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Learn more about Lease Amendment in Indonesia

You signed a Lease Agreement with your renter and want to amend it throughout the lease period. A lease amendment modifies an existing lease agreement between a tenant and a landlord by adding or eliminating clauses or amending existing terms. To prevent compromising your interests, it is advised that you sign an addendum upon cementing the contractual adjustments you have agreed to with your Tenant. An amendment enables the parties to alter the terms of the lease agreement without having to sign a new lease agreement. The modification must be approved by both the landlord and the renter. Themis partners can help you and your companies to get more easily in touch with indonesian law through our easy to edit word documents as the lease amendment.

Table of contents


What is a Lease Amendment in Indonesia?

When circumstances in your lease agreement change and both the tenant and landlord agree on the change, establishing a Lease Amendment is an effective way to amend the terms of the original lease without having to redo it entirely. Whether you’re a landlord or a tenant, a Contract Amendment allows you to continue with your lease and your life.

A Lease Amendment is an effective instrument for both landlords and tenants since it allows both parties to simply establish an agreement to amend the terms of the original lease. It effectively allows you to change particular clauses while leaving the rest of the lease in full force and effect.

What is included in a Lease Amendment?

When drafting your Lease Amendment, include the following information:

➤ The names of the landlord(s) and tenant(s)
➤ The original lease's effective date
➤ The date of the lease amendment
➤ The address and type of leased property
➤ Whether the original lease was documented with the county
➤ Which original lease clauses are being revised
➤ How they are being adjusted

Why use a Lease Amendment?

When atypical events develop, a commercial or residential lease modification is a beneficial instrument that may be utilized to benefit both renters and landlords. Other than the initial lease agreement that it alters, there are no particular state regulations governing lease modifications. The lease amendment can be used to change any feature of a lease as long as both parties agree in order to guarantee that both parties continue to behave in good faith and follow their obligations.

In Indonesia, when should a Lease Amendment be drafted?

If necessary, use the Lease Amendment form when:

➤ You are a landlord who desires to modify an existing lease
➤ You are a tenant who wishes to make some lease changes to your landlord
➤ You and your current tenant have discussed lease modifications and would like to formalize the agreement
➤ You and your landlord have agreed to modify some lease terms, and you want a written record of these modifications

You signed a lease agreement with your renter and want to amend it throughout the lease period. A lease amendment modifies an existing lease agreement between a tenant and a landlord by adding or eliminating clauses or amending existing terms. To prevent jeopardizing your interests, it is advised that you sign an addendum upon cementing the contractual adjustments you have agreed to with your Tenant. An amendment enables the parties to alter the terms of the lease agreement without having to sign a new lease agreement. The modification must be approved by both the landlord and the renter. It is typically utilized when bringing in a new roommate, changing the payment date or amount of rent, the provisions of the original lease that are being amended…

What are the main reasons for an amendment?

1. Rent rise

​​A residential lease can be amended by an amendment, specifically to increase the rent. When the contract is renewed, the lease might be amended to increase the rent. It occurs when the lessor tries to alter the rent due to undervaluation in comparison to market prices. The rent can also be raised after an increase that has been subject to a rider. This happens when the landlord renovates the flat.

2. Extension amendment

When a lease contract ends, it does not automatically terminate. At the end of the lease, either the lessor provides notice with or without an offer to renew, or the tenant provides notice and asks for lease renewal. If no notice or request for renewal is issued, the commercial lease continues indefinitely by tacit renewal. To avoid the landlord terminating the lease, we propose that you sign a lease extension to ensure that you will be able to stay in your rental for the required length.

3. New or extra tenant

A lease amendment for an extra tenant is a document that shows an agreement between the landlord and the tenant(s) to include a new tenant into a residential lease.

How do I renew a lease on a leasehold property under Indonesian law?

To renew a lease on a leasehold property in Indonesia, you should refer to the terms outlined in your original lease agreement, as most contracts include specific provisions for renewal1. It’s essential to initiate the renewal process before the current lease expires, and both parties—landlord and tenant—must agree to the extension and any changes to the terms. If the lease is nearing its end and you wish to continue occupying the property, you should contact your landlord to discuss the renewal terms.

The renewal process in Indonesia is subject to the Agrarian Law and other related regulations, which have been updated by the Omnibus Law to introduce significant changes to the property law regime

Are the original lease terms still in effect?

The original terms of the Lease Agreement remain in effect, with the exception of the clauses altered by a Lease Amendment. For example, if your Rent Amendment only modifies the amount of rent, the permissible rent payment options will stay the same.

What are the risks of not using it?

A lease modification is a quick and easy approach to make minor adjustments that may be documented in a few paragraphs. If you do not use a lease modification, you may be stuck with lease terms that are detrimental to you or the other party. Alternatively, you will have to go through the trouble and expense of drafting a new lease agreement, which may need renegotiation of some features that you were not anticipating.

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