Short answer
A rental security deposit is security for relevant obligations, not an automatic payment to the landlord when the tenant leaves. The return depends on how the security was held, whether the lease has ended and whether supported liabilities remain. For residential and roofed workplace leases, Article 342 sets a three-month-rent ceiling and specific rules for bank-held security.
Disputes often begin at handover: the tenant expects repayment, while the landlord refers to cleaning, repairs, unpaid charges or early departure. Treat these as separate items. A single statement that “the apartment is damaged” does not explain the condition at the start, what changed, who is responsible or how the claimed amount was calculated.
Check the kind of lease and security
Article 342 concerns residential and roofed workplace leases. If security is agreed in that setting, it cannot exceed three months’ rent. Establish whether the disputed payment was actually security, rent paid in advance or another sum. The contract, bank reference and receipt should be read together.
Where money is agreed as security, the statutory arrangement involves a term savings account from which the tenant cannot withdraw without the landlord’s consent. Securities are deposited with a bank. The bank releases the security under the statutory conditions, which include the parties’ consent, finalised enforcement or a final court decision.
In practice, some payments are made directly to the landlord. That situation needs examination of the payment and agreement; it should not be described as if a compliant blocked bank account had been opened. Keep evidence of who holds the money and any account information. A promise that the sum is “protected” is not evidence of the statutory arrangement.
What does the three-month rule mean?
For the bank-held security mechanism, Article 342 also provides that if the landlord does not notify the bank in writing, within three months after the lease ends, that a lease-related lawsuit or enforcement or insolvency proceeding has been initiated against the tenant, the bank must return the security at the tenant’s request.
This is a specific release rule involving the bank. It is not a general licence for every landlord holding cash to retain it for three months without explanation. Nor does the passage of time answer a dispute about when the lease ended. The termination documents, handover evidence and any notice to the bank must be checked together.
Separate ordinary wear from tenant-caused damage
Article 334 requires return in the condition in which the property was received, while excluding deterioration caused by contract-compliant use. The relevant comparison is between the initial condition and the condition on return, allowing for ordinary use. A worn surface and damage from misuse are not automatically the same.
Ask which item is affected, what the evidence shows and why the tenant is said to be responsible. The age and previous condition of an item can matter to the practical assessment of a repair or replacement claim. A quotation for replacing everything with new materials does not, by itself, establish the amount legally recoverable.
Article 335 requires the landlord to inspect on return and promptly notify the tenant in writing of defects for which the tenant is responsible. Defects not discoverable through ordinary inspection are treated differently; prompt written notice is required when they are discovered. This rule concerns the relevant defects. It should not be misread as erasing an unrelated unpaid-rent claim.
Document the handover
A dated handover record can identify the property, keys returned, meter readings and the condition of rooms, fixtures and furniture. Note agreed and disputed matters separately. Photographs are more useful when their date and connection to the property can be established, and when they can be compared with the starting inventory.
Do not sign an unrestricted statement that every obligation has been settled if particular matters remain open. Equally, a landlord should not rely on an undefined reservation that gives no information about an observable problem. The wording and legal effect of any release or reservation should reflect the actual agreement.
Calculate the account item by item
List the security paid, any agreed repayment, unpaid rent alleged, supported charges and any separate damage claim. Identify the basis and evidence for each deduction. If early departure is involved, assess that liability separately rather than assuming the deposit is automatically forfeited.
A deposit should not automatically be treated as the final month’s rent without agreement or assessment of the applicable rights. Likewise, retaining the whole deposit does not establish that the landlord’s claimed loss equals that amount. Keeping the calculations separate makes both a negotiated settlement and a contested claim easier to assess.
Do not assume that inflation or a rise in current rent automatically produces one universal deposit multiplier. The contract, currency, banking arrangement and legal basis for any adjustment must be examined. A nominal payment figure, a rent-linked clause and a sum held with bank returns can raise different questions.
Managing the issue from abroad
An owner abroad can arrange an authorised handover and inspection, with clear instructions on keys, photographs and notices. A tenant leaving Turkey should preserve a usable contact address and proof of payment and return. Distance does not remove the need to document what happened on the relevant date.
For a first review, assemble the lease and annexes, deposit transfer, initial inventory, handover record, dated photographs, payment ledger, repair evidence and correspondence. If the money is in a bank account, include the account arrangement and any relevant notices. Personal identifiers can be shared later through an appropriate private channel.
What if agreement cannot be reached?
A written, itemised request can distinguish the undisputed balance from the disputed deductions. For a new lawsuit arising from a lease, preliminary mediation is generally required under Article 18/B of Law No. 6325, subject to the statutory exceptions. The appropriate route depends on the claim; mediation is not a finding that either party owes money.
The practical assessment should identify the holder of the security, the termination and handover dates, the evidence supporting each liability and the available recovery route. A missing receipt may complicate proof, while a signed receipt does not resolve every dispute about deductions. You can describe a deposit issue through the contact page.
Sources and currency
Sources checked on 17 October 2026. Editorial responsibility: Muhammet Emre Nas. This article provides general information; its application depends on the documents and facts.