Basic Rights of House and Dormitory Tenants: A Brief Guide

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

Definition of Lease Agreements

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

Lease agreements, or in Arabic referred to as ijarah, is a reciprocal agreement between two parties, where one party (lessor) hands over an item to be used and its benefits enjoyed by the other party (tenant) for a certain period, with payment of rent that has been agreed upon.

In summary:

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.
Period: The period of time during which the lessee can use the object.

Characteristics of Lease Agreements

Several characteristics of lease agreements:

Existence of an agreement: This agreement can be written or oral and must contain agreements regarding the object being leased, the rent, and the duration.
Existence of object transfer: The object being leased must be transferred to the lessee so that it can be used and its benefits enjoyed.
Existence of rent payment: The lessee is obligated to pay rent to the lessor in accordance with the agreement.
Specific time period: The lessee's use of the object is limited by a specific time period.

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

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

Regulations Regarding Lease Agreements in Indonesia

In Indonesia, lease agreements are regulated in several laws and regulations, namely:

Main regulations:

Criminal Code Civil Law (Civil Code), especially Book III Chapter X regarding Lease Agreements (Articles 1548 to 1604). The Civil Code regulates the rights and obligations of 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 information that must be provided by lease service providers and prohibitions against practices that harm consumers.
Government Regulation Number 42 of 2013 concerning Procedures for Implementing the Lease of Goods: This Government Regulation regulates the procedures for implementing the lease of goods, including the making of lease agreements, registration of lease agreements, and resolution of lease disputes.
Regional regulations: In some regions, there are regional regulations governing leases, such as regional regulations regarding residential leases.

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

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The following are some examples of jurisprudence related to leases:

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

It is important to note that these regulations are subject to change at any time. Therefore, before entering into a lease agreement, it is advisable to consult with a legal expert to ensure that the agreement complies with applicable regulations.

Benefits and Risks of Lease Agreements

Leasing has several benefits, such as:

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

Leasing also has several risks, such as:

Damage to the leased item.
Disputes between the lessee and the lessor.

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

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Basic Rights of a House Tenant or Dormitory

Being a house or dormitory tenant entails rights that need to be known and respected. Here is a brief guide regarding 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 the lease (house/dormitory) being leased
- Lease term
- 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

The tenant is entitled to safe, comfortable, and habitable occupancy. 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

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

4. Right to Make Repairs

The tenant has 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

The tenant has the right to terminate the lease agreement prematurely for valid reasons, such as:
- The owner fails to fulfill their obligations
- The residence is uninhabitable
- The tenant obtains employment outside the city

6. Right to Get the Security Deposit Back

The tenant is entitled to a refund of the security deposit after the lease agreement expires, less the cost of 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.