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, in return for which the lessee pays the agreed rental price.
Given the society we live in, it is becoming clear that there are serious problems with rental agreements and that they will fall further behind if the Decrees that need attention 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, in case of any dispute on this issue, it is obvious that it is useful to make the information about the lease agreement in writing in terms of proof.
Proof Form of the Lease Agreement
As explained above, while there is no obligation in the oral conclusion of the lease agreement, it becomes important to prove the existence of the lease relationship in the oral lease agreements.
Again, it will not be possible to deny the signature of a notarized or approved lease agreement in terms of proving the contract in question, nor will it be possible to deny the lease relationship.
However, in case of denial of the signature, the signature must be examined through an expert witness and a decision must be made according to the result to be reached.
The if tenant does not come to the hearing even though the contract is in writing, the defendant should be asked whether the signature submitted by the plaintiff in the contract belongs to him/her in accordance with the provision of Article 171 of the CCP (Code 234).
If the invitation for employment does not come to the hearing, it should be written that the signature under the lease agreement subject to the case will be deemed accepted by the plaintiff and the decision will be made according to the available evidence.
If the Lease Agreement Was Made Verbally
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). The issue being considered here is whether the witness will be listened to according to the annual rental price.
Annual rental fee, witness listening limit:
there is an opportunity to listen to witnesses under it.
and the witness will not trust it. Since the plaintiff has the right to offer an oath to the defendant, the problem is solved only according to the oath. Rent
In Case of Disagreement about the Beginning and Duration of the Contract
If there is a written document, a written document of the same strength is requested, since the opposite 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 beginning and duration (electricity, natural gas and water subscription dates for the period when the tenant uses the rent arrears can be used as evidence).
If the defendant objects to the date declared by the plaintiff as the start date and duration of the lease agreement, 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 declared by the defendant
In Case There is a Dispute About the Rental Price in the Verbal Lease Agreement
The problem is solved again by taking into account Article HMK 200 (HUMK 288).
The annual rental price is below the witness listening limit;
under it, the witness can rest.
and the witness can’t trust that. It can be solved by swearing. However, according to HMK 200/2 (HUMK’s 289. if approved according to the article), the witness may be heard