Lease Relationship
Lease agreements are permanent, consensual and accelerated agreements that impose obligations on both parties and are comprehensively regulated in the TCO and defined by the legislator in Article 299 of the law. It is defined in Article 299. According to the Law, a lease agreement is a contract in which the lessor leaves the use of a thing or the use of a thing in addition to its use to the lessee, and the lessee undertakes to pay the rent agreed between the parties in return.
This definition in the law does not only cover residential lease, roofed workplace lease and product lease, but it is a definition that will define all kinds of lease relations. Based on this definition in the Law, it will be possible to divide the lease agreements into two as lease agreements that give rise to the obligation to use and lease agreements that give rise to the obligation to benefit. In addition, lease agreements can be divided into two as fixed-term or indefinite-term lease agreements.
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In the lease agreement; the person who leaves the use of a thing or the use of a thing in addition to this use to the other party is the lessor, and the person who is under the obligation to pay a price in return is the lessee. As can be understood from the definition in the law, the person who leases something does not have to be the owner of that thing. However, in order for the lessee to use or benefit from the leased thing, he/she must be in possession, that is, he/she must have that thing in his/her possession.
It should also be noted that the parties to the lease agreement may be real persons or legal entities.
The lease agreement is established with the consent of the parties and the declaration of will in accordance with each other. Although no form requirement is required for the contract to be valid, it is recommended to be established in writing as it will provide convenience in terms of proof in case of any dispute.
Since lease agreements are contracts that give rise to a continuous debt, various reasons for termination are regulated in the special provisions of the Law on lease agreements, but there are also some termination situations that can be deduced from the section titled General Provisions of the Law.
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