Lease Agreements And The Problem Of Proof
ABOUT LEASE AGREEMENTS
Lease agreement TBK 299
A lease agreement is a contract whereby the lessor grants the lessee the right to use or benefit from a thing, and the lessee undertakes to pay the agreed rent in return.
Considering the society we live in, it is evident that serious problems arise in relation to lease agreements and that these problems will become even more serious if the points that require attention are overlooked.
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 and can also be made verbally. However, it is clear that it is beneficial to have a written lease agreement for the purpose of proving the information contained therein in the event of any dispute.
Form of Proof of the Lease Agreement
As explained above, although there is no objection to a verbal lease agreement, proving the existence of the lease relationship becomes important in verbal lease agreements.
Again, in terms of proving the aforementioned agreement, a lease agreement drawn up or approved by a notary public cannot be denied, as it is not possible to deny the lease relationship.
However, in the event of a denial of signature, a signature examination must be carried out through an expert, and the case must be resolved according to the outcome.
If the contract is in writing and the tenant does not appear at the hearing, pursuant to Article 171 (HUMK 234) of the Code of Civil Procedure, the defendant must be examined and asked whether the signature under the contract presented by the plaintiff belongs to him/her.
The summons for questioning must clearly state that if the defendant fails to appear in court, they will be deemed to have accepted that the signature on the lease agreement relied upon by the plaintiff is theirs, and that a decision will be made based on the available evidence.
If the Lease Agreement Was Made Verbally
In this case, the existence of the lease agreement must be proven by the plaintiff. The existence of the lease relationship is resolved in accordance with Article 200 (HUMK 288) 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 witness hearing threshold:
witnesses may be heard.
If it is above the threshold, witnesses are not heard. Since the plaintiff has the right to offer an oath to the defendant, the issue is resolved solely on the basis of the oath.
In Case of Disagreement Regarding the Start Date and Duration of the Lease
If there is a written document, since the contrary can be proven with another written document, a written document of the same strength is required.
In the case of a verbal agreement, the parties always have the option of hearing witnesses regarding the start date and duration (for proof, the tenant’s electricity, natural gas, and water subscription dates for the period in which they used the rented property can be used).
If the defendant objects to the date stated by the plaintiff as the start date and duration of the lease, the burden of proof lies with the plaintiff, who must substantiate this claim. If the plaintiff fails to prove it, the date and duration stated by the defendant must be accepted.
In Case of Disagreement Regarding the Rent Amount in a Verbal Lease Agreement
The issue is resolved by considering Article 200 of the Code of Civil Procedure (HUMK 288).
If the annual rent amount is below the witness hearing threshold,
witnesses may be heard.
If it is above the threshold, witnesses may not be heard. The matter may be resolved by administering an oath. However, witnesses may be heard if consent is given in accordance with HMK 200/2 (HUMK Article 289).