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Sublease Agreement
I need a sublease agreement for a residential property in Jakarta, where the sublease term is 6 months with an option to extend, and the subtenant is responsible for utilities and minor repairs. The agreement should include a clause for early termination with a 30-day notice period.
What is a Sublease Agreement?
A Sublease Agreement lets a tenant (called the sublessor) rent out all or part of their leased property to another person (the sublessee), while keeping their original lease with the landlord active. In Indonesia, these arrangements must follow the Civil Code (KUHPerdata) rules on property rental and require written consent from the original landlord.
The agreement spells out key details like payment terms, maintenance responsibilities, and duration - which can't extend beyond the original lease period. Common in commercial settings and urban areas like Jakarta, subleasing helps businesses manage excess space while giving smaller companies flexible rental options. The sublessor remains legally responsible to the landlord for rent and property conditions.
When should you use a Sublease Agreement?
Consider using a Sublease Agreement when you need to rent out your leased space but want to maintain your original lease. This commonly happens when your business downsizes and has extra office space, or when you're temporarily relocating but plan to return. Under Indonesian law, many commercial tenants use subleasing to offset rental costs in prime locations like Jakarta's business districts.
A Sublease Agreement becomes essential when sharing space with multiple businesses, managing short-term rental arrangements, or creating flexible workspace solutions. It's particularly valuable for startups needing temporary space in established buildings, or larger companies looking to maximize property utilization while maintaining control over their primary lease.
What are the different types of Sublease Agreement?
- Commercial Sublease Agreement: Used for business properties, featuring detailed terms about shared facilities and commercial use restrictions
- Sublet Tenancy Agreement: Focused on residential properties, with specific provisions for household utilities and living arrangements
- Standard Form Of Cooperative Apartment Sublease: Specialized for apartment buildings with cooperative ownership structures
- Legal Sublease Agreement: Comprehensive version with enhanced legal protections, often used for high-value properties or complex arrangements
Who should typically use a Sublease Agreement?
- Original Tenant (Sublessor): The primary lease holder who wants to rent out their space while maintaining the original lease, often businesses looking to offset costs
- Subtenant (Sublessee): The person or company renting the space from the sublessor, typically startups, small businesses, or individuals seeking flexible rental terms
- Property Owner (Landlord): Must approve the Sublease Agreement and maintains their original contract with the sublessor
- Property Managers: Handle day-to-day operations and ensure compliance with building rules for both parties
- Legal Advisors: Draft and review agreements to ensure compliance with Indonesian property laws and protect all parties' interests
How do you write a Sublease Agreement?
- Original Lease Review: Gather the primary lease document to check subletting permissions and restrictions
- Property Details: Document exact space measurements, included facilities, and permitted uses under Indonesian zoning laws
- Landlord Approval: Obtain written consent from the property owner before proceeding
- Financial Terms: Set clear rental rates, security deposits, and payment schedules that align with local market standards
- Tenant Screening: Collect sublessee's business documentation, financial records, and references
- Agreement Generation: Use our platform to create a legally-sound document that includes all required elements under Indonesian law
- Documentation: Prepare property condition reports and inventory lists for both parties to sign
What should be included in a Sublease Agreement?
- Party Details: Complete legal names, addresses, and business registration numbers of sublessor, sublessee, and property owner
- Property Description: Exact location, dimensions, and included facilities as per Indonesian land registry standards
- Term and Payment: Specific start/end dates, rental amounts, payment schedules, and security deposit terms
- Usage Rights: Clear outline of permitted activities and any restrictions under local zoning laws
- Maintenance Duties: Detailed responsibilities for repairs, utilities, and property upkeep
- Termination Clauses: Valid grounds for early termination and notice requirements under Indonesian Civil Code
- Insurance Requirements: Mandatory coverage types and minimum amounts for property protection
- Dispute Resolution: Agreed methods for handling conflicts under Indonesian jurisdiction
What's the difference between a Sublease Agreement and an Assignment Agreement?
A Sublease Agreement differs significantly from an Assignment Agreement in how rental rights are transferred. While both deal with property rights, they serve distinct purposes under Indonesian law and have different implications for all parties involved.
- Control and Responsibility: In a sublease, the original tenant maintains their lease and remains responsible to the landlord, while creating a new agreement with the subtenant. With an assignment, the original tenant transfers all rights and obligations to the new tenant completely
- Duration: Subleases must end before or with the original lease term, while assignments typically transfer the entire remaining lease period
- Landlord Relationship: Sublease keeps the original tenant as intermediary, while assignment creates a direct landlord-tenant relationship with the new occupant
- Legal Liability: Under a sublease, the original tenant remains liable to the landlord. In an assignment, liability shifts entirely to the new tenant
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