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When does the deposit refund process come up?

Once a rental agreement ends, the issue of deposit refund is usually clarified through the handover of the keys and an inspection of the property’s final condition. In practice, the tenant is expected to vacate the home, return the keys, and settle any outstanding dues, utility bills or similar obligations.

What matters in this process is distinguishing between normal wear and tear from everyday use and damage that is claimed to have been caused by the tenant. Minor marks on the walls over time or general aging from regular use are often considered normal, while broken fixtures, missing items or clear damage requiring repairs may be assessed separately.

Under the Turkish Code of Obligations, the purpose of the security deposit is to protect the landlord’s potential claims. However, that does not mean the deposit can be withheld automatically; any delay in returning it or making deductions must be based on a concrete reason.

In what situations can a landlord make deductions?

Landlord deductions can only be made for items that can be documented and linked to the tenant’s responsibility. To strengthen a deduction claim, a handover record prepared at move-out, photos, an expert assessment, invoices or similar supporting documents are important.

  • Unpaid rent, maintenance fees or additional charges that the contract clearly assigns to the tenant
  • Damage to fixtures, furniture or built-in installations that goes beyond normal use
  • Missing keys, remotes or equipment listed in the contract

By contrast, repainting the home before it is rented again, making a design change or carrying out more extensive renovations cannot be charged to the tenant on its own. What matters is whether the expense truly arose from the tenant’s use of the property and whether that can be proven.

Tenant rights and what to do in case of a dispute

As far as tenant rights are concerned, the most important step is to record the condition of the home in writing and, if possible, with photos or video at move-out. When meter readings, key handover and fixture checks are carried out together during the move-out process, it becomes easier to prevent later disputes.

What should be checked at move-out?

  • Preparing a handover report at the time of delivery
  • Checking utility bills and maintenance fees with up-to-date documents
  • Recording the property’s existing condition with photos or video

If the parties cannot agree on the deposit, they may first exchange written communication, request the documents supporting any deduction claims, and then consider legal remedies if needed. In particular, in disputed damage claims, the lease terms and the records made at handover play a decisive role.

In short, the return of a deposit is not an automatic dispute; it is a process governed by the contract, the handover procedure and the available documentation. If deductions are made, they are expected to be reasonable, proportionate and backed by concrete evidence.

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