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Assignment Of Lease To New Owner for Indonesia

Assignment Of Lease To New Owner Template for Indonesia

A legally binding document governed by Indonesian law that facilitates the transfer of lease rights and obligations from an existing tenant to a new owner. The document ensures compliance with Indonesian Civil Code (KUHPerdata) and relevant property laws, particularly Law No. 5 of 1960 on Basic Agrarian Law. It includes detailed provisions for the assignment of all lease rights, responsibilities, and obligations, while maintaining the original lease terms and securing the landlord's consent. The document addresses crucial elements such as security deposits, outstanding obligations, and registration requirements in accordance with Indonesian property regulations.

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Assignment Of Lease To New Owner

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What is a Assignment Of Lease To New Owner?

The Assignment Of Lease To New Owner document is essential in Indonesian property transactions where a current tenant wishes to transfer their lease rights to a new owner. This document is commonly used in situations involving business acquisitions, property portfolio transfers, or when a tenant entity undergoes structural changes requiring lease assignment. It must comply with Indonesian Civil Code requirements and property regulations, including obtaining necessary approvals from the landlord and relevant authorities. The document typically includes comprehensive details about the original lease terms, property specifications, and any specific conditions of the assignment. It's particularly important in Indonesia's complex property law system, where proper documentation and registration of property rights transfers are strictly regulated. The document serves as crucial evidence of the legal transfer of lease rights and ensures all parties understand their respective obligations under Indonesian law.

What sections should be included in a Assignment Of Lease To New Owner?

1. Parties: Identifies all parties involved: the current tenant (Assignor), the new owner (Assignee), and the Landlord

2. Background: Outlines the existence of the original lease, the intent to assign, and the landlord's consent to the assignment

3. Definitions: Defines key terms used throughout the agreement, including Property, Original Lease, Assignment Date, etc.

4. Assignment: Core provision transferring all rights, title, and interest in the lease from Assignor to Assignee

5. Consideration: States the payment or consideration for the assignment

6. Effective Date: Specifies when the assignment takes effect

7. Assignor's Warranties: Warranties regarding the lease status, no breaches, and authority to assign

8. Assignee's Covenants: New owner's commitments to comply with lease terms and obligations

9. Landlord's Consent: Formal documentation of the landlord's approval of the assignment

10. Original Lease Terms: Confirmation that all other terms of the original lease remain unchanged

11. Registration: Requirements for registering the assignment with relevant authorities

12. Costs: Allocation of costs related to the assignment

13. Governing Law: Specifies Indonesian law as governing law and relevant jurisdiction

14. Execution: Signature blocks and execution requirements

What sections are optional to include in a Assignment Of Lease To New Owner?

1. Security Deposit Transfer: Required if there is an existing security deposit to be transferred or replaced

2. Outstanding Repairs: Needed if there are any pending maintenance or repair obligations to be addressed

3. Broker/Agent Provisions: Include if any brokers or agents were involved in facilitating the assignment

4. Tax Indemnity: Required if specific tax arrangements or indemnities need to be addressed

5. Sublease Provisions: Include if there are any existing subleases that need to be addressed

6. Property Management: Required if there are specific property management arrangements to be transferred

7. Utilities and Services: Include if there are specific utility contracts or service agreements to be transferred

What schedules should be included in a Assignment Of Lease To New Owner?

1. Schedule 1 - Property Details: Detailed description of the leased property, including address and specifications

2. Schedule 2 - Original Lease: Copy of the original lease agreement and any amendments

3. Schedule 3 - Rent and Payment Details: Current rent amount, payment terms, and any outstanding payments

4. Schedule 4 - Inventory: List of any fixtures, fittings, or equipment included in the lease assignment

5. Schedule 5 - Condition Report: Current condition of the property at the time of assignment

6. Appendix A - Landlord's Consent Letter: Formal written consent from the landlord

7. Appendix B - Registration Documents: Required forms and documents for official registration of the assignment

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Indonesia

Publisher

Ƶ

Cost

Free to use
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Relevant Industries

Real Estate

Commercial Property

Retail

Hospitality

Industrial

Office Space

Residential Property

Manufacturing

Warehousing

Mixed-Use Development

Relevant Teams

Legal

Real Estate

Property Management

Facilities Management

Operations

Compliance

Risk Management

Corporate Services

Administrative Services

Contract Management

Asset Management

Relevant Roles

Property Manager

Real Estate Manager

Legal Counsel

Compliance Officer

Facilities Manager

Asset Manager

Business Development Manager

Operations Director

Commercial Director

Contract Administrator

Real Estate Attorney

Property Administrator

Lease Administrator

Corporate Real Estate Manager

Risk Manager

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