23.05.2026 20:20
From exorbitant rent increases to eviction demands, tenants already burdened with numerous issues are further strained by the requirement to repaint the apartment when moving out. Legal experts point out that the landlord might have handed over the apartment freshly painted, and note that the famous landlord saying 'Leave the apartment as you found it' is now a thing of the past.
The debate over whether tenants are required to paint and renovate when vacating a property has gained a new dimension with a landmark ruling from the Court of Cassation.
'LEAVE THE HOUSE AS YOU FOUND IT' ERA ENDS
Noting the end of an era in tenant-landlord relations, Selman Nuri Kaya, a lawyer from the Bursa Bar Association, stated that a tenant who received a freshly painted house may face a demand years later when moving out to 'paint and renovate before leaving.'
Lawyer Kaya, arguing that the tenant is not obligated to have the house painted, even expressed that a clause in the lease agreement stating 'will be delivered painted' does not constitute a legal basis. He emphasized that the landlord cannot deduct from the deposit on the pretext of painting unless they can prove misuse (poor use).
"TENANT CANNOT BE HELD RESPONSIBLE FOR WEAR AND TEAR ARISING FROM NORMAL USE OF THE PROPERTY"
Explaining that in case of unjust deductions, the deposit can be legally reclaimed via the e-Government Gateway or by initiating direct enforcement proceedings, Lawyer Selman Nuri Kaya gave the following warnings: "If you have not intentionally damaged the walls (no scratches, no misuse), and only ordinary aging, fading, or ceiling smudging due to years have occurred, this is not the tenant's responsibility. The costs of such repairs and painting resulting from natural use belong entirely to the landlord. The 3rd Civil Chamber of the Court of Cassation, in its landmark decision, stated that even if included in the contract, painting does not constitute a requirement. The limits of the tenant's responsibilities are defined by Article 334 of the Turkish Code of Obligations. According to this article, the tenant cannot be held responsible for wear and tear arising from normal use of the property. For example, situations like the fading of wall paint over time, the formation of small scratches, or the dulling of parquet color are considered outside the tenant's natural scope of responsibility. In this context, the tenant is not obligated to paint the property upon eviction."
WHAT DOES THE COURT OF CASSATION SAY?
Meanwhile, the jurisprudence decision of the 3rd Civil Chamber of the Court of Cassation states: "A deposit fee has been collected, and it is stated that upon eviction, the deposit will be returned in kind to the tenant provided that the tenant vacates the leased property debt-free and undamaged, and delivers it empty, clean, painted, and well-maintained. Pursuant to Article 316 of Law No. 6098, the Turkish Code of Obligations, the tenant is obliged to use the leased property with due diligence and, as per Article 334 of the same Law, to deliver it to the lessor at the end of the contract in the condition in which it was received. However, the tenant is not responsible for aging and deterioration resulting from proper use according to the contract, but only for damage and harm arising exclusively from misuse.' Therefore, if you have used the leased property with due care, you are not obliged to paint and renovate when vacating the house. Therefore, if you have used the leased property with due care, you are not obliged to paint and renovate when vacating the house."