Basic Rights of House and Boarding House Tenants: A Brief Guide

Legal Literacy - Understand your rights as a tenant 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 Lease Agreements

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

Renting, or in Arabic is 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: The compensation given by the tenant to the lessor for the use of the item.
Term: The period of time during which the lessee may use the object.

Characteristics of Lease Agreements

Some characteristics of lease agreements:

Existence of an agreement: This agreement can be written or oral, and must contain an agreement on the object being leased, the rent, and the term.
Existence of object transfer: The object being leased must be handed over to the lessee in order to be used and its benefits enjoyed.
Existence of rent payment: The lessee is obliged to pay rent to the lessor in accordance with the agreement.
Specific term: The use of the object by the lessee is limited by a specific term.

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

Main regulation:

Civil Code Civil Law (Civil Code), specifically Book III Chapter X concerning Lease Agreements (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 information that must be provided by the lease service provider and prohibitions on practices that harm consumers.
Government Regulation Number 42 of 2013 concerning Procedures for Implementing the Lease of Goods: This Regulation governs the procedures for implementing the lease 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 regarding residential leases.

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

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The following 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 demand 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 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 the 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 Boarding House

Being a house or boarding house tenant entails 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 the lease (house/boarding house) 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 Habitable Occupancy

The tenant is entitled to a safe, comfortable, and habitable residence. This includes:
- A sturdy building condition that is not hazardous
- Access to clean water and adequate sanitation
- A 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 is entitled to make minor repairs to the residence for comfort and safety, as long as it does not alter the building structure.
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 legitimate 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 ends, less any damage costs 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.