ABOUT LEASE AGREEMENTS
Lease Agreement Article 299 of the Turkish Code of Obligations
A lease agreement is a contract in which the lessor agrees to allow the lessee to use or benefit from something, and the lessee agrees to pay the agreed rent in return.
Considering the society we live in, it is evident that serious problems are encountered regarding lease agreements, and these problems will only increase if the necessary precautions are ignored.
Form of the Lease Agreement
As a rule, a lease agreement is not subject to any specific form. Therefore, a lease agreement does not have to be in writing; it can also be made orally. However, it is clear that it is beneficial to have the lease agreement in writing for the purpose of proving the information in case of any dispute.
Method of Proof of a Lease Agreement
As explained above, while there is no problem with a lease agreement being made orally, proving the existence of the lease relationship becomes important in oral lease agreements.
Furthermore, in terms of proving the existence of the contract, a lease agreement drawn up or certified by a notary public makes it impossible to deny the signature, thus denying the existence of the lease relationship.
However, in case of denial of the signature, an expert examination of the signature must be conducted, and the matter must be resolved according to the result.
If the contract is in writing and the tenant does not appear in court, according to Article 171 (Article 234 of the former Code of Civil Procedure) of the Code of Civil Procedure, the defendant must be interrogated to determine whether the signature on the contract submitted by the plaintiff belongs to them.
The summons for interrogation must clearly state that if the defendant does not appear in court, they will be deemed to have accepted that the signature on the lease agreement, which forms the basis of the lawsuit, belongs to them, and the decision will be made based on the existing evidence.
If the Lease Agreement Was Made Orally
In this case, the existence of the lease agreement must be proven by the plaintiff. The existence of the lease relationship is resolved according to Article 200 (Article 288 of the former Code of Civil Procedure) of the Code of Civil Procedure. Whether or not witnesses will be heard depends on the annual rent amount.
If the annual rent amount is below the limit for hearing witnesses, it is possible to hear witnesses.
If it is above, witnesses cannot be heard. Since the plaintiff has the right to offer an oath to the defendant, the issue is resolved solely according to the oath.
In Case of Dispute Regarding the Start Date and Duration of the Lease
If there is a written document, the contrary must be proven by another written document, and a written document of equal force is requested.
In the case of an oral agreement, the parties always have the opportunity to present witnesses regarding the start date and duration (for proof, the dates of electricity, natural gas, and water subscriptions related to the period the tenant used the leased property can be used).
If the defendant disputes the date stated by the plaintiff as the start date and duration of the lease, the burden of proof rests with the plaintiff, and the plaintiff must prove this claim. If the plaintiff fails to prove their claim, the date and timeframe stated by the defendant must be accepted.
In Case of a Dispute Regarding Rent in an Oral Lease Agreement
The issue is resolved by considering Article 200 (Article 288 of the former Code of Civil Procedure) of the Code of Civil Procedure.
If the annual rent amount is below the limit for hearing witnesses:
a witness can be heard.
If it is above, a witness cannot be heard. The issue can be resolved by administering an oath. However, according to Article 200/2 (Article 289 of the former Code of Civil Procedure), a witness can be heard only with their consent.