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Coverage

Rental deposit

Türkiye — güvence bedeli / depozito (Türk Borçlar Kanunu m. 342)

NationalTRRead off primary law

Türkiye

Rule id
deposit.tr
Version
1.0.0
In force from
July 1, 2012
Last read against its sources
August 5, 2026
Countries bound
Türkiye

In plain language

What this regime says.

A security deposit on a Turkish residential or roofed-workplace lease may not exceed three months’ rent, must go into a time-deposit account the landlord cannot draw on alone, and must be released by the bank to the tenant on request if the landlord has not notified the bank of commenced proceedings within three months of the lease ending.

Who is covered

Tenants under a konut veya çatılı işyeri kirası in Türkiye.

What you get

Release of the security, plus repayment of anything taken above three months’ rent. The three-month bank-release right is the fastest route and does not require the landlord’s co-operation.

Where claims go wrong

  • Handing the deposit over in cash. Article 342 contemplates a bank account, and cash removes the self-executing release with it.
  • Waiting for the landlord to sign a release when the three months have already run. Write to the bank.
  • Filing at the Sulh Hukuk Mahkemesi without mediation first, which is a procedural dismissal.
  • Accepting that the deposit "is" the last month’s rent. It is security, and set-off is not automatic.

Authority

Every citation,
with its pinpoint.

A claim that cites “EU law” gets filed. A claim that cites Article 7(1)(c) gets answered. These are the exact coordinates this entry rests on.
  1. Türk Borçlar Kanunu m. 3426098 sayılı Türk Borçlar KanunuURL verified 2026-08-05m. 342 (kiracının güvence vermesi: üç aylık kira bedeli üst sınırı; vadeli tasarruf hesabı; bankanın iade yükümlülüğü)
  2. Türk Borçlar Kanunu m. 1466098 sayılı Türk Borçlar KanunuURL verified 2026-08-05m. 146 (genel zamanaşımı: on yıl)

Sources

Where a figure is indexed, converted or published by a regulator rather than fixed in the instrument, the provenance is recorded separately. Anything marked as a modelled estimate is exactly that — a model, not a statutory number.

What it imposes

Clocks, defences and the ladder.

A rule module builds these while it evaluates, because a limitation period depends on which forum is open to you. What follows is the structure this regime produces — deliberately with no dates and no figures, because those belong to your facts rather than to the law.

The clocks it starts

  • Landlord’s three months from the end of the lease to notify the bank of proceedings (m. 342)Article 342 gives the landlord three months from the end of the lease to notify the bank in writing that they have brought a lawsuit, commenced enforcement proceedings or initiated bankruptcy proceedings against the tenant. If they do not, the bank is obliged to return the security to the tenant on the tenant’s request. This is a self-executing remedy: no court, no landlord signature.Türk Borçlar Kanunu m. 342 — m. 342 (kiracının güvence vermesi: üç aylık kira bedeli üst sınırı; vadeli tasarruf hesabı; bankanın iade yükümlülüğü)Filing window
  • Ten-year general limitation period (TBK m. 146)Fatal if missedArticle 146 provides that unless the law says otherwise every claim is subject to a ten-year limitation period. We have measured from the end of the lease, when the obligation to return the security fell due.Türk Borçlar Kanunu m. 146 — m. 146 (genel zamanaşımı: on yıl)Limitation period

What it entitles you to, beyond money

  • An itemised, evidenced account of every deductionAsk for invoices and dated photographs measured against the condition at handover. Under article 342 a deduction is not something the landlord simply takes — it is something they establish.m. 342 (kiracının güvence vermesi: üç aylık kira bedeli üst sınırı; vadeli tasarruf hesabı; bankanın iade yükümlülüğü)

What the other side will say

Each of these is a refusal this regime lets a counterparty attempt, paired with the answer to it. Reading them before you write is worth more than any amount of polish on the letter itself.

"We have told the bank we are making a claim"

high likelihood

The landlord writes to the bank asserting a claim, or simply refuses to sign the release, in order to keep the account frozen past the three-month mark.

What answers it

Article 342 requires the landlord to notify the bank in writing, within three months of the end of the lease, that they have brought a lawsuit, commenced enforcement proceedings (icra takibi) or initiated bankruptcy proceedings against the tenant. An assertion of intent is not any of those. Ask the landlord for the case or file number, and ask the bank in writing whether it has received a notification meeting the article. If it has not, the bank must return the security to you on your request.

Türk Borçlar Kanunu m. 342 — m. 342 (kiracının güvence vermesi: üç aylık kira bedeli üst sınırı; vadeli tasarruf hesabı; bankanın iade yükümlülüğü)

"Use the deposit as the last month’s rent — that is what it is for"

high likelihood

The landlord treats the security as prepaid rent, or refuses to return it because the tenant did not let them apply it that way.

What answers it

The güvence bedeli is security, not rent. Article 342 controls what happens to it and provides for its release by agreement, by finalised enforcement or by judgment — not by unilateral set-off. A landlord who applied it to rent without your agreement has to justify that like any other deduction.

Türk Borçlar Kanunu m. 342 — m. 342 (kiracının güvence vermesi: üç aylık kira bedeli üst sınırı; vadeli tasarruf hesabı; bankanın iade yükümlülüğü)

"We have always held deposits ourselves"

high likelihood

The landlord confirms the deposit sat in their own account, or in the agent’s, and treats that as normal practice rather than a breach.

What answers it

Where the statute says the money must be held somewhere specific — a blocked account in your name, a separate interest-bearing account, a savings book, a public deposit body — holding it anywhere else is a breach in its own right, not a matter of custom. It also means the interest the statute gives you was never earned, which the landlord must make good. Ask for the account details and the interest calculation in the same letter as the refund demand.

"We are still working out the costs"

high likelihood

The landlord holds the whole deposit indefinitely while quotes, invoices or utility bills are said to be pending.

What answers it

The statutory return period exists precisely so the landlord can obtain quotes and final bills inside it. It does not restart because they left it late, and it does not licence holding the whole deposit against one unquantified item. Ask them to return everything not genuinely in issue now, and to quantify the rest by a stated date.

"The property needed cleaning and redecorating"

high likelihood

The landlord charges for cleaning, carpet wear, scuffed paint or tired fittings and treats the deposit as a refurbishment fund.

What answers it

Fair wear and tear from ordinary use is not a recoverable loss in any of the regimes this product covers — a deduction must reflect damage or a breach beyond ordinary use, must be evidenced, and must be reduced for the age and remaining life of the item. Ask for the invoice, the check-in and check-out evidence, and the calculation.

"Prove you did not cause it"

high likelihood

The landlord asserts damage and expects the tenant to disprove it, often without a check-in inventory.

What answers it

It is the party seeking to keep the money who must justify keeping it. Where there is no dated check-in record to compare against, an adjudicator has nothing to measure the alleged damage from, and the deduction generally fails on that ground alone.

Where to take it next

  1. İhtarname through a notary (noter)A notarised ihtarname is the standard Turkish way to put the other side formally on notice and it creates a dated record a court will accept. Set out the security, the end date of the lease, and the sum demanded.Claim directtypically 15 days
  2. Written demand to the bank under m. 342Where the three months have run without the landlord notifying commenced proceedings, the bank is obliged to return the security on your request. This route does not need the landlord at all.Claim direct
  3. Arabuluculuk (compulsory mediation)Mediation is a precondition to suing on a tenancy dispute in Türkiye — filing without it gets the case dismissed on procedural grounds. The first session is generally without cost to the parties where no agreement is reached; confirm the current tariff with the mediation bureau (arabuluculuk bürosu) at the courthouse.Alternative dispute resolutiontypically 30 days
  4. Sulh Hukuk MahkemesiBinding on themLease disputes are heard by the Sulh Hukuk Mahkemesi. Bring the mediation minutes (son tutanak), the lease, the deposit receipt and the handover record.Courttypically 240 days

Documents

What this regime can produce.

Every one of these is a document you send yourself, in your own name. Duesday never writes to anybody on your behalf and is never anyone’s agent.

The same claim type elsewhere

Albania — rental deposit (Kodi Civil (Civil Code), qiraja)ALNationalAlbaniaKodi Civil (Civil Code), qirajaConfidence: lowAustria — rental deposit (Allgemeines Bürgerliches Gesetzbuch (ABGB) § 16b, and the Mietrechtsgesetz (MRG))ATNationalAustriaAllgemeines Bürgerliches Gesetzbuch (ABGB) § 16b, and the Mietrechtsgesetz (MRG)Confidence: lowBelgium — rental deposit (Regional housing codes: Vlaams Woninghuurdecreet, Décret wallon relatif au bail d’habitation, Code bruxellois du Logement)BENationalBelgiumRegional housing codes: Vlaams Woninghuurdecreet, Décret wallon relatif au bail d’habitation, Code bruxellois du LogementConfidence: lowBosnia and Herzegovina — rental deposit (The law of obligations of the relevant entity (Federation of Bosnia and Herzegovina or Republika Srpska) and the applicable housing legislation)BANationalBosnia & HerzegovinaThe law of obligations of the relevant entity (Federation of Bosnia and Herzegovina or Republika Srpska) and the applicable housing legislationConfidence: lowBulgaria — rental deposit (Закон за задълженията и договорите (Obligations and Contracts Act), наем)BGNationalBulgariaЗакон за задълженията и договорите (Obligations and Contracts Act), наемConfidence: lowCroatia — rental deposit (Zakon o najmu stanova and the Zakon o obveznim odnosima)HRNationalCroatiaZakon o najmu stanova and the Zakon o obveznim odnosimaConfidence: lowCyprus — rental deposit (Rent Control Law of 1983 (23/1983) for controlled tenancies, and the general law of contract)CYNationalCyprusRent Control Law of 1983 (23/1983) for controlled tenancies, and the general law of contractConfidence: lowCzechia — jistota / kauce (Občanský zákoník § 2254)CZNationalCzechiaObčanský zákoník (89/2012 Sb.), § 2254Confidence: high

Other rights in the same countries

Does this one reach your facts?

The engine runs every regime that could apply at once and reconciles them, rather than making you guess which page to read.

Not a law firm. Not legal advice. You send it yourself. This page describes a law; it is not advice about your situation and no outcome is promised.