AŞIKOĞLU LAW OFFİCE | Lease Contracts And The Issue Of Proof
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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Lease Contracts And The Issue Of Proof

Lease Contracts And The Issue Of Proof


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 lessor and the lessee pays the agreed rental price in return.

In view of the society we live in, it reveals the fact that we face serious problems related to lease agreements and that it will be even more important when the issues that need to be considered are ignored.

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 done in writing and it is possible to be done orally. However, in this respect, it is clear that the information regarding the lease agreement should be made in writing in terms of proof of any dispute.

Proof Of Lease Agreement

As explained above, the proof of the existence of a lease relationship without being a behis in the verbal making of the lease agreement is important in the verbal lease agreements.

It is not possible to deny the lease relationship since it will not be possible to deny the signature of the lease agreement, which is not arranged or approved by notary in terms of proof of the contract in question.

However, in case of denial of signature, the signature must be examined by the expert and must be resolved according to the outcome to be reached.

If the contract is written and the tenant does not come to trial, according to HMK 171 (HUMK 234) article, the defendant must be asked whether the signature under the contract presented by the plaintiff belongs to him or not.

If the invitation of the applicant does not come to the hearing, it must be written that the signature under the lease agreement, which is the basis of the case by the plaintiff, will be deemed to have accepted that it belongs to him and will be decided according to the available evidence.

If The Lease Agreement Is Made Orally

In this case, the existence of the lease agreement must be proved by the plaintiff.The existence of the lease relationship is resolved according to Article HMK 200 (HUMK 288).According to the amount of annual rent, the witness shall be heard.

Annual rent, the limit on witness wiretapping:

under it is the ability to listen to witnesses.
on it, the witness will not rest. Since the plaintiff has the right to offer an oath to the defendant, the issue is resolved only by Oath
In The Event Of A Dispute Over The Beginning And Duration Of The Lease

If there is a written document, it will be proved otherwise with the written document.

In the oral contract, the parties always have the opportunity to listen to witnesses in terms of the start and duration (for proof, electricity, natural gas and water subscription dates can be used for the period in which the tenant used the rental medium).

If the defendant opposes the date reported by the plaintiff as the beginning date and duration of the lease, the plaintiff has to prove this claim because the burden of proof is on the plaintiff. If the plaintiff cannot prove it, it is necessary to take into account the date and Time reported by the defendant.

In The Event Of A Dispute Regarding The Rental Price In The Oral Lease Agreement

The problem is again solved by considering HMK 200 (HUMK 288).

Annual rent amount of witness wiretapping limit;

under it, the witness can rest.
on it, the witness cannot rest. It can be resolved by making an oath. The witness may be heard only if it is consented in accordance with HMK 200/2 (article 289 of HUMK).

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