ABOUT LEASE AGREEMENTS
Lease agreement TBK 299
A lease agreement is a contract in which the lessor undertakes to leave the use or use of something to the lessee, as well as the use of it, and the lessee pays the agreed rental price in return.
Considering the society in which we live, it shows the fact that there are serious problems related to lease agreements and that they will be left even more when the issues that need to be paid attention to are ignored.
The Form of the Lease Agreement
As a rule, the lease agreement is not subject to a form. Therefore, the lease agreement does not have to be made in writing and it is possible to make it orally. However, it is clear that it is useful to make the information about the lease agreement in writing in terms of proof in the face of any dispute in this regard.
Form of Proof of the Lease Agreement
As explained above, there is no behis in the oral conclusion of the lease agreement, but the proof of the existence of a lease relationship becomes important in oral lease agreements.
Again, in terms of proving the contract in question, a notarized or approved lease agreement is not possible to deny the lease relationship, since it will not be possible to deny the signature.
However, in case of signature denial, the signature should be examined through an expert and resolved according to the conclusion to be reached.
If the contract is written and the tenant does not come to the hearing, according to the provision of Article HMK 171 (HUMK 234), the defendant must be asked if the signature under the contract submitted by the plaintiff belongs to him
If the Istichvap invitation does not come to the hearing, it must be written that the plaintiff will be deemed to have accepted that the signature under the lease agreement based on the case will be his own and will be decided according to the available evidence
If the Lease Agreement Has Been Made Orally
In this case, the existence of a lease agreement must be proved by the plaintiff.The existence of a lease relationship is resolved in accordance with Article HMK 200 (HUMK 288).The focus is on whether the witness will be listened to according to the annual rent amount.
The amount of annual rent, the limit of listening to witnesses:
under it there is an opportunity to listen to witnesses.
and the witness will not rest on it. Since the plaintiff has the right to offer the defendant an oath, the problem is solved only according to the oath
In Case Of Disagreement On The Beginning And Duration of The Lease
If there is a written document, a written document of the same strength is requested, since this will be proven otherwise by a written document again.
In the oral contract, the parties always have the opportunity to listen to witnesses from the point of view of the beginning and duration (electricity, natural gas and water subscription dates for the period in which the tenant uses the rental obligation can be used for proof).
If the defendant opposes the date declared by the plaintiff as the starting 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 it, it is necessary to respect the date and time declared by the defendant
If There is a Dispute About the Rental Price in the Oral Lease Agreement
The problem is again solved by considering the article HMK 200 (HUMK 288).
The annual rental amount is below the witness listening limit;
under it, the witness can rest.
and the witness cannot rest on it. It can be resolved by taking an oath. However, if approved in accordance with HMK 200/2 (article 289 of the HUMK), the witness can be heard
