The Agreement To Vacate Premises is a crucial legal document used in Indonesian property management when a tenant is required to or agrees to vacate a property. This document is essential in both residential and commercial contexts, particularly when formalizing the end of a tenancy arrangement. It should be used when both parties have agreed to terminate the occupation of the premises, whether at the end of a lease term or through mutual agreement for early termination. The agreement must comply with Indonesian Civil Code requirements and local property regulations, incorporating specific provisions for property handover, security deposit settlement, and utility bill reconciliation. It serves as a protective measure for both landlords and tenants by clearly documenting the vacation terms and conditions, helping prevent future disputes under Indonesian jurisdiction.
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1. Parties: Identification of the landlord/property owner and the tenant/occupant, including their full legal names, addresses, and any relevant registration numbers
2. Background: Brief context of the existing tenancy arrangement and the agreement to vacate
3. Definitions: Key terms used throughout the agreement including 'Premises', 'Vacation Date', 'Security Deposit', etc.
4. Premises Details: Full description and address of the property to be vacated
5. Vacation Terms: Specific date and time by which the premises must be vacated
6. Condition of Premises: Requirements for the condition in which the premises must be returned
7. Security Deposit: Terms for the return or withholding of security deposit based on property condition
8. Handover Process: Procedure for keys return and property inspection
9. Final Bills and Payments: Settlement of outstanding utility bills and other payments
10. Governing Law: Specification that Indonesian law governs the agreement
11. Execution: Signature blocks and execution details
1. Abandonment of Property: Procedures for dealing with any personal property left behind by the tenant
2. Early Termination Fees: Include when the vacation is occurring before the end of a fixed-term lease
3. Forwarding Address: Section for tenant's new address for future correspondence
4. Renovation Requirements: Include when specific repairs or renovations are required before vacation
5. Mediation Clause: Include when parties wish to specify dispute resolution procedures
6. Third Party Rights: Include when other parties (such as guarantors) have rights under the original lease
1. Schedule 1 - Property Inventory: Detailed list of fixtures and fittings belonging to the property
2. Schedule 2 - Condition Report: Current condition of the property with photographs
3. Schedule 3 - Outstanding Payments: List of any pending bills or payments to be settled
4. Appendix A - Original Lease Reference: Copy or key details of the original lease agreement
5. Appendix B - Handover Checklist: Checklist for final inspection and handover process
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