Rental contracts are permanent, consenting and gratuitous contracts that impose debts on both parties, and are comprehensively regulated in the Turkish Code of Obligations and defined in Article 299 of the law by the legislator. According to the law, a lease agreement is a contract in which the lessor is left to use something or to benefit from it in addition to using it, and the lessee undertakes to pay the rent agreed between the parties in return for this.
This definition in the law; It is a definition that not only covers residential rent, roofed workplace rent and product rent, but also defines all kinds of rental relationships. If we start from this definition in the law, it will be possible to divide the lease contracts into two as lease contracts that create a loan to be used, and lease agreements that create a utility debt. In addition, lease agreements can be divided into fixed-term or indefinite-term lease agreements in terms of the period they are made.
In the lease agreement; The person who leaves the use of something or in addition to this use to the other party is the lessor, and the person who is obliged to pay a price in return is the lessee. As it 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 tenant to be able to use or benefit from the leased item, it must be a possession, that is, it must be in possession of the thing.
It should also be noted that the parties to the lease agreement may be natural persons or legal persons.
The lease agreement is established with the consent of the parties and a declaration of intent compatible with each other. Although there is no form requirement for the validity of the contract, it is recommended that it be established in writing, as it will facilitate proof in case of any dispute.
Since lease contracts are a contract that creates permanent debt, various termination reasons are also regulated in the special provisions of the Law on rental contracts, but there are also some termination situations that can be deduced from the General Provisions section of the Law.
you can read our other articles and petition examples by clicking here.