Unknown Details about the Deposit: In Which Case Can the Deduction be Made? One of the most interesting issues for both tenants and landlords in housing rentals is the application of a deposit. This security fee, which is included in the lease agreements, may cause disputes between the parties from time to time. Dec. So, what is a deposit, in which cases can the deduction be made and how is the refund made? What is a Deposit, Why Is It Taken? A deposit is a security fee given by the tenant to the landlord as a guarantee for possible damages that may occur during the lease term. According to the Turkish Code of Obligations, this amount can be up to a maximum of three months' rental price. How Should the Deposit Be Paid? In order to avoid legal problems, it is recommended that the deposit be paid through the bank and not by hand. The safest method is to use a term “tenant security account” to be opened on behalf of the landlord. In this way, if there is no damage at the end of the rental period, the deposit can be returned directly to the tenant. In Which Cases Is the Deduction Made? The landlord can make deductions from the deposit only in certain cases. These are: The tenant's delivery of the house in a damaged way Unpaid invoice payables Ongoing rent arrears However, it is mandatory to document these damages. For example, the damage caused in the apartment should be determined by photographs or an expert report. If the landlord is unable to document the damage within 3 months after the tenant's exit, he is obliged to refund the entire deposit. Legal Process and Rights If there is a dispute about the refund of the deposit, tenants can apply to the consumer arbitration committee or the civil courts of peace. The Supreme Court decisions in recent years have strengthened the practice that the deposit is not owned by the landlord, but is only a temporary security. In particular, deductions made on abstract grounds such as "paint-whitewash has not been done" are considered invalid if the document cannot be submitted. What Should Be Done To Prevent Rights Losses? Tenants must pay the deposit through the bank and keep a record of the apartment delivery at the exit. Homeowners must prove the damages, if any, with written and visual documents. The deposit application provides security for both parties. However, it is of great importance to carry out a transparent and documented rental process in order to prevent disputes.