How Much Deposit Should Be Taken From The Tenant?
How Much Deposit Should Be Taken From The Tenant? Details regarding the deposit received in leasing transactions are determined by law. You can find the answer to the question of how much deposit should be taken from the tenant in detail in our article.
A deposit means the security fee received in exchange for a service or good. It is a very common choice to get a deposit, especially when renting a house. Since it is determined by the Law of Obligations how the deposit amount will be received and under what conditions, claims that do not comply with the conditions must be complained.
The deposit is a guarantee requested by the lessor in every rental transaction. Although some property owners want to decide on the deposit amount themselves, this amount is determined under the Law of Obligations related to leasing transactions. Although the deposit amount to be demanded from the lessor is generally requested as 1 rental fee, legally the lessor party can request a deposit up to 3 rental prices.
You may have encountered situations such as requesting a deposit in a different currency or a 6-month rental fee. Such requests are against the law. Especially those who rent a furnished house may ask for a high deposit because they think the damage they may suffer will be great. When you encounter such a situation, you should remind the lessor and the real estate agent that the deposit will be at most 3 times the rental price, and it is against the Code of Obligations to take a deposit more than 3 times the rental price.
The deposit should not be given directly to the landlord or agent. The deposit is a source of security and should, if possible, be kept in a savings account to prevent depreciation. In this way, the rights of both parties can be protected. In addition, if the deposit amount is declared as “a rental fee” in the lease contract, it means that the deposit will be repaid as the current rental fee in case the tenant moves. The deposit amount must be determined and stored in a way that will be accepted by both the lessor and the tenant.
In Which Situations Does a Deposit Provide Coverage?
The deposit can be used as a guarantee against any unusual damage that may occur in the property. It is not correct to demand a deposit due to such wear and tear, as the value losses that occur due to use and time are not the responsibility of the tenant. Rights of both the lessor and lessor general condition of the house should be specified in the lease contract made for the best protection. The lessor must go home in company with the real estate agent, inform about details such as the installation, structure or floor covering, wall paint, and add this information to the contract before moving. If the house is not painted, if there are problems in the installations and these will be built by the tenant, all of them should be included in the contract. In this way, the lessor party is prevented from unfairly holding the deposit during the move. In addition, if there are fixtures in the house and they are available, it will be correct to add them to the contract. The lessor has to leave the mentioned fixtures as they are moving from the house.
It can also be used in cases where the landlord leaves an unpaid debt to the lessor if the deposit does not take over the electricity and water bills of the lessor. Now, with the law, the renters have to take the bills on them in order to eliminate the grievances of the renters. However, when the tenant moves out of the house, he has to submit the no debt document in order to receive the deposit. If there is no debt certificate, if the house has unpaid bills, these fees can be collected from the deposit.
Does the Deposit Replace Rent?
The reason for the deposit is that the landlord has a guarantee against the damages caused by the tenant. Although each house wears out over time depending on the use, the damage of the landlord must be covered by a deposit in case of large damages that will not depend on use. Therefore, the deposit should not be a substitute for rent. Many tenants offer to count the deposit as the rent and not pay the rent before they move. However, this is against the procedure and it should be known that the tenant will lose the case at the point where the lessor filed a lawsuit.