Lease Agreements And The Problem Of Proof

ABOUT LEASE AGREEMENTS

Lease agreement TBK 299

A lease agreement is a contract in which the lessor undertakes to leave the use of something or the use of it to the lessee, and the lessee undertakes to pay the agreed rental price in return.

Considering the society we live in, it reveals the fact that serious problems related to rental agreements are faced and will become even thicker if the issues that need to be paid attention 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, but it is also possible to make it oral. However, it is clear that it is beneficial to make the information about the lease agreement in writing in terms of proving it in the face of any dispute.

The Form of Proof of the Lease Agreement

As explained above, the proof of the existence of the lease relationship becomes important in oral lease agreements by not being a behis in the oral execution of the lease agreement.

Again, it is not possible to deny the lease relationship, since a notarized or approved lease agreement will not be possible to deny the signature in terms of proving the contract in question.

However, in case of signature denial, signature examination should be made through an expert and it should be resolved according to the result to be reached.

If the contract is written and the tenant does not come to the hearing, it is necessary to ask the defendant whether the signature under the contract submitted by the plaintiff belongs to him according to the provision of Article HMK 171 (HUMK 234).

In the event that the applicant does not come to the hearing, it must be written that the signature under the lease agreement based on the case by the plaintiff will be deemed to have accepted that it belongs to him and that it 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 a lease relationship is resolved according to Article HMK 200 (HUMK 288).According to the annual rent amount, the focus is on whether the witness will be listened to.

The annual rental amount is the limit of witness listening:

under it, there is the opportunity to listen to witnesses.
on it, the witness does not rest. 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 About The Beginning And Duration Of The Lease

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 (For proof, electricity, natural gas and water subscription dates related to the period when the tenant uses the rental facility can be used).

If the defendant opposes the date that the plaintiff reports as the start date and duration of the lease, the plaintiff must prove this claim, since the burden of proof is on the plaintiff. If the plaintiff cannot prove it, it is necessary to respect the date and period reported by the defendant

In the Event of a Dispute About the Rental Price in the Oral Lease Agreement

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

The annual rental amount of the witness listening limit;

under it, the witness can rest.
on it, the witness cannot rest. It can be solved by swearing. However, the witness may be heard if the consent is given in accordance with HMK 200/2 (HUMK article 289).

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