How should deposits in rental agreements be determined? Warning against loss of rights
It is stated that instead of fixed TL deposits that lose value against inflation, payments indexed to the rental fee should be preferred.
Experts emphasize that the deposit in rental agreements should be determined as one or two months' rent instead of a fixed TL amount. This approach is important to prevent potential economic loss of rights during eviction.
The Fixed Amount Mistake in Deposits
It is pointed out that when preparing rental agreements, the deposit should not be written merely as a fixed TL amount. Stating the security deposit as one or two months' rent in the agreement can prevent losses of rights.
The Devaluing Effect of Inflation
Hakan Akçam, Chairman of the General Board of the All Real Estate Consultants Union, suggests that the deposit be expressed over the rental amount rather than a fixed sum of money. A fixed deposit paid years ago can lose its initial economic value by the end of the term.
Legal Regulations and Bank Account
Article 342 of the Turkish Code of Obligations stipulates that the deposit must be kept in a time savings account at a bank and cannot be withdrawn without mutual consent. Making payments through the banking channel provides an advantage in disputes.
Control of Parties' Authorization
It is necessary to check whether the rental agreement is made directly with the property owner or if the person conducting the transaction has a notarized power of attorney. This review prevents potential legal problems in the future.