Subletting Tenancy Agreement Template for Indonesia

The Subletting Tenancy Agreement is a crucial legal document used in Indonesia when an existing tenant wishes to rent out all or part of their leased property to another party. This document is essential for ensuring legal compliance with Indonesian property laws and protecting the rights and obligations of all parties involved. The agreement must align with the Indonesian Civil Code (KUHPerdata), housing regulations, and local property laws while maintaining consistency with the original lease terms. It typically includes detailed provisions about rent, security deposits, maintenance responsibilities, and usage restrictions. This document is particularly important in urban areas like Jakarta, Surabaya, and Bali, where subletting is common in both residential and commercial contexts. The agreement requires careful consideration of the original landlord's rights and explicit consent, making it a vital tool for property management and real estate operations in Indonesia.

1. Parties: Identifies all parties involved: the original landlord, the tenant (sublessor), and the subtenant, including their complete legal names and addresses

2. Background: Explains the context of the subletting arrangement, including reference to the original lease agreement and the tenant's right to sublet

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Original Landlord's Consent: Documents the original landlord's explicit consent to the subletting arrangement

5. Premises: Detailed description of the property being sublet, including any portions excluded from the sublease

6. Term and Commencement: Specifies the duration of the sublease and its start date, ensuring it doesn't exceed the original lease term

7. Rent and Payment Terms: Details the rent amount, payment schedule, method of payment, and any applicable taxes

8. Security Deposit: Specifies the security deposit amount, terms of holding, and conditions for return

9. Utilities and Services: Outlines responsibility for utility payments and services

10. Maintenance and Repairs: Defines responsibilities for property maintenance and repairs between all parties

11. Use of Premises: Specifies permitted uses of the property and any restrictions

12. Subtenant's Obligations: Lists all obligations and responsibilities of the subtenant

13. Sublessor's Obligations: Details the obligations and responsibilities of the sublessor

14. Insurance: Specifies required insurance coverage and responsibilities

15. Termination: Details circumstances and procedures for early termination

16. Governing Law: Specifies that Indonesian law governs the agreement

17. Dispute Resolution: Outlines procedures for resolving disputes between parties