposit “non-refundable” should be treated cautiously.

The legal substance of the payment matters.

If a payment is truly security under Article 342, its purpose is to secure legitimate obligations rather than to provide the landlord with an automatic additional payment at the end of the lease.

Turkish residential tenancy law also contains mandatory protections preventing contractual arrangements from overriding statutory tenant protections in various contexts.

A landlord cannot necessarily transform a refundable security deposit into an automatic penalty merely by using the phrase “non-refundable deposit.”

The individual clause and actual purpose of the payment should be legally examined.

Practical Example 1: No Damage and All Rent Paid

A foreign tenant pays a TRY 90,000 deposit.

At the end of the tenancy:

• all rent has been paid;
• utilities are clear;
• no furniture is missing;
• the apartment is returned normally;
• and the landlord accepts the keys.

The landlord nevertheless says:

“I always keep deposits.”

There is no automatic legal basis for this approach.

The tenant may demand repayment and, if necessary, initiate the applicable mediation and legal recovery procedures.

Practical Example 2: Minor Normal Wear

A tenant has lived in the apartment for four years.

When leaving, the walls show ordinary signs of residential use and the flooring has normal ageing.

The landlord demands the entire deposit to repaint and renovate the apartment.

Article 334 and Court of Cassation case law require a distinction between ordinary deterioration and improper-use damage.

Ordinary wear cannot automatically be charged to the tenant as though the tenant were responsible for returning a four-year-used property in brand-new condition.

Practical Example 3: Actual Damage Exists

A tenant has caused substantial damage to a door and broken furniture belonging to the landlord.

The documented damage is TRY 30,000.

The deposit is TRY 100,000 and there are no other debts.

The landlord may have grounds to deduct the proven TRY 30,000.

That does not automatically justify retaining the remaining TRY 70,000.

The deposit should be reconciled with the actual established obligations.

Practical Example 4: The Landlord Invents Damage After Accepting the Keys

The landlord inspects the apartment, accepts the keys and signs a handover document without identifying any damage.

Several weeks later, the landlord claims that the property had extensive visible defects.

Article 335 may become particularly relevant because the landlord must immediately notify the tenant of observable defects identified upon return.

The existence and timing of any written notification should therefore be examined.

Practical Example 5: The Tenant Leaves Türkiye

A foreign tenant leaves Istanbul and returns to another country.

The landlord stops responding and retains a EUR 4,000 deposit.

The tenant still has:

• the rental contract;
• bank payment receipt;
• handover protocol;
• photographs showing the condition of the property;
• and WhatsApp messages confirming the landlord received the keys.

The tenant does not automatically lose the claim by leaving Türkiye.

Legal proceedings may still be pursued in Türkiye through appropriate representation.

Frequently Asked Questions About Security Deposits in Türkiye

How much deposit can a landlord legally request?

For residential and roofed workplace leases, Article 342 provides that the security cannot exceed three months’ rent.

Must the deposit be held in a bank?

Where money is agreed as security, Article 342 establishes a bank-deposit mechanism under which the money cannot be withdrawn without the landlord’s consent.

Does the landlord automatically have three months to return my cash deposit?

The three-month rule in Article 342 specifically concerns the bank’s release of security where the statutory bank mechanism has been used. It should not be interpreted as an unrestricted right to hold every cash deposit for three months.

Can the landlord deduct unpaid rent?

Yes, a genuine and proven rental debt may potentially be offset against the security.

Can the landlord deduct painting costs?

Not automatically. Normal deterioration arising from ordinary use is not the tenant’s responsibility under Article 334.

What is normal wear and tear?

It is deterioration reasonably expected from proper use of the apartment over time. The duration and purpose of occupation are relevant.

Can the landlord charge me for a completely new item if an old item was damaged?

The calculation should consider the actual loss and depreciation. Court of Cassation decisions emphasise deducting depreciation when assessing improper-use damage.

What happens if the landlord did not complain when I returned the apartment?

Article 335 requires immediate written notification of observable defects. Failure to notify can release the tenant from liability for defects discoverable through ordinary inspection, subject to the rule concerning hidden defects.

Do I need mediation before suing?

Generally yes. Rental disputes have been subject to mandatory pre-litigation mediation since 1 September 2023.

Which court hears a deposit refund case?

The Civil Court of Peace (Sulh Hukuk Mahkemesi) generally has jurisdiction over disputes arising from rental relationships.

Can I recover my deposit after leaving Türkiye?

Yes. Departure from Türkiye does not extinguish an existing contractual deposit claim.

Can I recover a deposit paid in USD or EUR?

Potentially yes. The contract and payment documents should be examined carefully to determine the correct currency and method of calculation.

What Should a Foreign Tenant Do Before Leaving a Rental Property in Türkiye?

A tenant can prevent many deposit disputes by taking several practical steps before departure.

Record the property.

Take detailed photographs and video immediately before leaving.

Pay and document all outstanding rent.

Keep bank payment receipts.

Resolve utilities.

Obtain final electricity, water, gas and relevant management statements.

Prepare a handover document.

Record the condition of the property and the key-delivery date.

Ask the landlord to identify damage immediately.

Do not accept vague statements that the landlord will “look later” where an inspection can be carried out at handover.

Record meter readings.

Photograph them.

Do not surrender evidence when returning the keys.

Retain copies of every document.

Request the deposit in writing.

State the amount, currency and bank account for repayment.

These precautions can substantially improve the tenant’s position if the dispute later reaches mediation or court.

Conclusion: A Landlord Cannot Arbitrarily Keep a Foreign Tenant’s Security Deposit in Türkiye

A security deposit is not automatically the landlord’s money.

Under Turkish residential tenancy law, it is security for legitimate obligations arising from the lease.

Article 342 of the Turkish Code of Obligations limits the security in residential and roofed workplace leases to a maximum of three months’ rent and establishes a protective bank mechanism where monetary security is used.

When the rental relationship ends, the landlord may have legitimate claims for:

• unpaid rent;
• unpaid expenses for which the tenant is responsible;
• missing property;
• or damage resulting from improper use.

However, every deterioration of the apartment is not legally chargeable to the tenant.

Article 334 expressly provides that the tenant is not responsible for wear and deterioration caused by ordinary use in accordance with the contract.

Turkish Court of Cassation case law reinforces this principle.

Damage caused by improper use must be distinguished from ordinary deterioration, and depreciation should be taken into account when calculating the landlord’s actual loss.

Article 335 provides an additional protection.

The landlord must inspect the property when it is returned and immediately notify the tenant in writing of observable defects for which the tenant is allegedly responsible. Failure to do so may release the tenant from responsibility for defects that could have been discovered during ordinary inspection.

For this reason, the following statements should not automatically be accepted as legally sufficient:

“I need to repaint, so I am keeping the entire deposit.”

“The furniture is old, therefore you must pay for new furniture.”

“You are leaving Türkiye, so I will not return your deposit.”

“The deposit is always non-refundable.”

“I will calculate the damages sometime in the future.”

The landlord must have a legally defensible basis for withholding the money.

Where a landlord refuses to return the security deposit, the tenant should first establish the evidence:

• proof that the deposit was paid;
• proof of the amount and currency;
• proof that the property and keys were returned;
• evidence of the apartment’s condition;
• proof that rent and relevant expenses were paid;
• and all communications with the landlord.

A written repayment demand should then be considered.

If the dispute cannot be resolved voluntarily, mandatory mediation will generally be required before an ordinary lawsuit arising from the rental relationship. Rental disputes have been subject to this system since 1 September 2023.

If no settlement is reached, the tenant may pursue the deposit before the competent Civil Court of Peace.

Depending on the evidence and nature of the debt, enforcement proceedings may also be considered.

Foreign tenants should particularly remember that leaving Türkiye does not destroy their contractual rights.

A tenant who has returned abroad may still pursue a landlord in Türkiye for a security deposit that has been unlawfully retained.

The strongest cases are usually those in which the tenant can clearly demonstrate:

the deposit payment,

the end of the lease,

the delivery of the keys,

the condition of the property at handover,

and

the absence of legitimate outstanding debts.

For landlords, the opposite principle applies.

A landlord who genuinely suffered damage is not required to return the entire security deposit without deduction. But the damage should be identified, documented and separated from ordinary wear.

The purpose of Turkish security-deposit law is therefore not to automatically favour either the landlord or tenant.

Its purpose is to ensure that the deposit secures actual legal obligations rather than becoming an arbitrary source of additional income for the landlord.

Legal Basis

The principal Turkish legal provisions relevant to security deposit disputes include:

Turkish Code of Obligations No. 6098

• Article 117 – Default of the debtor and the effect of notice
• Article 146 – General ten-year limitation period
• Article 313 – Tenant’s obligation to pay rent
• Article 316 – Tenant’s duty to use the rented property carefully
• Article 325 – Early return of the leased property
• Article 326 – Set-off rights arising from the lease
• Article 334 – Return of the leased property and ordinary wear and tear
• Article 335 – Landlord’s duty to inspect and immediately notify defects
• Article 339 – Scope of residential and roofed workplace lease protections
• Article 341 – Usage expenses
• Article 342 – Security deposits in residential and roofed workplace leases

Code of Civil Procedure No. 6100

• Article 4 – Jurisdiction of the Civil Court of Peace for disputes arising from rental relationships

Law No. 6325 on Mediation in Civil Disputes

• Article 18/B – Mandatory mediation for disputes arising from rental relationships

Relevant Court of Cassation Principles

Turkish Court of Cassation jurisprudence consistently recognises that:

• tenants are not liable for deterioration resulting from ordinary use;
• tenants may be liable for damage caused by improper or excessive use;
• ordinary wear and improper-use damage must be distinguished;
• depreciation should be considered when calculating damage;
• and proven tenant debts and improper-use damages may be offset against the security deposit.

See, among others:

• Court of Cassation 3rd Civil Chamber, E. 2017/8673, K. 2019/5189
• Court of Cassation 3rd Civil Chamber, E. 2017/8284, K. 2019/5038
• Court of Cassation 3rd Civil Chamber, E. 2022/6900, K. 2023/2022

Disclaimer: This article provides general information concerning Turkish landlord-tenant law. It does not constitute legal advice regarding a specific security deposit, rental agreement, property damage claim or enforcement proceeding. The rental agreement, deposit payment, handover documentation, alleged damages and applicable procedural requirements should be assessed individually.