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Property Tenancy Agreement for Indonesia

Property Tenancy Agreement Template for Indonesia

A comprehensive legal document governed by Indonesian law that establishes and regulates the relationship between a property owner (landlord) and occupant (tenant) for the temporary use of real property. This agreement outlines the terms and conditions of the tenancy, including rent payments, duration, maintenance responsibilities, and other obligations of both parties, while ensuring compliance with Indonesian Civil Code (KUHPerdata) and relevant property regulations. The document incorporates specific provisions required under Indonesian law, including local property regulations and tax considerations, while providing clear mechanisms for dispute resolution and termination.

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What is a Property Tenancy Agreement?

The Property Tenancy Agreement serves as a vital legal instrument in Indonesian real estate transactions, establishing the formal relationship between property owners and tenants. This document is essential when any party wishes to lease out or rent property in Indonesia, whether for residential or commercial purposes. It must comply with the Indonesian Civil Code (KUHPerdata), Law No. 1 of 2011 on Housing and Settlement Areas, and various regional property regulations. The agreement typically includes comprehensive details about the property, rental terms, payment schedules, maintenance obligations, and dispute resolution procedures. It's particularly important given Indonesia's specific requirements regarding property rental, especially concerning foreign tenants and commercial leases. The Property Tenancy Agreement should be drafted with careful consideration of local customs and practices while ensuring all legal requirements are met.

What sections should be included in a Property Tenancy Agreement?

1. Parties: Identification and details of the landlord and tenant, including their legal addresses and any registration numbers

2. Background: Context of the agreement and brief description of the property being leased

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Details: Detailed description of the leased property, including address and boundaries

5. Term and Renewal: Duration of the lease, commencement date, and renewal terms

6. Rent and Payment Terms: Rental amount, payment schedule, method of payment, and late payment consequences

7. Security Deposit: Amount, terms of holding, and conditions for return of the security deposit

8. Utilities and Service Charges: Responsibility for utility payments and service charges

9. Use of Property: Permitted use of the property and any restrictions

10. Maintenance and Repairs: Responsibilities of both parties regarding property maintenance and repairs

11. Landlord's Obligations: Specific duties and responsibilities of the landlord

12. Tenant's Obligations: Specific duties and responsibilities of the tenant

13. Insurance: Required insurance coverage and responsibilities

14. Default and Remedies: Events of default and available remedies for both parties

15. Termination: Conditions and procedures for early termination

16. Governing Law: Specification of Indonesian law as governing law and jurisdiction

17. Notices: Process and addresses for formal communications between parties

18. Execution: Signature blocks and execution requirements

What sections are optional to include in a Property Tenancy Agreement?

1. Foreign Tenant Provisions: Additional requirements and provisions specific to foreign tenants, including visa and stay permit requirements

2. Shared Facilities: Rules and access rights for common areas in apartment or complex settings

3. Subletting: Terms and conditions for subletting, if permitted

4. Fit-out Works: Terms for any modifications or improvements the tenant may make to the property

5. Force Majeure: Provisions for unforeseen circumstances affecting the tenancy

6. Property Management: Additional terms when property is managed by a third party

7. Pet Policy: Terms and conditions for keeping pets on the property

8. Parking: Terms for use of parking facilities if applicable

What schedules should be included in a Property Tenancy Agreement?

1. Schedule 1 - Property Description: Detailed description of the property including floor plans and photographs

2. Schedule 2 - Inventory List: List of furnishings and equipment provided with the property

3. Schedule 3 - Condition Report: Detailed report on the condition of the property at commencement of lease

4. Schedule 4 - House Rules: Specific rules and regulations for the property or complex

5. Schedule 5 - Payment Schedule: Detailed breakdown of rent, deposits, and other charges

6. Schedule 6 - Maintenance Schedule: Regular maintenance requirements and schedules

7. Appendix A - Required Permits: Copies of relevant permits and certificates

8. Appendix B - Insurance Requirements: Detailed insurance requirements and specifications

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
Relevant legal definitions




















































Clauses




































Relevant Industries

Real Estate

Residential Property

Commercial Property

Hospitality

Retail

Office Space

Industrial

Education

Healthcare

Professional Services

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Administration

Compliance

Property Management

Asset Management

Corporate Services

Risk Management

Relevant Roles

Property Manager

Real Estate Agent

Facility Manager

Legal Counsel

Corporate Real Estate Manager

Operations Manager

Administrative Officer

Compliance Officer

Property Development Manager

Asset Manager

Leasing Manager

Real Estate Director

Housing Coordinator

Tenant Relations Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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