The deposit fee, which is frequently included in rental agreements, serves as a guarantee that the tenant will fulfill its obligations in the contract. So, when and how will this fee be paid back when the lease agreement ends? Here’s what you need to know about the refund of the deposit:
How Much Should the Deposit Be?
According to Article 316 of the Turkish Code of Obligations No. 6098, the deposit amount should not exceed a maximum of three months’ rent. If a deposit exceeding this amount is received, the tenant may request the refund of the excess.
When is the Deposit Refunded?
The deposit is refunded when the rental agreement ends and the tenant vacates the house. The law orders that this process be done within three months at the latest.
Requirements for Deposit Refund:
Termination of the lease agreement and the tenant evacuating the house
The house must be intact when evacuated
Rent and other expenses have been paid
How to Refund the Deposit?
The deposit is usually refunded via the bank account. When a rental contract is concluded, a deposit is deposited into an account opened jointly by the tenant and the lessor, and when the contract ends, the refund is made through this account.
Things to Consider When Returning the Deposit:
A written request for the refund of the deposit must be made. This request can be made by petition or according to the procedure in the contract.
Before evacuating the house, the tenant must document the condition of the house with photographs or videos. In this way, unfair deductions from the deposit can be prevented.
If the deposit amount is returned incompletely or not at all, the tenant may seek his/her rights through legal means.
Legal Basis:
Article 316 of the Turkish Code of Obligations No. 6098
Questions and Answers about Deposit Refund:
Q: Is the deposit included in the rental price? A: No, the deposit is a separate security fee from the rental fee.
Q: Will the deposit be refunded if the tenant does not vacate the house? A: No, the deposit is not refundable until the tenant vacates the house.
Q: What can the deposit amount be used for? A: The deposit amount can be used by the tenant to cover any damages that may occur in the house or losses that may occur if the rent is not paid.
Q: Who refunds the deposit? A: The lessor returns the deposit.
