ENGLISH LAW

COMPARISON USA AND INDONESIAN LANDLORD AND TENANT

Name: Flowrencia Stevani br. Manalu

Class: D

NPM: 210514248

The definition of a landlord and tenant in Indonesian is an agreement in which a party

that binds himself to give to another party enjoys something for a certain period of time and with
the payment of the latter party is able to pay the payment Definition – Continued • The lease
contained in Chapter 7 Book III of the Civil Code applies to all types of leases, whether movable
or immovable, whether using a certain time or using a certain time.Obligations of the landlord
Party • Deliver the leased goods to the lessee • Maintain the leased property until it can be used
for the intended purpose • Provide the tenant with a peaceful enjoyment of the leased item during
the lease period • Make corrections to the leased item, except which is the obligation of the
tenantlandlord– Con't • Covers the tenant for all defects of the goods being tenant which hinder
the use of it, even if the landlord does not know it at the time the lease agreement is made • If it
results in a loss, the lessor is obliged to compensateTenant's Obligations • Use the leased
property as a “good father of the house” in accordance with the purpose given to the item
according to the agreement • Pay the rental price at the time specified in the agreement •
response to any damage caused to the leased property during the period lease, unless he proves
that the damage was beyond his fault

Liability – Cont'd • respond to liability for any damage or loss caused to rented goods by
housemates, or by those who take over the rentThird Party Interference • If during the rental
period, the lessee in the use of the goods being leased, is disturbed by a third party based on the
rights proposed by the third person, the lessee may demand that the lessor should reduce the rent
commensurate with the nature of the disturbance.Disturbance – Continue • If a third party sues
the tenant in court, the tenant can demand the reason for the party who rented the party who was
withdrawn in a civil case to protect the tenant • if the disturbance is in the form of a physical act
without expressing rights, then the matter This is outside the responsibility of the one who rents
outRe-leasing • The lessee may not repeat the lease (lease) the goods he rents, nor release it
(assignment) without the permission of the lessor. interest • The party who rents out is not
obliged to agree on a re-rental fee agreementSale and Purchase Not Deciding on Lease • With the
sale of the leased item, which was made previously decided, unless it has been previously
agreedTypes of Property-Related Lease Agreements • house/house occupancy rental agreements
• flat rental agreements • other property rental agreements such as offices, warehouses, shops,
garages, malls, and others

Houses (PP No. 44 of 1994) • Occupancy of houses can be done by renting or by non-
renting • Occupancy carried out without the consent or permission of the owner is declared as
occupancy without rights or illegal Occupancy of a House for Rent • Based on a written
agreement between the owner and the tenant • At least include the rights and obligations, the
term of the lease, the amount of the lease, the object of the house being • In dispute it cannot be
rented out • In the event that the house being rented is located in on land owned by someone else,
a lease can be made after obtaining Occupancy • If the rental period has expired, the tenant is
obliged to return the house to the owner in a condition that is declared good and vacant from the
occupants • If the tenant does not leave and vacate the rented house within the time limit, the
occupancy is illegal or without rights and the owner can request the assistance of the State Police
to vacate it Occupancy • The lease relationship can be terminated before the expiration of the
term of the lease provided that (i) if it is detrimental to the tenant, then the owner is obliged to
return the money (ii) if it is detrimental to the owner of the house, the tenant returns the
obligation to the original condition, and cannot ask for a refund of the rent that has been

In American When going into a rental agreement, it is critical for tenants to understand
their rights. These rights are outlined in Landlord-tenant legislation, which controls the renting of
commercial and residential property. It is mostly made up of state statutes and common law. This
section of the law is critical when renting an apartment or a property.Tenants must know
landlord-tenant statutes in order to understand their rights and duties and avoid being exploited
by the landowner.A lease has two major parties: the landlord and the tenant, each with their own
set of rights and duties. while the landlord is responsible for keeping the facility safe and
functional and according to the conditions of the lease agreement, but he also has the right to
obtain the monthly rent in full (by the due date),When the owner of a home or business agrees to
provide someone else the temporary use of that location in exchange for money or labour, the
two have engaged in a legally binding rental contract. The basic rights and responsibilities are
usually spelt out in the rental agreement.If you break it, the landlord may be allowed to ask you
to leave and hold you accountable for future rent payments and other damages. It makes no
difference whether the agreement is oral or written. Because it is a rental agreement(lease), some
of its most crucial elements are prescribed by law. In some of these agreements, neither the
landlord nor the tenant can change them. Other stipulations are up to the landlord and tenant.
procedure demands the tenants to follow certain rules that are established by the law
Inspecting the Property Prior to Signing a Lease- Prospective renters should be permitted to
inspect the rental unit before paying any money. They should also be permitted to investigate the
utilities, appliances, electrical systems, and so on. Landlords have the right to reject cooperation.
A list of concerns is beneficial to both the landlord and the renter since it protects all parties if
there is a disagreement regarding who is responsible for any repairs Screening and Pre-Lease
Fees – Many landlords charge a screening fee to potential tenants. Some landlords, however, do
not. This charge is typically used to pay the cost of reviewing the tenant’s references. 
Security Deposit- Landlords have the authority to request a security deposit from tenants. This
is money paid by the renter and held by the landlord to cover any injury to the rental unit that
goes beyond normal wear and tear. It can be used by the landlord to pay for any outstanding rent
or money owed to the landlord under the lease or another arrangement. The security deposit
cannot be used to pay rent, save for the last month of an agreement for title cancellation or
mortgage foreclosure redeeming term, when the renter may postpone payment of rent. 
Residential Tenant Reports– Tenant-screening reports are governed by the federal “Fair Credit
Reporting Act.” This report offers information about tenants or compiles tenant reports for a
charge, due, or on a non-profit co – operative basis.  The Lease- The lease specifies the
conditions of any renting agreement. This can be a formal, written agreement or an oral agre