Deposit Refund: Attorney Gizem Gonce in Milliyet and CNN Türk

Attorney Gizem Gonce · Milliyet / Uzmanpara and CNN Türk · October 31, 2026

In the Milliyet / Uzmanpara news report dated October 31, 2026, Attorney Gizem Gonce evaluated the problems faced by tenants who cannot retrieve their security deposit after vacating the property. The same statements were also published on CNN Türk, citing Milliyet as the source. The two publications address deductions from security deposits, documentation of delivery, and the transfer of ownership of property.

Normal wear and tear must be separated from damage caused by the tenant

The news report draws attention to deductions made on the grounds of painting, whitewashing, and renovation. According to TBK 334, aging and deterioration resulting from use in accordance with the contract cannot be charged to the tenant. The nature of the damage alleged to have occurred due to faulty use and the basis for the requested amount are examined separately.

Inspection and written notice when the property is returned

TBK 335 requires the landlord to inspect the property when it is returned and immediately notify the tenant in writing of defects for which the tenant is responsible. A separate rule applies to defects that cannot be identified during an ordinary inspection; immediate written notice is also required once these are discovered. The report stresses the importance of keeping the key handover record, photographs, payment receipts and correspondence.

The three-month period is not a general waiting condition for every deposit

For residential leases and leases of roofed business premises, the security under TBK 342 may not exceed three months’ rent. For security held by a bank, the tenant may request its return if the landlord has not informed the bank in writing of the relevant lawsuit or enforcement proceedings within three months after the lease ends. This provision should not be read as a mandatory three-month waiting period for every deposit paid directly to the landlord.

Payment and transfer records are important when the house is sold

The report also describes a Court of Cassation case file in which it is discussed whether the deposit paid to the previous owner was transferred to the new owner. When evaluating liability, the contract, payment documents, and records regarding the transfer of the security deposit amount must be examined together. A decision reported in the source does not mean that the same result will issue in every dispute.