📌 In real estate transactions, a deposit (kapora) is a payment made as a financial guarantee during the process of renting or purchasing a property.
✅ Legal Basis of Deposit Payments
According to Article 177 of the Turkish Code of Obligations (Law No. 6098), deposits serve as proof that a contract has been established. However, the legal nature and refundability of the deposit depend on its type and the terms agreed upon by both parties.
✅ Types of Deposit Payments
Deposit payments are classified into two categories:
✔ Earnest Money (Pey Akçesi): If the deposit is considered earnest money, it must be refunded if either party decides to withdraw from the agreement.
✔ Forfeiture Compensation (Cayma Tazminatı): If the deposit is designated as forfeiture compensation in the contract, the party that cancels the deal forfeits the paid amount and cannot request a refund.
✅ Court Rulings on Deposits
Turkish Supreme Court rulings indicate that in cases where no clear contractual agreement exists regarding forfeiture compensation, deposit payments are presumed to be earnest money. This means the amount must be refunded to the tenant or buyer if the deal does not go through.
📌 Conclusion
Deposit payments play a crucial role in real estate transactions, ensuring financial commitment from both parties. However, understanding the legal distinction between earnest money and forfeiture compensation is essential to avoid financial disputes. Before making a deposit, both landlords and tenants should clarify the terms to protect their rights.
