e-Government Good News for Tenants: Check Your e-Government Account, Money Might Have Been Deposited!

The 3rd Civil Chamber of the Supreme Court of Appeals made an important decision that closely concerns landlords and tenants. Debates about whether tenants are obliged to paint and whitewash when vacating the house ended with the precedent decision of the Supreme Court. While it was stated that the decision has entered a new era in the landlord-tenant relationship, it was stated that tenants do not have such an obligation if they are faced with the landlord’s request to “leave by painting” when vacating a house that they received freshly painted after years.

Experts stated that even if the lease agreement contains a clause stating “it will be delivered painted”, this alone will not constitute a legal obligation. It was stated that the landlord cannot deduct the cost of painting from the deposit unless he can provide concrete evidence that the house is misused. DEPOSIT REFUND CAN BE DEMANDED FROM E-GOVERNMENT. On the other hand, experts stated that tenants can seek their rights against landlords who unfairly deducted from the contract.

It was emphasized that citizens can request a deposit refund through the e-Government system or by directly initiating enforcement proceedings. In addition, if the walls are not damaged on purpose, there are no scratches, breaks or misuse; It was stated that normal wear, paint fading and ceiling contamination caused by the effect of years cannot be considered as the tenant’s responsibility. For this reason, it was stated that the landlord cannot deduct paint and whitewash from the deposit just by citing wear and tear resulting from ordinary use.

SETTING A PRECEDENT In the precedent decision given by the 3rd Civil Chamber of the Supreme Court of Appeals on the subject, it was stated that painting cannot be made mandatory even if there is a clause in the lease contract, and it was noted that the tenant is not obliged to have painting done in cases of ordinary wear and tear. While it was learned that the decision in question was a precedent, it was stated that tenants who encountered similar situations could request their deposit receivables by applying via e-Government.