According to Article 342 of the TCC, if the deposit is decided to be given in money or valuable paper in residential and roofed workplace leases, the tenant deposits the money in a term account that cannot be withdrawn without the approval of the lessor; and stores the valuable paper in a bank.<\/p>\n
Article 342 of the Turkish Code of Obligations regulates that the bank will return the deposit, which is the security deposit, only with the consent of both parties or based on a finalized enforcement proceeding or court decision. In addition, if the lessor does not notify the bank in writing that he has filed a lawsuit or initiated a proceeding against the tenant regarding the lease agreement within three months following the termination of the lease agreement, the bank will be obliged to return the security deposit upon the request of the tenant.<\/p>\n
According to Article 342 of the TCC, the deposit amount is limited in residential and roofed workplace lease agreements and cannot exceed three months’ rent. 3 Deposit amounts agreed upon above the rental fee will be deemed invalid due to partial nullity.<\/p>\n
With the Presidential Decree No. 85, it has been decided that the rental fees of Real Estate Rental Agreements to be made between persons resident in Turkey cannot be determined in foreign currency or indexed to foreign currency, however, it is possible to determine the deposit amount in foreign currency.<\/p>\n
In order for the lessor to make a deduction from the deposit, there must be a damage beyond the wear and tear resulting from normal use of the real estate. Because, according to Article 334 of the TCC, the tenant is not responsible for normal wear and tear occurring in the rented real estate due to its use in accordance with the contract. Therefore, it is against the law for lessors to make deductions due to normal wear and tear on the rented property.<\/p>\n
In addition; According to the decision of the 6th Civil Chamber of the Supreme Court of Appeals numbered 2014\/2287 E. and 2014\/4118 K. and the decision of the 3rd Civil Chamber of the Supreme Court of Appeals numbered 2021\/5500 E. and 2021\/10204 K.; if the lease agreement does not include the provision that “interest or any excess cannot be claimed from the down payment and deposit given by the tenant” and if the deposit amount is arranged as “one rental fee\/two rental fees” without clearly stating the amount; the tenant will have the right to claim back the deposit based on the rent in force at the end of the lease agreement, not the rent paid to the lessor as of the lease agreement. However, if the amount is clearly stated in the lease agreement as “in the amount of …. TL” and it is clearly stated in the lease agreement that no excess can be claimed, the specified deposit amount will be returned to the tenant.","protected":false},"excerpt":{"rendered":"
The deposit, also known as the security deposit, can be defined as money or valuable paper given by the tenant to secure the damages that the lessor may suffer due to the lease agreement. According to Article 342 of the TCC, if the deposit is decided to be given in money or valuable paper in […]<\/p>\n","protected":false},"author":12,"featured_media":6133,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1,45],"tags":[],"class_list":["post-6132","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-makaleler","category-blog"],"_links":{"self":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/6132","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=6132"}],"version-history":[{"count":2,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/6132\/revisions"}],"predecessor-version":[{"id":6135,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/6132\/revisions\/6135"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/6133"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=6132"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=6132"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=6132"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}