What is a Rental Agreement? How is it done? How to Terminate?

What is the Rental Agreement, How it is Made, How it is Terminated
What is the Rental Agreement, How to Do, How to Terminate

A lease agreement, also known as a lease, is a contract stating that the landlord gives his property to a tenant for use for a certain period of time. Although the lease agreement may seem like a simple document, it is in fact an agreement between the parties in which the responsibilities of the relevant property are written, and it is directly applied in any dispute that may arise. In this sense, it is actually a very important issue. It is important that everyone, regardless of the landlord or the tenant, is informed about this issue.

What is a Rental Agreement?

Before starting to answer the frequently asked questions about the lease contract, "What is a lease contract?" It is useful to mention the details of the subject. The lease agreement defined in article 299 of the Turkish Code of Obligations, in a sense, functions as a bond between the landlord and the tenant, from the moment it is signed.

Rental contract is the official document agreed between the landlord and the tenant, which determines the general conditions of the house as well as the conditions. In other words, in this sense, the lease contract is a document that binds both parties. For this reason, when it is required to be terminated, it can only be terminated by mutual agreement of the two parties. In the event of a dispute, the decision to terminate can only be given by the court.

How to Make a Rental Agreement?

One of the questions frequently asked by users is “how to make a rental agreement?” is the question. The lease contract basically consists of three parts, the part regarding the fixtures and goods delivered to the tenant together with the property, and the part containing the general-special conditions. Tenants must complete these sections legibly and completely.

It is clearly stated on the contract paper which information will be written where. However, if you do not want to make a mistake in this regard, you can examine the full versions of the rental agreement samples available on the internet. You can also choose to get help from your real estate agent in this regard. Contracts, which can be created using leash samples available in stationery and on the internet, can also be drawn up by the landlord or their agent.

The lease agreement consists of 3 parts;

  • Rental information: The part where the rental information is located is the area where the address, contact information of the landlord, and the type of the existing property are located. This section also contains information such as the beginning and end of the rental process, the rental price of the relevant property.
  • Fixture information in the rented property: This includes the fixtures in the property in question, the items in the house, the mailbox and subscription counters. The key to the property is also included in the fixtures section of the lease agreement.
  • General conditions: Information requested by the owner of the relevant property, the account to which the rent will be deposited, as well as the renovations to be carried out in the property in question, are included in this field.

These three articles are sufficient for the realization of a lease agreement between the tenant and the owner. After the lease contract is prepared and signed, one copy of the relevant contract remains with the tenant and the other remains with the owner. What you need to know about the lease agreement is very important for landlords and tenants.

How to Terminate the Rental Agreement?

One of the most critical questions for those who are considering renting a house or renting their house is "How to terminate the lease agreement?" is the question. Information such as the starting date of the lease, the total price of the lease and the duration of the contract, which are included in the lease agreement and binding both parties, also determine the terms of the termination of the lease contract. Depending on whether the contract is for a definite or indefinite period, the termination process may take place in different ways.

According to article 6098 of the relevant law numbered 347, termination of fixed-term lease agreements can be made by the lessee's written notification at least 15 days before the end of the contract. In the absence of notification, the lease contract is renewed for 1 year. The property owner, on the other hand, cannot terminate upon the expiration of the relevant contract.

In order for the property owner to terminate the lease, the relevant documents must have completed 10 years. In every 10 year after 1 years, which is defined as the extension period, the landlord may request the tenant to leave the house by giving notice 3 months before the end of the contract. If this contract is for an indefinite period, the lessee can always terminate the lease. In this case, the landlord must wait for 10 years to pass over the relevant lease.

The landlord may terminate the contract by filing a lawsuit for a reason originating from the new purchaser or the tenant. In addition, if the owner needs to use the real estate as a residence or workplace, to reconstruct or repair, he may file a lawsuit and seek termination.

When someone else buys the relevant property, the relevant document can be terminated even if the need to use the real estate arises. The new owner of the property must notify the lessee within 1 month from the date of purchase of the property. In addition, it must request the application of termination with the lawsuit filed after 6 months.

If the tenant has declared in writing that he will vacate the house by a certain date, but has not vacated, the landlord may apply for enforcement to terminate the lease. In the event that the tenant does not pay the rent, the landlord may request the termination of the lease contract by filing a lawsuit.

Günceleme: 09/06/2022 11:26

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