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Rent To Own Contract for Indonesia

Rent To Own Contract Template for Indonesia

This document is a comprehensive Rent to Own Contract governed by Indonesian law, combining elements of both a rental agreement and a purchase agreement. It establishes the terms and conditions under which a tenant may rent a property with the option to purchase it after a specified period, with rental payments contributing towards the final purchase price. The agreement complies with Indonesian Civil Code (KUHPerdata) requirements and incorporates provisions from relevant property laws, including the Basic Agrarian Law (UUPA) and consumer protection regulations. It details payment structures, maintenance responsibilities, purchase option terms, and the eventual transfer of ownership process.

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What is a Rent To Own Contract?

The Rent To Own Contract serves as a crucial legal instrument in Indonesian property transactions, offering a hybrid solution between traditional rental and outright purchase arrangements. This document is particularly valuable in situations where buyers need time to build up their financial capacity for full property ownership while securing their interest in the property. The agreement complies with Indonesian legal requirements, including the Civil Code (KUHPerdata) and Basic Agrarian Law (UUPA), and is structured to protect both parties' interests throughout the rental period and during the ownership transfer phase. It's commonly used in both residential and commercial property transactions, providing detailed terms for rental payments, purchase options, maintenance responsibilities, and the eventual transfer of ownership. The Rent to Own Contract includes specific provisions for property description, payment schedules, condition reports, and all necessary regulatory compliance requirements under Indonesian law.

What sections should be included in a Rent To Own Contract?

1. Parties: Identification of the Owner/Seller and the Tenant/Buyer, including complete legal names, addresses, and any relevant registration numbers

2. Background: Context of the agreement, including property details and the parties' intention to enter into a rent-to-own arrangement

3. Definitions: Key terms used throughout the agreement, including Property, Rental Period, Purchase Price, Option Period, etc.

4. Property Details: Comprehensive description of the property, including address, certificate number, land area, building specifications, and included fixtures/fittings

5. Rental Terms: Details of the rental phase, including monthly payment amount, payment date, and duration of the rental period

6. Purchase Option: Terms of the purchase option, including the final purchase price, how rental payments contribute to the purchase, and the process for exercising the option

7. Payment Structure: Breakdown of payments, including rental payments, option fees, purchase price calculations, and credit mechanisms

8. Maintenance and Repairs: Responsibilities for property maintenance, repairs, and improvements during the rental period

9. Insurance and Taxes: Requirements for property insurance and responsibility for property taxes during both rental and ownership phases

10. Default and Remedies: Consequences of default by either party and available remedies

11. Transfer of Ownership: Process and requirements for final transfer of property ownership

12. Representations and Warranties: Legal declarations by both parties regarding their capacity and authority to enter into the agreement

13. Governing Law and Dispute Resolution: Applicable Indonesian law and procedures for resolving disputes

What sections are optional to include in a Rent To Own Contract?

1. Foreign Ownership Provisions: Required when the Tenant/Buyer is a foreign national, addressing specific requirements under Indonesian foreign ownership laws

2. Property Management: Needed for properties within managed complexes or when specific management arrangements are required

3. Subletting Provisions: Include when subletting might be permitted during the rental phase

4. Early Purchase Option: Include when there's an option to purchase before the standard rental period ends

5. Third-Party Rights: Required when other parties (such as banks or guarantors) have interests in the property

6. Force Majeure: Include specific provisions for natural disasters or other unforeseen circumstances common in Indonesia

7. Strata Title Provisions: Required for apartments or properties under strata title

8. Development Provisions: Include when the property is part of an ongoing development project

What schedules should be included in a Rent To Own Contract?

1. Property Description Schedule: Detailed technical description of the property, including floor plans, boundaries, and certificates

2. Payment Schedule: Detailed breakdown of all payments, including rental payments, purchase price calculations, and payment milestones

3. Condition Report: Detailed report on the condition of the property at the commencement of the agreement

4. Fixtures and Fittings Inventory: Complete list of included fixtures, fittings, and furniture if applicable

5. Required Permits and Certificates: Copies of all relevant property certificates, permits, and regulatory approvals

6. Maintenance Schedule: Detailed breakdown of maintenance responsibilities and scheduled maintenance requirements

7. Option Exercise Form: Template form for exercising the purchase option

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

Document Type

Lease Agreement

Cost

Free to use
Relevant legal definitions

















































Clauses




































Relevant Industries

Real Estate

Property Development

Financial Services

Legal Services

Construction

Property Management

Residential Housing

Commercial Property

Banking

Insurance

Relevant Teams

Legal

Real Estate

Property Management

Finance

Operations

Sales

Compliance

Risk Management

Business Development

Facilities Management

Asset Management

Relevant Roles

Real Estate Manager

Property Development Manager

Legal Counsel

Contract Administrator

Property Manager

Financial Controller

Real Estate Agent

Compliance Officer

Risk Manager

Asset Manager

Property Investment Manager

Sales Director

Business Development Manager

Operations Manager

Facilities 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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