Foreign Tenant Pays a Large Deposit but Receives No Written Rental Contract in Turkey: Can the Money Be Recovered? (2026 Updated Guide)

A foreign tenant pays a large rental deposit in Turkey but never receives a written lease. Learn whether the deposit can be recovered, how payment can be proved, what evidence matters and which legal remedies may be available.

A foreign national searching for an apartment in Turkey may be asked to transfer a substantial amount of money before receiving the keys or a signed rental agreement. The payment may be described as a deposit, security deposit, reservation payment, advance rent or guarantee. Problems arise when the landlord or intermediary subsequently refuses to sign the lease, rents the property to somebody else, changes the agreed terms or simply refuses to return the money. The absence of a written rental contract does not automatically mean that the foreign tenant loses the payment. The decisive questions are why the money was paid, whether a rental agreement was actually reached, who received the payment, what the parties agreed would happen if the tenancy did not proceed, and what evidence exists to prove those facts.

Does a Rental Agreement Have to Be in Writing?

Residential rental relationships are not, as a general principle, dependent solely on possession of a formally signed document. Depending on the circumstances, an agreement and its essential terms may potentially be established through other evidence.

For this reason, the statement “there is no signed contract, therefore there are no rights” can be misleading.

What Matters If There Is No Written Lease?

The entire transaction should be reconstructed. Important questions include which property was discussed, the agreed monthly rent, commencement date, duration, deposit amount, advance rent, payment recipient and whether possession or keys were delivered.

Messages exchanged before and after payment can be particularly important.

Determine What the Payment Actually Was

Not every payment made before a tenancy begins has the same legal character. It may represent a security deposit, advance rent, reservation payment, brokerage-related payment or another contractual payment.

The legal basis for recovering it can depend substantially on this classification.

A Security Deposit Is Not Automatically the Landlord’s Money

A rental security payment serves a specific purpose connected with the tenancy. It should not simply be treated as an unrestricted payment that the landlord can retain regardless of whether the rental relationship proceeds.

The circumstances surrounding the payment must therefore be examined carefully.

How Much Security Deposit Can Be Requested?

For residential and roofed workplace leases, Turkish rental law limits contractual security to an amount equivalent to three months’ rent.

A foreign tenant who has been asked for a much larger amount should therefore have the structure of the payment reviewed carefully. Amounts described collectively as a “deposit” may actually include advance rent or other payments.

Bank Transfers Are Extremely Important Evidence

If the tenant transferred the money through a bank, preserve the transfer receipt and complete transaction details.

The payment description can be especially useful. Descriptions referring to the apartment, rent, deposit or rental security may help demonstrate why the payment was made.

What If the Transfer Description Is Blank?

Recovery is not automatically impossible. Other evidence may establish the purpose of the transfer.

Messages, advertisements, emails, property-viewing records and subsequent statements from the recipient may help connect the payment with the proposed tenancy.

WhatsApp Messages Can Become Important Evidence

Preserve the complete conversation rather than isolated screenshots.

Messages may establish the apartment address, rental price, deposit amount, payment instructions, promised contract date and statements concerning repayment.

Preserve the Property Advertisement

Online advertisements can disappear quickly. Save the advertisement showing the property, price, photographs, advertiser and other relevant information.

It may help connect negotiations with the particular apartment.

Keep Emails and Direct Messages

Foreign tenants frequently negotiate through messaging applications, email or property platforms. Preserve all communications concerning the proposed lease and payment.

Do not delete communications merely because negotiations have ended.

Who Received the Deposit?

This is one of the first issues Lawyer Fırat Fesih Kaya would examine in a deposit dispute. Determine whether payment was made to the registered property owner, purported landlord, real-estate intermediary, relative of the landlord, company or another third party.

The correct defendant and legal basis can depend on who actually received the money and why.

Verify the Property Owner

If there is uncertainty about whether the person requesting payment was entitled to rent the property, ownership and authority should be investigated.

This is particularly important where a foreign tenant dealt entirely through an intermediary.

What If the Money Was Paid to a Real-Estate Agent?

The tenant should distinguish the rental deposit from any brokerage commission or reservation payment.

If the intermediary received money on behalf of the landlord, evidence of that authority becomes important. If the intermediary received the money independently, the legal relationship may require separate analysis.

What If the Landlord Refuses to Sign After Receiving the Deposit?

The reason matters. If the parties had reached agreement and the landlord subsequently refuses to proceed without a legally sustainable basis, the tenant may potentially seek return of payments and evaluate additional contractual remedies depending on the facts.

Written notice should be considered promptly.

What If the Landlord Rents the Apartment to Someone Else?

Preserve evidence that the property was subsequently rented or offered to another person. This may support the tenant’s position that the contemplated transaction could not proceed because of the landlord’s conduct.

The payment should then be analyzed according to its agreed purpose.

What If the Tenant Changes Their Mind?

The answer can be different. A tenant who voluntarily abandons an agreed tenancy cannot automatically assume that every payment must be returned regardless of the parties’ agreement and resulting loss.

The payment terms and circumstances of cancellation should be reviewed.

Was the Payment Described as Non-Refundable?

A statement that a payment is “non-refundable” should not automatically end the legal analysis. The nature of the payment, contractual relationship, circumstances and applicable mandatory rules still matter.

The tenant should preserve the message or document containing the alleged condition.

What If No Agreement Was Ever Reached?

If money was transferred during negotiations but the contemplated rental agreement was never concluded, the legal basis on which the recipient continues retaining the money should be examined.

Depending on the facts, repayment claims may potentially involve principles concerning restitution and unjust enrichment.

Unjust Enrichment May Become Relevant

Where one party retains money without a continuing legal basis, unjust-enrichment principles may potentially support recovery.

However, the appropriate cause of action should be selected after determining whether a rental contract actually existed.

Can the Tenant Demand Interest?

Depending on the legal basis of the claim, notice, default and procedural circumstances, interest may potentially be claimed.

The date on which the recipient was formally requested to return the money can therefore become important.

Send a Clear Written Demand

The tenant should generally avoid relying exclusively on telephone calls.

A written demand can identify the payment, property, amount, reason repayment is requested and a reasonable deadline for payment.

Avoid Threatening Messages

Communications should remain factual and professional. Threats or aggressive accusations can complicate an otherwise straightforward financial dispute.

Preserve evidence and use formal legal remedies.

Can Enforcement Proceedings Be Used?

Depending on the nature and documentation of the monetary claim, enforcement proceedings may potentially be considered.

If the recipient objects, additional proceedings may be required to establish the claim.

Is Mediation Required?

Rental disputes in Turkey are subject to mandatory mediation before many rental-related lawsuits can be filed. Whether a particular deposit dispute falls within the mandatory mediation framework should be assessed according to the legal characterization of the claim.

Procedural classification should therefore be addressed before filing suit.

What Evidence Should the Foreign Tenant Collect?

The tenant should preserve bank transfers, payment receipts, property advertisements, messages, emails, proposed contract drafts, landlord details, intermediary communications, witness information and evidence concerning delivery or non-delivery of keys.

Evidence should be collected before accounts, advertisements or messages disappear.

What If the Deposit Was Paid in Cash?

Cash creates greater evidentiary difficulty but does not necessarily make recovery impossible.

Receipts, messages acknowledging receipt, witnesses, withdrawal records and subsequent statements by the recipient may become important.

A Message Acknowledging the Debt Can Be Valuable

If the landlord writes that the deposit “will be returned next week,” that communication may be highly relevant because it can help establish both receipt of the money and recognition of a repayment obligation.

Preserve the complete conversation.

Foreign-Language Communications Should Be Preserved

Do not delete original messages simply because they are not in Turkish. Preserve the original communication and obtain appropriate translations where required during proceedings.

What If the Tenant Paid Several Months in Advance?

Separate the amounts carefully. For example, a payment may include a security deposit plus several months of advance rent.

The legal treatment of each component may differ.

What If the Tenant Never Received the Keys?

Non-delivery of possession can be an important fact, particularly where substantial rent and security payments were made in anticipation of moving into the property.

Preserve communications concerning the promised handover date.

What If the Property Was Not as Advertised?

Material differences concerning the property, furnishing, condition or availability can affect the dispute.

Save the original advertisement and photographs and document the actual condition of the property.

Fraud Should Be Distinguished From an Ordinary Rental Dispute

Not every landlord who refuses to return a deposit has committed a criminal offense. Many disputes remain contractual or civil.

However, if the property did not exist, the supposed landlord had no connection to it, identical deposits were collected from multiple victims or deceptive conduct existed from the beginning, potential criminal fraud should be evaluated separately.

What If the Landlord Used a Fake Identity?

The tenant should preserve bank-account information, telephone numbers, messages, advertisements and every identifying detail available.

Urgent legal action may be necessary where there is evidence of deliberate fraud.

Do Not Send Additional Money to “Unlock” the Refund

A person who has already received a deposit may sometimes demand another payment for tax, cancellation, processing or another supposed condition before returning the original money.

Such demands should be verified carefully before any additional payment is made.

Can the Foreign Tenant Sue After Leaving Turkey?

Potentially. Leaving Turkey does not necessarily extinguish a monetary claim. Depending on the circumstances, legal proceedings may be handled through authorized legal representation.

The tenant should preserve documents and evidence before departure.

Power of Attorney Can Be Important for Foreign Clients

A foreign national who will not remain in Turkey throughout the dispute should arrange the necessary representation documents correctly.

This can allow procedural steps to continue without requiring the tenant’s physical presence at every stage.

Check Limitation Periods Early

The applicable limitation period depends on the legal characterization of the claim. Foreign tenants should not postpone action merely because the landlord continues promising repayment.

Early action also reduces evidentiary problems.

Can Legal Costs Be Recovered?

Court costs, attorney-fee consequences and enforcement expenses depend on the procedure and outcome. These should be evaluated as part of the economic decision whether to pursue the claim.

Large Deposits Require Stronger Pre-Payment Due Diligence

Before transferring a significant amount, foreign tenants should verify the property, recipient, ownership or authority, payment purpose and proposed contract.

Where possible, the payment description should clearly identify its purpose.

Never Pay Solely Because the Property Is “About to Be Taken”

Pressure tactics are common in rental transactions. A tenant should not transfer a substantial amount without knowing who receives it and under what conditions it will be returned.

Urgency should not replace documentation.

2026 Practical Legal Strategy

A foreign tenant who has paid a large deposit but received no written rental contract should first reconstruct the entire transaction. The key questions are who received the money, why it was paid, whether the parties reached an agreement, why the tenancy did not proceed and what evidence proves those facts.

Bank records and digital communications should be preserved immediately. The recipient should then be formally requested to return the money where there is a legal basis for repayment. Depending on the characterization of the dispute, mandatory mediation, enforcement proceedings or litigation may follow.

Where there are indications that the supposed rental transaction was fraudulent from the outset, the civil recovery strategy should be coordinated with an assessment of potential criminal remedies.

Frequently Asked Questions

Can a foreign tenant recover a deposit without a written rental contract?

Potentially, yes. The absence of a signed lease does not automatically eliminate repayment rights. The payment and agreement may potentially be established through other evidence.

Is a bank transfer enough to prove the deposit?

It is important evidence, especially where the transfer description identifies the payment’s purpose. Other communications may still be necessary to establish the complete transaction.

Are WhatsApp messages useful?

Yes. Messages can be highly relevant to proving the property, rent, deposit, payment instructions and repayment promises.

What if the landlord refuses to sign the lease?

The reason for the refusal and the parties’ prior agreement should be examined. Repayment and other potential remedies may arise depending on the facts.

Can the landlord keep the money because it was called a reservation deposit?

Not automatically. The agreed purpose and refund conditions, the reason the transaction failed and applicable legal rules must be examined.

What if the tenant paid cash?

Recovery may be more difficult to prove, but receipts, messages, witnesses and acknowledgments can become relevant.

What if the apartment was rented to somebody else?

Preserve evidence. The tenant’s repayment rights should be evaluated according to the agreement and reason the contemplated tenancy could not proceed.

Is refusal to return a deposit automatically fraud?

No. A contractual repayment dispute should be distinguished from criminal fraud. Criminal issues become more relevant where deception existed from the beginning.

Can a foreign tenant pursue the case after returning abroad?

Potentially, yes. Properly authorized legal representation can allow many procedural steps to be handled in Turkey.

What should the tenant do first?

Preserve the bank transfer, complete messages, advertisement and all evidence identifying the property and payment. Then determine the legal character of the payment and send an appropriate formal repayment demand before choosing mediation, enforcement or litigation.

Legal Support for Foreign Tenants in Rental Deposit Disputes

Foreign tenants can face substantial financial losses when rental deposits, advance rent or reservation payments are transferred but the promised tenancy does not proceed. Fırat Fesih Kaya Law Office assists foreign nationals with rental deposit recovery, landlord disputes, payment evidence, mandatory mediation, enforcement proceedings, civil litigation and suspected rental fraud. Lawyer Fırat Fesih Kaya provides legal assistance in evaluating the payment, preserving evidence, identifying the correct party responsible for repayment and pursuing appropriate recovery proceedings.

Phone: +90 312 434 22 22

WhatsApp: +90 532 769 22 22

Email: info@firatfesihkaya.av.tr

Address: Mevlana Boulevard No:221, Yıldırım Tower, Office No:148, 06520 Balgat, Çankaya, Ankara, Turkey