As we mentioned in a previous article, the lease contract in Turkey is the first guarantee for the rights of the owner and the tenant, and the Rent Security Deposit is one of the most important clauses covered by the contract and is a prerequisite for every lease contract.
According to Turkish law, there are several controls about the amount of insurance that we will talk about and We address some of the most frequently asked questions about Rent Security Deposit, what does this term mean? How is the amount determined and how is it paid? How can the tenant recover the rental deposit and what are the cases in which it is not refunded?
What is the rent security deposit in Turkey?
The rent insurance amount is an amount that the tenant pays to the property owner as a guarantee to pay the expenses and bills that the tenant may not pay or to repair faults and damages that may occur to the property during the tenant’s stay in the house and resulting from his default.
How is the Rent Security Deposit amount in Turkey?
According to the Turkish law related to home rents, the rent security amount in Turkey is agreed upon between the property owner and the tenant, provided that the rent security amount equals the value of the property rent for a maximum of three months, and legally the owner is not allowed to exceed this value under any circumstances.
And you must pay close attention to this point before signing the lease contract, as Turkish law allows the amount of rent insurance to be determined according to the value equivalent to three months’ rent or less, and it is not allowed to exceed that value.
How to pay the Rent Security Deposit in Turkey?
Payment can be made in cash and delivered to the property owner by hand or by documents and checks, and in the case of cash payment, we advise to prove this through documents proving that the tenant has paid the insurance amount to the property owner.
For example, the amount can be temporarily deposited in a Turkish bank and It is stated in the reason for depositing that it is the rent security amount for the rented property, and the value of the rent security amount must be clearly recorded in the lease contract to prove that the amount paid by the tenant is the agreed security amount.
Payment can also be made by depositing the amount in the bank, which is the most guarantee of the right of both parties, the owner and the tenant, and even if payment is made by documents and checks, these documents can be kept with a Turkish bank to ensure that one of the parties is not exposed to fraud.
How is the Rent Security Deposit in Turkey refunded?
In the event that the property was not damaged by the tenant and his guarantee of his right to the documents, he can recover the amount legally, in the event that the property owner did not claim against the tenant for breaching the contract.
if the landlord files a lawsuit against the tenant, he must notify the bank within a period not exceeding three months from The expiry date of the contract, otherwise the bank will refund the Rent Security Deposit to the tenant.
If the landlord makes a claim against the tenant, neither party has the right to take from the deposited amount before the final outcome of the lawsuit is issued.
What are the cases in which the Rent Security Deposit is not refunded in Turkey?
In the event of damage to the property or its equipment due to the tenant or his negligence, the property owner has the right to take the value of the repairs from the amount of the insurance, and it is possible not to return the amount permanently according to the assessment of the damages.
In cases of damages that are not in the hands of the tenant, the repair of it falls on the landlord, and the amount should not be deducted from the rent insurance amount.
In the end, it must be taken into account that the lease contract is the only guarantee for the right of the tenant and the owner.
It is not necessary to rent a property without a legal document documenting the process and proving that the tenant delivered the property in the same condition that he received from the owner at the beginning of the lease period until it is proven that he is entitled to the rent security amount, which is a guarantee The property owner has the right in the event of the tenant’s negligence or negligence, and compliance with the mentioned points that were agreed upon between the two parties will guarantee the return of rights to their owners and the tenant’s recovery of the rent insurance amount or what he is entitled to according to the law.