Dossier

The deposit: how not to lose your money when you move in

What to put in writing before you hand over the money, and why cash without a receipt leaves you with no proof.

Under the Turkish Code of Obligations (Law No. 6098), in force since 1 July 2012 and checked on 25 August 2026, a deposit for residential tenancy exists only when the lease creates the obligation, and it may not exceed three months' rent. If you pay in money or securities, the law requires the money to be placed on a term savings account and the securities to be held in bank custody, and neither can be withdrawn without the landlord's consent. Once the lease ends, the bank must return the deposit at your request unless the landlord has notified it in writing within three months after the lease ended that a lawsuit has been filed or that enforcement or bankruptcy proceedings have been started.

Is there a deposit in your lease at all?

A deposit is not an automatic part of renting in Türkiye. Under the Turkish Code of Obligations, a residential tenancy creates a deposit obligation only when the lease itself expressly provides for one. There is no general rule that a tenant must pay a deposit; the duty exists solely because the contract says so. If the lease says nothing about a deposit, none is owed, whatever the landlord or the agent may have said beforehand.

Before you pay anything, read the clause itself. The relevant question is not what was promised in a message or during a viewing, but what the signed document contains. If a deposit is mentioned, note the exact wording: who pays, how much, and under what conditions. If the clause is absent, do not let anyone treat the deposit as implied by custom or by the fact that other flats in the building ask for one.

This is a check to make before any money moves. Ask for a copy of the lease and locate the deposit provision. If the wording is vague or the amount is not stated, clarify it in writing with the landlord before you transfer anything.

How much can the landlord ask, and is this demand reasonable?

The legal ceiling is set by the Code. For a residential or roofed workplace tenancy, the deposit may not exceed three months' rent. This is a maximum, not a standard amount; the law fixes a cap, and any clause asking for more is beyond what the Code permits.

Within that cap, the amount is not fixed. A business publication, as of 24 April 2026, reports that in practice the deposit can depend on the value of the property, whether it is furnished, and the operational risks the landlord sees. Two similar flats can therefore carry different deposits without either breaching the cap, because the landlord weighs these factors differently.

Start with the cap: compare the requested deposit with three months' rent. Then ask the landlord how the value of the property, whether it is furnished and the operational risks led to the figure, as the business publication reported in April 2026. If the amount seems high, ask for that explanation before you agree.

Where does the deposit sit, and who can touch it?

The Code is specific about how a deposit may be held. If you pay money, it must be placed on a term savings account; if you give securities, they must be delivered to bank custody. This is not a choice left open to the parties for money and securities: the law prescribes these arrangements.

Neither the money nor the securities can be withdrawn without the landlord's consent. That means the deposit is not freely accessible to you while the lease runs; you cannot simply take it back if you change your mind or if a dispute arises. The landlord's consent is needed for any withdrawal.

Before you transfer any money, ask the landlord to specify how the deposit will be held. The answer should match what the Code requires: a term savings account for cash, bank custody for securities. If the proposed method differs, clarify and correct it before paying, because the statutory arrangement is part of your protection.

How do you pay so the money is traceable?

A bank transfer with a clear payment purpose is usually better protection than handing over cash without a receipt, according to a legal portal (as of October 2026). The transfer record shows the amount, the date and the reason, and helps if there is a later disagreement about whether the deposit was paid. Make the purpose explicit in the payment reference, so the bank record itself states what the money was for. The same portal recommends that the deposit be stated in the contract and confirmed by a document; a transfer with a clear purpose can serve as such a record.

Cash still occurs in some rental practices. According to one account of rental practice, as of 16 March 2026, a receipt showing the amount, the date and the purpose of the payment serves as proof that the obligation was performed. If you pay cash, get that receipt before you leave the room; without it, the cash payment is much harder to prove later.

A written record is what helps you later if the payment is disputed. A bank transfer leaves a bank statement with the amount, date and purpose; a cash receipt with the same details, as the rental-practice account reported in March 2026, does the same job. Whatever method you use, the goal is a document you can produce if the landlord later disputes whether the deposit was paid or what it was for.

What to record before you unpack

Before you unpack, have the condition of the property recorded. A lawyer's commentary (September 2026) recommends composing and signing an inventory of the condition of the property and, where possible, taking photographs at move-in. The absence of such a record often becomes the reason for disputes about deductions from the deposit.

The signed inventory and the photographs, as the lawyer's commentary recommended in September 2026, serve as your record of what was already worn, scratched or missing when you arrived. Without them, it is harder to show which damage predates your tenancy, and the landlord's claim against the deposit is more difficult to answer.

How do you get the deposit back when the lease ends?

After the lease ends, ask the bank for the deposit directly. The bank must pay out unless, within three months of the end date, the landlord has notified it in writing of a lawsuit, enforcement or bankruptcy proceedings. That three-month period runs from the date the lease ends. During that time, if the landlord stays silent in writing, the bank's obligation is to release the money to you on your request, without the landlord's separate approval.

If the landlord has given that written notice, the picture changes. The bank will not release the deposit on your request alone, because the money is now tied to the lawsuit or the proceedings the landlord has started. Your step is no longer to ask the bank for the deposit; the question of whether any of it is withheld or returned is settled inside the case the landlord brought.

The practical boundary is clear: a request to the bank works only while no written notice has arrived within those three months. Once such a notice exists, the bank is no longer the place to ask, and a lawyer is the person to advise you on the lawsuit or enforcement or bankruptcy proceedings that now decide the deposit.

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