Rent Deposit Refund and Eviction Undertakings in Turkey: Three-Month Cap, Bank Account, Grounds for Eviction (TCO Arts. 342, 350-352)

When a lease ends, two questions arise most often: will the tenant get the deposit back, and can the landlord evict the tenant? Both are regulated by the residential and roofed commercial lease provisions of the Turkish Code of Obligations (Law No. 6098), and, contrary to common belief, the law sets limits.

This guide explains the deposit cap and the bank account rule, how the deposit is refunded, the conditions for a valid eviction undertaking, the grounds on which a landlord can sue for eviction, and a 2026 decision of the 3rd Civil Chamber of the Court of Cassation. For the legal cap on rent increases, see our rent determination guide.

1. How Many Months of Rent Can a Deposit Be?

Under Article 342/1 of the Code of Obligations, where a lease requires the tenant to provide security in residential or roofed commercial leases, the security may not exceed three months' rent. A clause requiring four or six months does not bind the tenant beyond that cap; the tenant may claim back the excess.

The deposit is not rent. It secures claims arising from the lease, such as unpaid rent or damage to the property. Therefore setting the deposit off against the last month's rent is not lawful without the landlord's consent.

2. The Deposit Is Held at a Bank: The Problem of Cash Deposits

Where money is agreed as security, the tenant deposits it in a time savings account that cannot be withdrawn without the landlord's consent (Art. 342/2). The bank can release the security only:

• with the consent of both parties,
• once an enforcement proceeding becomes final, or
• on the basis of a final court judgment.

In practice the deposit is often paid in cash or into the landlord's own account. This falls outside the statutory system and leaves the burden of proof on the tenant. For cash deposits, always obtain a signed receipt, pay by bank transfer where possible and write "rental security deposit" in the description. The lawful route is a time account in the tenant's name.

3. How to Get the Deposit Back

If the landlord has not notified the bank in writing within three months after the lease ends that a lawsuit or enforcement or bankruptcy proceeding has been started against the tenant concerning the lease, the bank must return the security on the tenant's request (Art. 342/3). If the landlord claims damage or debt, the landlord must act within that period.

If the deposit was paid in cash and the landlord does not return it, the tenant can start enforcement proceedings or sue. For disputes arising from lease relations, applying to a mediator before filing a lawsuit is a condition for the lawsuit (Mediation Law No. 6325, Art. 18/B). Typical grounds a landlord relies on to withhold the deposit are:

• unpaid rent, service charges or utility bills,
• damage beyond ordinary use.

Normal wear from use in accordance with the lease (paint, light wear) cannot, as a rule, be charged to the tenant. A photographic handover record at delivery is the strongest evidence in damage disputes.

4. When Is an Eviction Undertaking Valid?

Under Article 352/1, if the tenant, after the property has been delivered, has undertaken in writing to vacate it on a specified date and does not, the landlord may end the lease by starting enforcement proceedings or filing a lawsuit within one month from that date.

In the case law the conditions for validity are: it must be in writing, given by the tenant or an authorised representative, state the eviction date and be given a reasonable time after delivery of the property. Blank-dated undertakings or those taken together with the lease cause problems; the tenant may allege duress, fraud or deception, and whether the signature is genuine and whether consent was vitiated are litigated.

The time limit is critical: if enforcement proceedings or a lawsuit are not started within one month of the promised date, the right lapses.

5. Landlord's Grounds for Eviction

In residential and roofed commercial leases the landlord cannot terminate merely because the term has expired (Art. 347). Fixed-term leases renew for one year on the same terms unless the tenant gives notice at least fifteen days before expiry. The main routes for eviction are:

• Need for housing or business premises (Art. 350): where the landlord must use the property for themselves, their spouse, descendants, ancestors or others they are legally obliged to support, the lawsuit is filed within one month after the end of the term in fixed-term leases. The same period applies to essential repair, extension or alteration for rebuilding or zoning purposes.
• New owner's need (Art. 351): a person who later acquires the property may end the lease with a lawsuit filed six months later, if they notify the tenant in writing within one month of acquisition.
• Eviction undertaking (Art. 352/1): the written undertaking described above.
• Two justified warnings (Art. 352/2): where the tenant has caused two written warnings for non-payment to be given, the lawsuit is filed within one month from the end of the lease term or, in leases longer than a year, the lease year in which the warnings were given.
• Tenant owns other housing (Art. 352/3): where the tenant or the spouse living with them has a habitable home within the same district or municipality and the landlord did not know this when the lease was made, the lawsuit may be filed within one month from the end of the lease.

If the landlord notifies the tenant in writing, within the filing period, that a lawsuit will be filed, the filing period is extended by one lease year (Art. 353).

6. The Court of Cassation: An Undertaking May Lapse After a New Lease

In the 2026 decision below, the 3rd Civil Chamber set out the conditions for a valid eviction undertaking and held that the lapse of the undertaking should have been considered where the parties signed a new lease afterwards. The tenant had argued that the undertaking was signed under duress; a forensic examination found the signature to be the tenant's. But because the parties signed a new lease after the undertaking, the decision was quashed in the interest of the law.

The practical lesson: if a new lease is signed after the undertaking, the tenant has a strong defense. The landlord should avoid relying on the undertaking, and the tenant should keep the new lease.

7. Common Mistakes

• Requiring four to six months' deposit: the amount above the three-month cap is invalid.
• Paying cash without a receipt: it creates a proof problem in a refund claim.
• No handover record: it leaves the tenant exposed to damage and cleaning claims.
• Missing the one-month period after the undertaking date: the eviction right lapses.
• Taking the undertaking together with the lease: an undertaking given before delivery is not valid.
• Skipping mediation: a deposit refund lawsuit may be dismissed on procedural grounds.

🧮 Related tool: You can calculate the lawful rent increase with our CPI-based rent increase calculator.

Frequently Asked Questions

For lease, deposit and eviction disputes, see our Real Estate Law page, or request an appointment via our Contact page.