Obligations of Kat Maliki and Tenant According to Debts Law
It will not be wrong to say that with the amendment of the law, the relationship between the owner and tenant has returned to the debt-receivable relationship, and the lease agreement also has the status of a promissory note. Therefore, you should evaluate the conditions well before signing a lease agreement.
First, let's take the definitions part out: according to the new law, there are 3 basic elements as lessor, lessee and lease agreement. In the relevant article (Article 299), the lease agreement is defined as follows: “It is the contract in which the lessor undertakes to leave the use of something... to the tenant, and the tenant also to pay the agreed rental price in return.
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A. OBLIGATIONS OF THE LESSOR TO THE LESSEE
Let's take a look at the issues that form the basis of the lessor's obligations - here we have listed the issues that, in our opinion, are important in order of importance:
- The most basic obligation of the lessor is to ensure that the property remains as it was leased for the duration of the lease (except for wear and tear due to use) (Article 301)
- Insurance, taxes, etc. must be paid to the lessor unless otherwise agreed in the lease agreement (Article 302)
- The lessor is obliged to cover all incidental expenses foreseen or unforeseen under the condition that they are related to the use (Article 303)
- In the event that any defect of the lessee arises and the tenant suffers damage due to this defect, he is obliged to cover the damage caused to the tenant (Article 308)
- In case of late payment of the rent, an agreement with any criminal conditions cannot be concluded (Article 346)
Apart from these, when we examine the law on debts, we come across a phrase such as “unless there is a local law”. With the use of this word, it is understood that the general practices in the area where the desired real estate is located are accepted. But it should also be borne in mind that local customs are not above the law and will not apply in case of violation of the law.
B. LIABILITY OF THE LEASE TO THE ASSIGNEE
The obligations of the tenant are clearly and clearly spelled out in the law, although they are not as many as the obligations of the lessor. The issues underlying the tenant's obligations are as follows:
- The most basic obligation of the tenant is to pay his rent (Article 313)
- If the date of payment of rent is not specified from the lease agreement or there is no general practice in the region where the real estate is located, the rent is paid at the end of each month (Article 314)
- If the tenant does not pay the rent or other expenses for which he is obliged to pay, the lessor may terminate the lease agreement (Article 315)
- The tenant must obtain written permission from the lessor on any changes he will make to the leased.
- The tenant must deliver the house in such a way as he received it. However, it is not responsible for deficiencies and wear due to use (Article 341)
Another - basic obligation for the tenant, which is contained in both the law on debts and in other relevant laws, is that he pays due attention to the real estate he rents and that he gets along with the rights of the surrounding residents. Otherwise, the lessor has the right to unilaterally terminate the lease agreement.
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