What Is a Rental Agreement and How Many Types of Rental Agreements Are There?

What Is a Lease Agreement and How Many Types of Lease Agreements Are There?

A lease agreement is a contract in which the lessor undertakes to leave the use of a thing or the use together with the benefit of it to the lessee, and the lessee undertakes to pay the agreed rent in return. Lease agreements are divided into two: fixed-term lease agreements and indefinite-term lease agreements. Fixed-term lease agreements are lease agreements that end automatically upon the expiration of the agreed term without the need for any notice. An indefinite-term lease agreement, on the other hand, is a contract that does not end with the passage of the agreed term without any notice, such as the sending of a formal warning, but rather ends upon the provision of a notice. The existence of lease agreements can only be proven with written evidence. Lease agreements are not subject to a formal requirement and can be made both in writing and orally. The sale of the leased real estate does not terminate the lease agreement. The tenant continues the rental relationship with the new landlord for the duration of the lease agreement. However, the new landlord must file an eviction lawsuit to remove the tenant from the property. If the parties have made a lease agreement verbally, the party defending the existence of the lease agreement has the right to tender an oath to the relevant person. The Civil Court of Peace is the competent court for all kinds of eviction lawsuits based on a lease agreement, termination of lease agreement lawsuits, rent determination lawsuits, and claims for rent and compensation filed in conjunction with these lawsuits. Matters that can be the subject of a lease can be movable and immovable properties, as well as any kind of goods, whether income-generating or not. Examples of movable property leases are automobiles, books, and household goods. Income-generating leases are leases such as product leases or hunting leases. While preparing a lease agreement, the parties may determine between themselves where the competent court will be. The parties have the right to add a provision regarding a certain rate of rent increase each year to the lease agreement. Lease agreements are binding as they contain the declarations of both parties. In the event that it is claimed that the lease agreement is invalid due to absolute nullity and is not legally valid, the issue is not the termination of the lease agreement, but rather the cancellation of the lease agreement. The Civil Court of Peace is also the competent court for compensation lawsuits filed against eviction lawsuits. If the leased real estate burns down due to a fire, the lease agreement terminates. The registration of the lease agreement in the land registry; the registration of the lease agreement in the land registry in favor of the tenant subsequently binds the new owner who acquires the leased property. In order for a lease agreement to be valid in the leasing of shared property, a majority of shares and shareholders is required. The price of the leased property may be determined in foreign currency, and payments are made by the tenant in this way. The phrase "no eviction lawsuit will be filed" is not valid at the stage of making a lease agreement. A provision placed in the lease agreement where the lessor waives in advance the right to eviction that will arise from the law in the future does not prevent the lessor's right to file a lawsuit. The person who will prove the existence of the lease agreement is the plaintiff who relies on the lease agreement in their lawsuit. In verbal lease agreements, the method of proof by witness is applied. However, witnesses are not heard against a written lease agreement. If the tenant wants to have the lease agreement registered in the land registry unilaterally, it emerges that the lessor's approval must definitely be obtained. If the tenant has not explicitly rejected the lease agreement, they accept the existence of the lease agreement. The items that should be included in a lease agreement are as follows: address information of the leased place, the lessor's name, surname, address and national ID information, the tenant's name, surname, address and national ID information, the monthly and yearly rent amount must be written separately in both figures and words, the duration of the lease and the lease start date, the condition of the leased place at the time it is leased, the purpose for which the leased place will be used, the fixtures delivered together with the leased place, the bank account number where the rent will be deposited, and if deemed necessary, the guarantor's name, surname, address and national ID information should be added.

Attorney Gizem GONCE