ABOUT RENTAL AGREEMENTS
Lease agreement TCO 299
A lease agreement is a contract in which the lessor undertakes to leave the use or use of something to the lessee, and the lessee undertakes to pay the agreed rental price in return.
Given the society we live in, it Decrees that there are serious problems in the lease agreements, and the fact that these problems will grow even more if the issues that need to be taken into account are ignored.
The Form of the Lease Agreement
As a rule, the lease agreement is not subject to a form. For this reason, it is not mandatory to make the lease agreement in writing, but it is also possible to make it verbally. However, it is clear that making the information about the lease agreement in writing is useful in terms of proving it in the face of any dispute.
The Form of Proof of the Lease Agreement
As explained above, it becomes important to prove the existence of a rental relationship in verbal lease agreements, and it does not have the nature of a behis in the oral performance of the lease agreement.
Again, denial of the rental relationship is not possible, because it will not be possible to deny the signature of a notarized or approved rental agreement in terms of proving this agreement.
However, in case of signature denial, a signature examination should be carried out through an expert witness and a decision should be made according to the result to be reached.
If the tenant does not come to the hearing even though the contract is in writing, the defendant must be asked in accordance with the provision of Article 171 HMK (HUMK 234) whether the signature shown by the plaintiff in the contract belongs to him.
plaintiff does not come to the hearing, it should be written that the signature under the lease agreement subject to the lawsuit will be deemed to belong to the plaintiff and the decision will be made according to the available evidence.
If the Lease Agreement Was Made Verbally
The if In this case, the existence of the lease agreement must be proved by the plaintiff. The existence of a lease relationship is resolved according to Article 200 of the CCP (HUMK 288). According to the annual rental price, the focus is on whether the witness will be listened to.
The annual rental fee is the limit of listening to witnesses:
under it, there is the possibility of listening to witnesses.
on it, the witness does not rest. Since the plaintiff has the right to offer an oath to the defendant, the problem is solved only according to the oath.
In Case of Disagreement about the Beginning and Duration of the Lease Agreement
If there is a written document, a written document of the same strength is requested, because otherwise it will be proved by a written document again.
In the oral contract, the parties always have the opportunity to listen to witnesses in terms of the start and duration (electricity, natural gas and water subscription dates related to the period when the tenant uses the rental facility can be used for proof).
If the defendant objects to the date reported by the plaintiff as the start date and duration of the lease, the plaintiff must prove this claim, because the burden of proof is on the plaintiff. If the plaintiff cannot prove this, it is necessary to respect the date and time of the defendant’s notification
In Case There is a Dispute About the Rental Price in the Verbal Lease Agreement
The problem is again solved by taking into account Article HMK 200 (HUMK 288).
The annual rental cost of the witness listening limit;
under it the witness can rest.
the witness can rest on it. It can be solved with an oath. However, if the witness consents, HMK 200/2 (HUMK 289. according to the article) can be listened to.