What Is The Lease Of Residential And Roofed Workplaces?
A lease agreement is a contract that stipulates the transfer of the right to use and benefit from a property to another person for a certain price and gives rise to a personal right. Three types of lease agreements are regulated in the Code of Obligations: Ordinary Lease, Lease of Residential and Roofed Workplaces and Product (Revenue) Lease. Lease agreements are among the agreements that do not have to be made in writing.
A dwelling is a place where the need for shelter is fulfilled and which allows the person to maintain his/her private life. The legislator considers it sufficient for the dwelling to serve the above-mentioned purposes and has not introduced the obligation of having a roof for dwellings, which it has introduced for workplaces.
A workplace can be defined as a place where a person carries out his/her commercial, industrial, economic or professional activities or serves for the performance of his/her profession. However, the legislator has included only roofed workplaces within the scope of Article 339 et seq. of the Code of Obligations. Therefore, the lease of workplaces without a roof (land, open-air tea gardens, etc.) shall be subject to the general provisions (Art. 299 et seq. of the Code of Obligations).
In addition, even if it has the above qualifications, the provisions regarding ordinary rent regulated in Articles 299 et seq. of the Code of Civil Procedure shall apply to lease agreements of 6 months or less.
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