Short Term Tenancy Agreement Template for Indonesia
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What is a Short Term Tenancy Agreement?
The Short Term Tenancy Agreement is designed for use in Indonesia when establishing temporary rental arrangements, typically lasting less than one year. This document is essential for properly documenting rental relationships under Indonesian law, particularly the Civil Code (KUHPerdata) and Housing regulations. It includes comprehensive provisions covering rent payment, security deposits, maintenance obligations, and termination rights, while incorporating specific Indonesian legal requirements for property rental. The agreement is suitable for various rental situations, from residential to commercial use, and can be adapted for both local and foreign tenants, ensuring compliance with immigration laws where applicable. This document is particularly valuable in urban areas like Jakarta, Surabaya, and Bali, where short-term rentals are common.
About the Short Term Tenancy Agreement
A Short Term Tenancy Agreement is a legally binding contract that establishes the terms and conditions for temporary property rental arrangements in Indonesia. This document provides essential legal protection for both landlords and tenants while ensuring compliance with Indonesian housing laws and regulations. Whether you're renting residential or commercial property for periods typically under one year, having a properly structured agreement protects your interests and clarifies responsibilities.
When do you need this document?
You need a Short Term Tenancy Agreement when establishing any temporary rental arrangement in Indonesia. This includes renting furnished apartments for business assignments, seasonal vacation rentals in tourist areas like Bali or Lombok, temporary accommodation for students or expatriate workers, or short-term commercial space for pop-up businesses or events. The document is particularly important for foreign tenants who must comply with immigration requirements, property managers handling multiple short-term rentals, and landlords seeking to protect their property while maximizing rental income through flexible arrangements.
Key legal considerations
Under Indonesian law, rental agreements must clearly specify the rental period, payment terms, and termination conditions to be legally enforceable. Security deposits are typically equivalent to one to three months' rent and must be properly documented with clear refund conditions. The agreement should include detailed property condition reports, maintenance responsibilities, and procedures for handling damages or disputes. Insurance coverage, utility payment arrangements, and guest policies must be explicitly addressed. For properties in apartment buildings or complexes, compliance with building management rules and homeowner association regulations is mandatory. The document should also specify whether the rental includes furniture, appliances, or other amenities, and outline the condition and inventory of included items.
Legal requirements in Indonesia
Indonesian Civil Code (KUHPerdata) governs all rental agreements, requiring written documentation for terms exceeding one month and establishing fundamental landlord-tenant rights and obligations. Law No. 1 of 2011 on Housing and Settlement Areas mandates that rental properties meet basic habitability standards and safety requirements. Government Regulation No. 44 of 1994 sets technical standards for residential buildings that must be maintained throughout the rental period. For foreign tenants, compliance with immigration laws and visa requirements is essential, and some properties may have restrictions on foreign occupancy. Local building regulations vary by region and must be incorporated into the agreement. Tax obligations, including rental income tax for landlords and potential withholding requirements, should be clearly addressed. The agreement must also comply with regional zoning laws and any applicable short-term rental regulations in tourist areas.
GOVERNING LAW
Applicable law
This Short Term Tenancy Agreement is drafted to comply with Indonesia law. Key legislation includes:
Law No. 1 of 2011 on Housing and Settlement Areas: Regulates housing development and residential areas, including standards for residential properties and basic requirements for habitation.
Government Regulation No. 44 of 1994: Specific regulation on housing and residential buildings, covering technical requirements and standards for residential properties.
Law No. 51 of 1981 on Rental Housing: Specific provisions regarding rental housing, including rights and obligations of landlords and tenants.
Regional Building Regulations (specific to location): Local regulations governing building use, maintenance, and safety requirements specific to the property's location.
Law No. 6 of 2011 on Immigration: Relevant for agreements involving foreign tenants, covering requirements for foreigners renting property in Indonesia.
Law No. 24 of 1997 on Land Registration: Governs the registration and verification of land ownership, important for confirming landlord's legal right to lease.
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