Ready to use legal template

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Compliant with Indonesian law

Ready to use legal template

Drafted by lawyers

Compliant with Indonesian law

HomeRent your propertyCommercial sublease agreement

Learn more about Commercial Sublease Agreement in Indonesia

Subletting a business rental property may be a beneficial option for commercial tenants to increase their usable area. Successful subleases benefit both sublessors and sublessees; the sublessor offers much-needed business space to the sublessee, while the sublessee financially supports the sublessor through rent and other non-rent payments. However, subletting business space is a bit of a risk, especially for the sublessor. Before making any commitments to possible sublessees, sublessors should first establish that they are able to sublease their rented space. If you wish to sublet part or all of your premises, download our sublease contract from Themis Partner; you will also benefit from the advice of a lawyer, who will be able to answer any of your questions.

Table of contents


What is a Commercial Sublease Agreement in Indonesia?

A business sublet is an arrangement between an existing tenant, a new tenant seeking space, and the property owner. Even if a renter sublets a commercial property, the original tenant is still obligated to fulfill the Commercial Lease Agreement‘s obligations.

You are the sublessor when you sublease your space, and your new renter is the sublessee. The subtenant lives in your space (or a portion of your space) for the remainder of the lease term (or whatever period of time is agreed upon, sometimes only a portion of your remaining lease term). You are still responsible for your lease payments, therefore you must collect money from your subtenant each month and continue to pay your landlord directly.

What is included in the Commercial Sublease Agreement?

The commercial sublease agreement must spell forth the terms of the sublease. The commercial sublease agreement, like a business lease agreement, must have the following provisions:

➤ The sublet premise's description
➤ The usage of the sublet property
➤ The amount of the monthly rent and how the charges are split between the tenant and the subtenant
➤ If rights are given to the subtenant that are not provided for in the original lease agreement

The sublease’s duration and the regulations that define the relationship between the sublease and the lease’s length. Copying the provisions tying the lessor to the primary lessee is the best method for a compliance sublease. As a result of using the template paper, you will have a thorough business sublease agreement that will protect both you and the property.

What are the tenant's responsibilities?

Both parties in a sublease agreement must understand their roles and obligations. The effectiveness of your sublease agreement is primarily determined by who you choose to sublet to: always be selective. Remember that, unlike the landlord-tenant arrangement, the sublessor-sublessee agreement does not reflect a legal relationship. As a sublessor, you are responsible for your sublessee’s acts or inactions.

Keep your landlord informed when subletting your flat, even though their approval is not necessary by law (after-all, it is their property). In general, landlords should be active in the subletting process, including selecting a sublessee, determining prices, and preparing the sublease agreement.

What are the advantages of Commercial Subletting in Indonesia?

Subletting may be a win-win arrangement for both parties if done correctly. However, tenants must be cautious and discriminating when selecting a sublessee. A reliable sublessee might be advantageous for a variety of reasons:

➤ Rent assistance is available
➤ Non-Rental Obligations Assistance
➤ Benefits from shared resources, customers, or increased revenue
➤ Exposure in business
➤ Contract malleability and flexibility

Because the connection between the sublessor and sublessee is not legally binding, the sublease contract is usually flexible. This is ideal for tenants who want quick financial help or prefer a more flexible leasing agreement.

What are the Cons of Commercial Subletting?

The sublease agreement is not legally binding, putting sublessors in a dangerous scenario.
An untrustworthy sublessee can generate a variety of financial and liability issues. This is primarily due to the tenant accepting a significant degree of responsibility while subletting their unit:

➤ Sublessors are fully responsible for their sublessees
➤ Tenants' workload is increased by subletting

When to use a Commercial Sublease Agreement?

This document can be used if:

➤ You want to lease a piece of a commercial facility
➤ You want to sublease the entire property for which you have a lease

If your Commercial Lease Agreement allows it, you may consider subletting all or part of the property if you are seeking to cut costs, relocating, or going out of business. You can even sublease to many companies.

What happens in case of default under Indonesian law?

It’s a good option to have your own version of the original lease so you can completely comprehend and appreciate the sublessor’s conditions. In most cases, such terms will also apply to you. Pay close attention to factors that may result in a lease default or the landowner’s power to cancel the contract. Take note of any limits on subletting as well. In some commercial leases, the landlord may be able to cancel the contract if he or she does not approve of the sublessor or the sublessor’s specific type of company.

Before engaging into discussions with the sublessor, you should, if feasible, check the underlying lease. Without a careful analysis of the lease, you may be unaware of certain provisions or restrictions that might influence your ability to do business in that location.

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