Legal Literacy - Understand your rights as a tenant of a house or boarding house! This short guide explains your basic rights, such as a clear lease agreement, habitable occupancy, privacy, and security. Get information on how to terminate a lease agreement and get your security deposit back.

Understanding of Lease Agreements

Before discussing the Basic Rights of House and Boarding House Tenants, it is important to know the definition of lease agreements.

Lease agreement, or in Arabic called ijarah, is a reciprocal agreement between two parties, where one party (thelessor) hands over an item to be used and enjoyed by the other party (thetenant) for a certain period of time, with payment of rent that has been agreed upon.

In short:

  • Lessor: The party that hands over an item to be used.
  • Tenant: The party that uses the item and pays rent.
  • Rent: Compensation given by the tenant to the lessor for the use of the item.
  • Term: The period of time during which the tenant can use the item.

Characteristics of Lease Agreements

Some characteristics of lease agreements:

  • Existence of an agreement: This agreement can be written or oral, and must contain agreements on the item being leased, the rent, and the term.
  • Existence of delivery of goods: The item being leased must be handed over to the tenant so that it can be used and its benefits enjoyed.
  • Existence of rent payment: The tenant is obliged to pay rent to the lessor in accordance with the agreement.
  • Specific time period: The tenant's use of the item is limited by a specific time period.

Lease agreements can be applied to various types of items, such as:

  • Movable goods: Vehicles, electronic equipment, clothing, etc.
  • Immovable goods: Houses, land, buildings, etc.
  • Services: Labor, expertise, etc.

Regulations Regarding Leasing in Indonesia

In Indonesia, leasing is regulated in several laws and regulations, namely:

Main regulation:

  • Civil Code (KUHPerdata), specificallyBook III Chapter X on Leasing(Articles 1548 to 1604). The Civil Code regulates the rights and obligations of the parties in a lease agreement, including the object being leased, the rent, the term, and the termination of the lease.

Other regulations:

  • Law Number 8 of 1999 concerning Consumer Protection: This law regulates the rights and obligations of consumers in lease transactions, including the information that must be provided by the lease service provider and the prohibition of practices that harm consumers.
  • Government Regulation Number 42 of 2013 concerning Procedures for Implementing Leasing of Goods: This regulation governs the procedures for implementing the leasing of goods, including the making of lease agreements, registration of lease agreements, and settlement of lease disputes.
  • Regional regulations: In some areas, there are regional regulations governing leasing, such as regional regulations on residential leasing.

In addition, there is jurisprudence (court decisions) that can be used as guidelines in resolving lease disputes.

Here are some examples of jurisprudence related to leasing:

  • Supreme Court Decision Number 1767 K/Pdt/1985: This decision states that the lessee has the right to claim compensation from the lessor if the leased object cannot be used as it should be.
  • Supreme Court Decision Number 2941 K/Pdt/1987: This decision states that the lessor has the right to terminate the lease agreement if the lessee does not pay the rent on time.

It is important to note that these regulations may change from time to time. Therefore, before entering into a lease agreement, you should consult with a legal expert to ensure that the agreement complies with applicable regulations.

Benefits and Risks of Leasing

Leasing has several benefits, such as:

  • Provides users with access to use needed items without having to buy them.
  • Provides income to the owner of the item from the lease.
  • Increases the efficiency of resource use.

Leasing also has several risks., such as:

  • Damage to the leased object.
  • Disputes between the lessor and the lessee.

Therefore, it is important to create a clear and complete lease agreement, and to understand the rights and obligations of each party.

Basic Rights of a House Tenant or Dormitory

Being a house or dormitory tenant has rights that need to be known and respected. Here is a brief guide to the basic rights of tenants:

1. Right to a Clear Lease Agreement

  • Tenants are entitled to a written lease agreement containing important information, such as:
    • Complete identity and address of the owner and tenant
    • Object of lease (house/dormitory) being leased
    • Lease period
    • Amount of rent and method of payment
    • Rights and obligations of the owner and tenant
    • Provisions regarding damage and repairs

2. Right to Enjoy a Habitable Residence

  • Tenants are entitled to a safe, comfortable, and habitable residence. This includes:
    • Solid building condition that is not hazardous
    • Access to clean water and adequate sanitation
    • Safe electrical system
    • Facilities in accordance with the lease agreement

3. Right to Privacy and Security

  • Tenants are entitled to privacy and security in their residence. The owner may not enter the residence without the tenant's consent, except in emergencies.
  • Tenants are entitled to a residence key to maintain security.

4. Right to Make Repairs

  • Tenants have the right to make minor repairs to the residence for comfort and safety as long as it does not change the structure of the building.
  • Repair costs may be charged to the owner if the damage is not due to the tenant's negligence.

5. Right to Terminate the Lease Agreement

  • Tenants have the right to terminate the lease agreement prematurely for valid reasons, such as:
    • The owner does not fulfill their obligations
    • The residence is uninhabitable
    • The tenant gets a job out of town

6. Right to Get the Security Deposit Back

  • Tenants are entitled to a refund of the security deposit after the lease agreement expires, less any damage caused by the tenant.

Important:

  • Immediately report any damage to the property to the owner.
  • Document all evidence related to the lease agreement, rent payments, and property damage.
  • If a dispute arises with the owner, the tenant may seek legal assistance.

References