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Compliant with Indonesian law

HomeRent your propertyConsent to sublease

Learn more about Consent to Sublease in Indonesia

In Indonesia, a letter of Consent to Sublease is a legal document that permits a present tenant to sublet his or her apartment. It takes the form of a formal agreement signed by the landlord and the tenant enabling subletting for a period no longer than the original Lease Agreement length. When the renter is absent on occasion, subletting might be an option. It enables rent to be paid while the renter is absent. It also permits a current renter to split the rent with someone with whom they want to share the flat temporarily. To legally sublease your property, download this letter of consent to sublet in Word easy to edit format. Once you have received the landlord’s consent, you can also use our Sublease Agreement in English and Indonesian.

Table of contents


What is a Consent to Sublease Letter in Indonesia?

A permit to sublet is a document that must be signed by both the landlord and the tenant in order for the renter to begin a new lease with someone else. This contract specifies who can live on the property, how much rent must be paid, and what kind of dwelling units are authorized.

A permission to sublease is not required if there are no restrictions or limitations on occupation under the current lease agreement. The most common reason for an owner requiring their tenant to sign this document is because the owner wants to sell their home while it is still occupied.

What are the Consent of Sublet requirements?

A landlord, may wish to specify that the tenant remains liable for all aspects outlined in the original lease, that the subtenant may not further sublet the unit without the landlord’s consent, that the tenant and subtenant may not change the sublease without the landlord’s consent, and that the subtenant provide certain financial and liability insurance information to the landlord upon request.

How can Indonesian sublandlords protect themselves?

A sublandlord can take many actions to protect oneself while subletting:

➤ To verify that the subletting procedure is legal, obtain a Landlord's Consent to Sublease
➤ To screen possible new tenants, use a Rental Application
➤ Sign a Sublease Agreement with the subtenant to spell out each party's rights and responsibilities

Sublandlords produce an official record of the agreed-upon agreements between themselves, their landlord, and their subtenant by getting formal contracts in order to avoid future conflicts. Furthermore, taking the time to adequately screen candidates ensures that both the landlord and the sublandlord can rely on the renter.

What to do if my tenant sublets without permission?

Step 1. Speak with the tenant

Even if you are unable to reach the old renter, the new tenant will be able to do so. They are, after all, paying rent. Determine your tenant’s whereabouts or contact information, and advise them of the violation of contract and any action you intend to take against them, if any. It is normal to give them a number of days – no more than 30 – to address the situation they have caused.

Step 2. Taking legal action

You have the right to sue the original renter for breach of contract. A smart tactic would be to include a phrase in the initial contract stating that updates and revisions to the current lease agreement can be made at the landlord’s discretion at any time. If the renter refuses to cooperate, provide them an eviction notice that will take place within a certain time limit, generally 30 days, after which legal action will be initiated. This will give them time to resolve the problem. If they reject, you will have grounds to sue them.

What are the subletting regulations in Indonesia?

When it comes to subletting regulations in Indonesia, it’s essential to note that specific rules can vary based on the location and type of property. However, in popular destinations like Bali, foreigners often acquire property through leasehold arrangements due to restrictions on foreign land ownership. Leasing land or property is a viable option for investment or residency. To proceed, it’s advisable to work with a professional real estate agent, verify property licenses, conduct due diligence, and draft a lease agreement that adheres to local laws.

What are tenants and subtenants' responsibilities?

When subletting an apartment, the original tenant should make every effort to choose someone they feel is trustworthy and will continue to pay the rent. The main reason for this is that the original tenant is still responsible for making sure the rent is paid. The subtenant is typically not compelled to react to the landlord; in most cases, the landlord can only sue the original tenant for rent. The landlord has the power to evict the original tenant if the subtenant fails to pay the rent on time. If the subtenant owes many months of behind rent, the original tenant is responsible for collecting it. Similarly, even if they are no longer residing there, the original tenant is obligated to retain the rental in good conditions.

Who should sign the Consent of Sublease Letter?

In most cases, both the landlord and the renter must sign the letter. However, the Landlord’s Agent may also sign on behalf of the landlord.

What to do after obtaining the Consent to Sublease?

You can then construct a sublease agreement with your new Tenant after getting the Landlord’s Consent to Sublease. Make certain that your contract, including whether or not:

➤ The length of the sublease
➤ All of the sublet properties sublet
➤ Rent and utilities are the same as they were in the original lease
➤ A security deposit required
➤ Insurance for tenants
➤ Modifications and enhancements are permitted

Furthermore, after the subtenant has seen the home, you may utilize our rental inspection report to obtain a documented record of the furnishings and condition of the house during the move-in.

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