Abstract:

A lease agreement is a contract by which the lessor undertakes to transfer either the right to use a property or the right to use and derive profit from a property to the lessee; and in return, the lessee undertakes to pay the agreed amount to the lessor. The use of a property by the lessee under a lease agreement always carries the risk that the property may be damaged by the lessee, since the property is still owned by the lessor. A security deposit paid by the lessee aims to eliminate the risk of the property being damaged by the lessee and the risk of the rent not being paid. In practice, there are numerous legal disputes arising from agreeing on the payment of a security deposit, determining the amount of the secure deposit, repayment of the security deposit after the termination of the contract, and the conditions and the amount of the compensation from the security deposit, especially if the property is damaged. These frequently encountered disputes prompted the law-maker to regulate the rental security deposit with explicit provisions. In this study, the obligation of the lessee to pay a security deposit, which was not included in the Code of Obligations No. 818, but explicitly regulated in Article 342 of the Turkish Code of Obligations No. 698 of Art. 257e OR), will be examined

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