Lease And Sublease Agreement Template for Indonesia

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Key Requirements PROMPT example:

Lease And Sublease Agreement

"I need a Lease and Sublease Agreement for a three-story commercial building in Jakarta where my tech company will lease the entire building and sublease two floors to other tech startups, with the arrangement starting March 1, 2025."

Document background
The Lease and Sublease Agreement is a vital document used in Indonesian commercial and residential property transactions where a tenant intends to further lease the property to other parties. This document is particularly important in commercial settings where businesses need flexibility to optimize their leased space usage. The agreement must comply with Indonesian property laws, including the Civil Code (KUHPerdata) and relevant property regulations. It typically includes detailed provisions for both the primary lease and sublease arrangements, covering aspects such as rental terms, maintenance obligations, use restrictions, and termination rights. The document is essential for property owners who want to maintain control over their property while allowing their tenants to sublease, and for tenants who need to efficiently manage their leased space by subletting to other occupants. It's commonly used in commercial real estate, retail locations, office spaces, and industrial properties throughout Indonesia.
Suggested Sections

1. Parties: Identification of all parties: Landlord, Tenant (who will be the Sub-landlord), and confirmation of their legal capacity to contract

2. Background: Context of the agreement, property ownership details, and purpose of the lease and sublease arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including Property, Term, Rent, Service Charges, etc.

4. Grant of Lease: Terms of the primary lease between Landlord and Tenant, including property details and duration

5. Right to Sublease: Express permission and conditions for subletting, including any restrictions or requirements

6. Rent and Payment Terms: Rental amount, payment schedule, security deposits, and payment methods for both lease and sublease

7. Term and Renewal: Duration of lease and sublease, renewal options, and notice requirements

8. Use of Property: Permitted uses, restrictions, and compliance with local regulations

9. Maintenance and Repairs: Responsibilities for maintenance, repairs, and improvements

10. Insurance and Liability: Required insurance coverage and allocation of risks

11. Default and Remedies: Events of default, cure periods, and available remedies

12. Termination: Grounds for termination and the process for both lease and sublease

13. Governing Law and Dispute Resolution: Application of Indonesian law and dispute resolution mechanisms

14. Notices: Method and addresses for formal communications between parties

15. General Provisions: Standard clauses including severability, entire agreement, and amendments

Optional Sections

1. Property Management: Include when there's a separate property management company involved in managing the property

2. Utilities and Services: Detailed section needed when utilities are separately metered or when special services are provided

3. Fit-out Works: Include when tenant is permitted to perform initial modifications to the property

4. Green Building Requirements: Include for properties in areas with specific environmental regulations or certifications

5. Foreign Investment Provisions: Required when any party is a foreign entity, addressing compliance with Indonesian foreign investment laws

6. Multiple Tenant Provisions: Include for properties in multi-tenant buildings with shared facilities

7. Force Majeure: Detailed force majeure provisions, particularly relevant post-COVID

8. Change of Control: Include when restrictions on change in ownership/control of tenant are required

Suggested Schedules

1. Property Details: Detailed description of the property, including floor plans, land certificate details, and building specifications

2. Rent Schedule: Detailed breakdown of rent calculations, escalations, and payment schedules

3. Service Charges: List of service charges, calculation methods, and payment terms

4. Building Rules and Regulations: Specific rules governing the use of the property and common areas

5. Form of Sublease Agreement: Standard format for sublease agreements to be used with sub-tenants

6. Condition Report: Detailed report on the condition of the property at commencement of lease

7. Permitted Alterations: Specifications for allowed modifications to the property

8. Required Permits and Licenses: List of necessary governmental permits and licenses

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Commercial Real Estate

Retail

Industrial

Manufacturing

Office Space

Hospitality

Warehousing and Logistics

Co-working Spaces

Shopping Centers

Education Facilities

Healthcare Facilities

Technology Parks

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Finance

Risk and Compliance

Administration

Property Management

Asset Management

Business Development

Space Planning

Relevant Roles

Real Estate Manager

Property Manager

Facilities Manager

Legal Counsel

Corporate Lawyer

Operations Director

Chief Financial Officer

Asset Manager

Leasing Manager

Real Estate Director

Compliance Officer

Risk Manager

Business Development Manager

Property Administrator

Space Planning 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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