Multiple Lease Agreements in Enforcement Court
In the enforcement proceeding initiated against the defendant on 25.01.2013 based on the lease agreement dated 01.12.2012, the plaintiff’s attorney requested the collection of a total of 60.750 TL rent receivable for the months of May, June, July, September, October, November, December and January of 2013. The defendant debtor, in his objection to the enforcement proceeding in due time upon notification of the payment order, stated that the rent was paid and that he had no debt to the creditor. In his reply, the defendant claimed that the monthly rent is 1600 TL based on the lease agreement dated 01/01/2012 starting date and 01/01/2014 ending date with a monthly rent of 1600 TL and submitted payment receipts for the period subject to enforcement proceedings. Pursuant to Article 269/2 of the BEC, it is not possible to take into account the lease agreement submitted by the debtor, which contains a different rental price than the lease agreement on which the signature is not contested, in this proceeding. For what purpose more than one lease agreement was signed can be claimed by the debtor in a lawsuit to be filed in the local court. For this reason, although the defendant’s defence that the monthly rent is 1600 TL cannot be credited, it is not correct to make a decision with incomplete examination in writing, while the court should examine the receipts submitted by the defendant and decide according to the result by focusing on the defendant’s payments (Court of Cassation 6th HD – Decision: 2013/13936).
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