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Tenancy Agreement
I need a tenancy agreement for a residential property in Jakarta, with a lease term of 12 months, including clauses for monthly rent payment, security deposit equivalent to two months' rent, and a provision for the tenant to sublet with the landlord's written consent.
What is a Tenancy Agreement?
A Tenancy Agreement is a legally binding contract between a property owner (landlord) and someone who wants to use that property (tenant) in Indonesia. It spells out how both parties will handle the rental relationship, including monthly payments, maintenance responsibilities, and the length of stay.
Under Indonesian Civil Code regulations, this crucial document protects both sides by clearly stating what each person can and cannot do with the property. It covers key details like security deposits, utility payments, and rules about property modifications - helping prevent disputes that often come up in rental situations. Good agreements also include local requirements specific to different Indonesian regions.
When should you use a Tenancy Agreement?
Use a Tenancy Agreement before letting anyone occupy your property in Indonesia - ideally during initial rental discussions. This protects both parties by documenting the exact terms before money changes hands or keys are handed over. It's especially important when renting to businesses, dealing with long-term stays, or managing high-value properties.
The agreement becomes essential when specific arrangements need documenting: unique payment schedules, property modifications, or special use conditions. Indonesian law requires written contracts for rentals over 1 year, making formal agreements mandatory in these cases. Having one in place helps prevent misunderstandings and provides legal backup if disputes arise.
What are the different types of Tenancy Agreement?
- Basic Rental Agreement: Standard template for straightforward rental situations, covering essential terms and basic protections
- House Rental Lease Agreement: Comprehensive version with detailed provisions for residential properties, including maintenance and renovations
- Simple House Rental Agreement: Streamlined version for short-term or uncomplicated residential rentals
- Residential Property Lease Agreement: Detailed agreement specifically for long-term residential leases with extensive tenant rights
- Residential House Lease Agreement: Specialized version focusing on single-family homes with specific property use conditions
Who should typically use a Tenancy Agreement?
- Property Owners/Landlords: Create and enforce Tenancy Agreements to protect their property rights and ensure proper usage terms
- Tenants: Sign and comply with agreements to secure their right to occupy and use the property
- Property Managers: Handle agreement administration, enforce terms, and manage tenant relationships on behalf of owners
- Real Estate Agents: Help negotiate and facilitate agreements between parties during property transactions
- Legal Professionals: Draft, review, and modify agreements to ensure compliance with Indonesian property laws
- Notaries: Authenticate and register agreements when required by local regulations
How do you write a Tenancy Agreement?
- Property Details: Gather complete address, property type, and accurate measurements of the space
- Party Information: Collect legal names, ID numbers, and contact details for both landlord and tenant
- Rental Terms: Define monthly rent amount, payment method, due dates, and security deposit details
- Duration: Specify exact start and end dates of the tenancy period
- Usage Rules: List permitted activities, maintenance responsibilities, and modification restrictions
- Documentation: Prepare property photos, utility agreements, and proof of ownership
- Local Requirements: Check specific regional regulations for rental properties in your Indonesian district
What should be included in a Tenancy Agreement?
- Party Identification: Full legal names, addresses, and ID numbers of landlord and tenant
- Property Description: Detailed address and specifications of the rented space
- Term and Duration: Clear start and end dates of the rental period
- Payment Terms: Rent amount, due dates, payment methods, and late payment penalties
- Security Deposit: Amount, conditions for return, and permitted deductions
- Maintenance Obligations: Specific responsibilities for both landlord and tenant
- Termination Clauses: Valid grounds and notice requirements under Indonesian law
- Usage Restrictions: Permitted activities and prohibited modifications
- Governing Law: Reference to Indonesian Civil Code and local property regulations
What's the difference between a Tenancy Agreement and an Agency Agreement?
A Tenancy Agreement differs significantly from an Agency Agreement in several key aspects, though both are commonly used in Indonesian property transactions. While a Tenancy Agreement establishes direct rights and obligations between landlord and tenant, an Agency Agreement governs the relationship between property owners and their appointed representatives.
- Primary Purpose: Tenancy Agreements regulate property occupation and use, while Agency Agreements authorize third parties to manage property dealings
- Party Relationships: Tenancy involves direct landlord-tenant interaction; Agency creates a representative relationship with property managers or agents
- Duration Structure: Tenancy focuses on occupancy periods and renewal terms; Agency typically covers ongoing management services
- Legal Scope: Tenancy details usage rights and restrictions; Agency outlines authority levels and management responsibilities
- Payment Terms: Tenancy specifies rent and deposits; Agency covers commission structures and management fees
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