Lease Agreement Sample

Today I will post about Lease Agreement Sample. Once upon a time, I found a mother and her child who were confused when drafting a lease agreement under hand. One of the confusion is about what should be included in the lease agreement. I am sure that confusion regarding lease agreements is not only experienced by those mother and child I met, but also experienced by many other communities out there.

Knowing the basics of the lease agreement is important because mistakes in understanding and making a lease agreement will certainly open a gap that will harm one party, or even both parties to the agreement. Departing from these conditions, let’s discuss a little about the basics of the lease agreement.

  1. Definition of Renting/Leasing

A lease is an agreement, whereby one party binds himself to provide enjoyment of an item to another party for a certain time, with the payment of a price that the latter has agreed to (pay attention to Article 1548 of the Civil Code).

Another definition of leasing put forward by Algra (1983: 199) is an agreement for the temporary use of an object, both movable and immovable, with the payment of a certain price.

Based on the description of the definition of leasing above, the following elements can be drawn:

  • There is a party that rents out and the lessee,
  • There is a consensus between the two parties,
  • The existence of leased objects, namely goods, both movable and immovable,
  • There is an obligation on the part of the renter to hand over enjoyment to the lessee for an object,
  • There is an obligation from the tenant to hand over payment money to the lessee.
  1. Subjects and Objects of Renting/Leasing

The subject or party involved in the lease agreement is the lessee and the lessee. The renting party is a person or legal entity that rents out goods or objects to the lessee, while the lessee is a person or legal entity that rents goods or objects from the renting party.

The objects in the lease agreement are goods or objects, provided that the goods or objects being rented are lawful goods, meaning that they do not conflict with law, order, and morality.

  1. Rights and Obligations of the Lessee

The rights of the lessee are to receive a predetermined rental price, while the obligations are as follows:

  • Goods for rent must be delivered in good condition,
  • Goods that are rented out must be taken care of properly and those that are damaged must be repaired (if this is their responsibility),
  • Guarantee the tenants to be able to use and use the rented goods safely as long as the lease agreement applies,
  • Bear all deficiencies in the object for rent, namely deficiencies that can prevent the use of the object, even though since the entry into force of the agreement, he has not been aware of such deficiencies or defects.
  1. Rights and Obligations of Tenants

The right of the tenant is to receive the goods for rent in good condition, while the obligations are as follows:

  • Pay the rent at the specified time,
  • It is not allowed to change the purpose of the items for rent,
    Compensate for damages caused by the tenant himself, or by people who live in the house being rented,
  • Return the rented goods in all circumstances when the lease agreement has expired,
  • Take care of the hired goods as a responsible host,
    You are not allowed to rent out the rented items to other people. If this has been determined, and these provisions are violated, the agreement can be dissolved and the tenant can be sued for compensation, losses, and interest.
  1. Form and substance of the Leasing Agreement

Most of Western Civil Code does not explicitly determine the form of the lease agreement made by the parties. Lease agreements can be made in written or oral form.

In practice, rental agreements, for example, such as buildings / land, are made in written form and the contents of the agreement have been formulated by the parties and / or notaries.

The substance of the lease agreement at least contains the following:

  • The date the lease agreement was made,
  • Legal subjects, namely the parties involved in the lease agreement,
  • Rented object,
  • Rent time period,
  • The amount of rent,
  • The rights and obligations of each party in the agreement,
  • You Can also add regarding expiration of contracts and penalties.
  1. Risk of Destruction of Object

Risk obliges someone to bear a loss, if there is an incident beyond the ability of either party to befall the object which is the object of the agreement. Destruction of objects can be divided into 2 (two) types, namely total destruction and partial destruction of the object for rent.

If the goods leased by the lessee are destroyed in their entirety beyond their fault during the lease period, the lease agreement is null and void and the party that bears the risk of destruction of the goods is the lessee. This means that the renting party will repair and bear all the losses.

If the rented item is only partially destroyed, the tenant can choose according to circumstances, will ask for a reduction in the rental price or will ask for the cancellation of the lease agreement. Basically, the lessee can claim both of these matters, but cannot demand compensation payments to the lessee.

The following is an example of Lease Agreement Sample that may suit your business activities. However, if needed, you can modify the contents of this contract according to your business needs.

Note: You can purchase this Lease Agreement Sample for US $15.7, -. (tax included). You can pay by clicking the PayPal or Credit / Debit Card button BELOW. After the payment is successful, this draft + invoice will be automatically sent to the email address that you filled in the payment form.

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