My Landlord Will Not Return My Security Deposit or Is Making Deductions: What Rights Does a Tenant Have?

You move out and return the keys, but the landlord says that the entire security deposit will be retained for painting, cleaning or repairs. The starting condition of the property, the length and manner of use, evidence of handover and the debts alleged by the landlord should be considered together.

In brief: A security deposit is not an amount that a landlord may retain without justification. At the same time, it cannot be assumed that every deposit must be returned without deductions. Ordinary wear and tear must be distinguished from damage for which the tenant may be responsible.

Legal framework for the security deposit

Article 342 of the Turkish Code of Obligations provides that security agreed for residential and roofed-workplace leases may not exceed three months’ rent. It also contains specific rules where security is provided in money or negotiable instruments and held through a bank.

In practice, tenants may have paid the amount directly to the landlord. That does not eliminate the issue of repayment, although the payment method and the lease terms must be examined. The procedure for bank-held security can differ from a sum kept directly by the landlord.

Ordinary wear and tear versus damage

Deterioration resulting from normal use over time is not the same as a broken door, missing fixture or other identifiable damage. The original condition, the age and quality of materials and the intended use of the property can matter. A need for repainting after ordinary occupation should not automatically be charged to the tenant in every case.

If specific damage is alleged, the landlord should identify what was damaged and how the claimed amount was calculated. Replacing an old item at the full cost of a brand-new one can also require scrutiny. A photograph does not always establish when damage occurred.

Why proof of key handover matters

Physically leaving the property and proving legal delivery are not always the same thing. Keep a record of when and to whom the keys were returned, any handover document and, where relevant, meter readings. Leaving keys somewhere without agreement can create a later dispute about the handover date.

Visible issues and the parties’ observations can be recorded at handover. If there is a disagreement, lawful methods of recording the property’s condition may be considered. Photographs taken by the tenant can be useful but may need support from other evidence.

Documents to keep

• The lease and evidence of the security-deposit payment.
• Move-in photographs and any inventory list.
• Move-out photographs and the key-handover record.
• Records of rent and relevant expense payments.
• Documents and calculations supporting alleged damage.
• The tenant’s repayment request and the landlord’s explanation of deductions.

If only a total deduction is stated, request an itemised explanation. Actual rent arrears and disputed repair charges should be identified separately. Where part of the deposit has been returned, state the remaining balance clearly.

Routes for recovering the deposit

The amount and legal basis of the claim can first be put in writing. Mandatory mediation requirements applicable to lease disputes and any statutory exceptions should be checked. Enforcement proceedings or litigation may also be relevant depending on the precise claim.

The amount to be repaid and any additional claim depend on the agreement, the form in which the security was provided and the applicable law. Broad statements that the deposit must always be updated to the current rent—or that only the original nominal amount can ever be claimed—should be avoided without examining the facts.

Frequently asked questions

Can I simply stop paying the last month’s rent and treat the deposit as payment?

Doing so without a valid agreement or legal basis can create a separate rent-arrears dispute.

The lease says painting is the tenant’s responsibility. Must I pay every painting cost?

The contractual clause and the actual condition of the property should be considered together. The wording does not automatically validate every amount claimed.

I paid the deposit in cash and have no receipt. What can I do?

Messages, the lease and other lawfully obtained evidence may be relevant. Proof that the payment was actually made will become particularly important.

Sources and legislation

Turkish Code of Obligations No. 6098
Ministry of Justice: Information on mandatory mediation

Originally prepared on 8 September 2026. This article provides general information on Turkish law. Remedies and deadlines should be assessed against the documents and circumstances of each case. The image is illustrative.

Related reading

Property Deposit and Failed Sale

Foreign Buyer Paid for Property but Title Was Not Transferred

Related practice area: Real Estate & Foreign Investment.