Pre Tenancy Agreement Template for Indonesia

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Key Requirements PROMPT example:

Pre Tenancy Agreement

"I need a Pre Tenancy Agreement for a commercial office space in Jakarta, Indonesia, where the prospective tenant is a foreign company requiring specific provisions for obtaining necessary business permits before the main lease can commence in March 2025."

Document background
The Pre Tenancy Agreement is a crucial document in Indonesian property transactions that bridges the gap between initial property viewing and the execution of a formal lease. It is commonly used when parties have agreed in principle to a lease but need time to complete necessary checks, prepare documentation, or fulfill certain conditions. This document, regulated under Indonesian law including the Civil Code (KUHPerdata) and property regulations, typically includes provisions for holding deposits, timeline for completion, required documentation, and conditions precedent. It provides legal protection for both parties during the pre-lease period and helps ensure a smooth transition to the main lease agreement. The Pre Tenancy Agreement is particularly important in Indonesia's property market where administrative requirements and verification processes can be extensive, especially for foreign tenants.
Suggested Sections

1. Parties: Identification of the prospective landlord and tenant, including full legal names, addresses, and identification numbers

2. Background: Context of the agreement, including brief description of the property and the parties' intention to enter into a formal lease

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Holding Deposit', 'Proposed Lease', 'Commencement Date'

4. Property Details: Specific description of the property to be leased, including address and any included fixtures/fittings

5. Holding Deposit: Amount of deposit, payment terms, conditions for refund or forfeiture

6. Conditions Precedent: Conditions that must be satisfied before the main lease can proceed

7. Duration: Timeline for completing the pre-tenancy requirements and intended start date of the main lease

8. Property Inspection: Arrangements for viewing and inspecting the property

9. Document Requirements: List of required documents from both parties

10. Representations and Warranties: Statements of fact and promises made by both parties

11. Termination: Circumstances under which the pre-tenancy agreement can be terminated

12. Governing Law: Confirmation that Indonesian law governs the agreement

13. Execution: Signature blocks and execution requirements

Optional Sections

1. Foreign Tenant Provisions: Additional requirements and conditions for non-Indonesian tenants, including visa and stay permit requirements

2. Agent Details: Details of any real estate agents involved and their roles/commissions

3. Proposed Lease Terms: Summary of key terms agreed for the main lease

4. Property Renovation: Any agreed modifications or renovations to be completed before tenancy begins

5. Multiple Occupancy: Additional terms for situations where multiple tenants will occupy the property

6. Insurance Requirements: Specific insurance requirements to be arranged before the main lease begins

Suggested Schedules

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

2. Schedule 2 - Required Documents: Comprehensive list of required documents from both parties with submission deadlines

3. Schedule 3 - Property Condition Report: Initial inspection report documenting the current condition of the property

4. Schedule 4 - Payment Schedule: Breakdown of all required payments including holding deposit, security deposit, and initial rent

5. Appendix A - Form of Main Lease: Draft or summary of the proposed main lease agreement

6. Appendix B - Property Rules and Regulations: Building or complex rules and regulations if applicable

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

Property Management

Residential Housing

Commercial Property

Property Development

Hospitality

Retail

Office Space

Industrial Property

Student Housing

Relevant Teams

Legal

Property Management

Operations

Facilities

Asset Management

Leasing

Compliance

Customer Relations

Administration

Real Estate

Relevant Roles

Property Manager

Real Estate Agent

Leasing Manager

Legal Counsel

Property Administrator

Facilities Manager

Asset Manager

Property Operations Manager

Tenant Relations Manager

Compliance Officer

Real Estate Broker

Building Manager

Contract Administrator

Property Consultant

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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