Lease Option Agreement Template for Indonesia

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Key Requirements PROMPT example:

Lease Option Agreement

"I need a Lease Option Agreement for a commercial warehouse property in Jakarta Industrial Park, with a 2-year lease term starting March 1, 2025, and an option to purchase that can be exercised after 18 months, including specific provisions for manufacturing use and environmental compliance."

Document background
The Lease Option Agreement serves as a vital instrument in Indonesian property transactions, providing flexibility for both property owners and potential buyers. This document type is particularly useful when a potential buyer wishes to secure future purchase rights while immediately occupying the property, or when a property owner wants to maintain ownership while generating rental income with a potential future sale. The agreement must comply with Indonesian property law, including the Basic Agrarian Law (UUPA) and relevant regulations concerning property rights and foreign ownership restrictions. It combines detailed lease provisions with specific option terms, setting out clear conditions for both the rental period and the potential purchase, while addressing local regulatory requirements, property registration, and transaction procedures specific to the Indonesian jurisdiction.
Suggested Sections

1. Parties: Identification of the lessor/option grantor and lessee/option holder, including complete legal names, addresses, and any registration numbers for companies

2. Background: Context of the agreement, including property description and parties' intentions regarding both lease and purchase option

3. Definitions: Key terms used throughout the agreement, including property-specific terms and Indonesian legal terminology

4. Lease Terms: Core lease provisions including duration, rent amount, payment terms, and permitted use of property

5. Option Grant: Explicit grant of the option to purchase, including the option period and exercise conditions

6. Option Price: Agreed purchase price if option is exercised, including any adjustments or credits from lease payments

7. Option Exercise: Procedure for exercising the option, including notice requirements and timeframes

8. Property Maintenance: Responsibilities for maintaining the property during the lease period

9. Insurance and Risk: Insurance requirements and allocation of risk during the lease period

10. Default and Remedies: Events of default under both lease and option, and corresponding remedies

11. Assignment and Subletting: Restrictions on transfer of lease or option rights

12. Governing Law and Dispute Resolution: Choice of Indonesian law and dispute resolution mechanisms

13. Notices: Format and delivery requirements for formal communications

14. Execution: Signature blocks and execution requirements under Indonesian law

Optional Sections

1. Property Management: Required if property management services are included in the agreement

2. Utilities and Services: Detailed section needed if utility responsibilities are complex or shared

3. Renovation Rights: Include if lessee is permitted to make improvements or modifications

4. Foreign Investment Provisions: Required if either party is a foreign entity, addressing Indonesian foreign investment requirements

5. Tax Provisions: Detailed tax section needed if complex tax arrangements or foreign parties involved

6. Force Majeure: Extended force majeure provisions for areas prone to natural disasters or specific risks

7. Environmental Compliance: Required for properties with specific environmental considerations or requirements

8. Strata Title Provisions: Include if property is part of a strata-title development

Suggested Schedules

1. Property Description: Detailed legal description of the property, including certificates and registration details

2. Floor Plans: Official floor plans and property boundaries

3. Rent Schedule: Detailed breakdown of rent payments, including any escalation provisions

4. Condition Report: Initial condition report of the property

5. Permitted Uses: Detailed list of permitted uses under local zoning and regulations

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

7. Required Licenses: List of required permits and licenses for property use

8. Building Rules: If applicable, building or complex rules and regulations

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

Real Estate

Commercial Property

Retail

Manufacturing

Hospitality

Industrial

Office Space

Warehouse and Logistics

Agriculture

Mining

Education

Healthcare

Technology

Relevant Teams

Legal

Real Estate

Operations

Finance

Compliance

Risk Management

Facilities Management

Business Development

Property Management

Asset Management

Corporate Services

Investment

Relevant Roles

Real Estate Manager

Property Manager

Legal Counsel

Contract Administrator

Facilities Manager

Business Development Manager

Operations Director

Chief Financial Officer

Investment Manager

Asset Manager

Compliance Officer

Real Estate Developer

Corporate Counsel

Risk Manager

Property Acquisition Manager

Industries
Indonesian Civil Code (KUHPerdata): The fundamental law governing contracts and agreements in Indonesia, particularly Book III on Obligations and Book II on Property. This includes basic contract formation requirements, rights and obligations of parties, and general principles of property law.
Law No. 5 of 1960 on Basic Agrarian Law (UUPA): The primary law governing land rights in Indonesia, including regulations on different types of land titles and restrictions on foreign ownership of property.
Government Regulation No. 40 of 1996: Regulates specific land rights including Right to Build (HGB), Right to Use (Hak Pakai), and Right to Cultivate (HGU), which are relevant for lease arrangements.
Law No. 51 of 2016 on Land Registration: Governs the registration of land rights and provides legal certainty regarding property status and ownership.
Law No. 20 of 2011 on Apartments: Relevant if the lease option agreement involves apartment units, covering specific regulations for multi-story residential buildings.
Regional Spatial Planning Laws: Local regulations that govern land use and development in specific areas, which may affect the permissible use of the leased property.
Law No. 25 of 2007 on Investment: Relevant if the lease option involves foreign investment or foreign parties, providing framework for foreign investment in property.
Government Regulation No. 103 of 2015: Regulates property ownership by foreigners residing in Indonesia, including restrictions and requirements for property transactions involving foreign nationals.
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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