The Termination of Tenancy agreement is a crucial legal document used in Indonesia when either a landlord or tenant wishes to formally end a rental agreement. It serves as the official documentation of the parties' mutual agreement to terminate the lease, whether at its natural end or prematurely. This document is essential in both residential and commercial contexts, operating under the framework of the Indonesian Civil Code (KUHPerdata) and local property regulations. It typically includes specific provisions for property handover, security deposit return, outstanding payment settlements, and final inspection requirements. The agreement helps prevent future disputes by clearly documenting the termination terms and ensuring both parties understand their rights and obligations during the termination process. It's particularly important in Indonesia's legal context, where formal documentation of property matters is crucial for legal certainty and dispute prevention.
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1. Parties: Identification of the landlord and tenant, including full legal names, addresses, and any relevant registration numbers
2. Background: Brief context of the existing tenancy agreement, including its date, property address, and reason for termination
3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty
4. Termination Date: Specific date when the tenancy will be terminated and the property must be vacated
5. Property Condition: Requirements for the condition in which the property must be returned to the landlord
6. Security Deposit: Terms for the return or deduction of the security deposit
7. Outstanding Payments: Provisions regarding any remaining rent, utilities, or other payments due
8. Keys and Access: Requirements for returning keys and ensuring landlord access
9. Final Inspection: Terms for conducting the final property inspection
10. Governing Law: Confirmation that the agreement is governed by Indonesian law
11. Signatures: Space for parties to execute the agreement with witness provisions as required by Indonesian law
1. Early Termination Fee: Include when the termination occurs before the original lease end date and penalties apply
2. Forwarding Address: Section for tenant to provide their new address for future correspondence and deposit return
3. Mutual Release: Include when both parties agree to release each other from future claims
4. Repairs and Damages: Include when specific repairs or damage remediation needs to be addressed
5. Abandonment of Property: Include when there needs to be provisions for handling tenant's abandoned belongings
6. Utilities Transfer: Include when specific arrangements are needed for transferring or terminating utility services
1. Schedule A - Property Details: Detailed description of the property including address and any included fixtures/fittings
2. Schedule B - Inspection Report: Current condition report and photographs of the property
3. Schedule C - Payment Settlement: Detailed breakdown of final payments, including rent, utilities, and security deposit calculations
4. Appendix 1 - Original Lease Agreement: Copy of the original lease agreement being terminated
5. Appendix 2 - Property Handover Checklist: Checklist for final inspection and property handover procedures
6. Appendix 3 - Photographic Evidence: Recent photographs of the property condition
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