Settings of Clause Rental Rental

Oct 13, 2025 by recoveryshake.com 120 views

Introduction

Housing is a basic need that is very important for every individual. However, not everyone, especially those who have financial limitations, are able to buy a house. As an alternative, renting a house is a decent choice. To ensure legal certainty in lease transactions, the lease agreement is made before a notary. Although this agreement meets all applicable terms and procedures, such as the presence of two witnesses and agreements between the two parties, still various problems surrounding the lease often arise.

The Problem Raised

In this thesis study, there are three main questions that will be discussed. First, how is the arrangement of clauses in the lease certificate made before a notary? Second, what are the provisions regarding the emptying in the lease agreement? Third, what protection is given to the tenant and the leasing party?

Research Methodology

This study uses a normative juridical method with a focus on the study of regulations and laws governing the rental deed of renting a house. In addition, the empirical approach is also applied to provide a real picture of the implementation of law in practice.

Research Result

Settings of Clause Rental Rental

The arrangement of clauses in the lease certificate compiled before the notary includes several important elements, namely:

The Identity of the Parties: There are parties and tenants. The identity of both parties must be clearly stated in the agreement to avoid any confusion or disputes in the future.
Objects of Rent: Types and locations of the house that are rented must be clear. This includes the description of the house, its location, and any other relevant details.
Time Period: The duration of the lease agreement must be determined. This includes the start and end dates of the lease, as well as any provisions for renewal or termination.
Domicile: The address chosen by the parties for dispute resolution. This is an important clause that ensures that any disputes that may arise during the lease period can be resolved in a fair and timely manner.

Emptying Provisions

Provisions regarding house emptying are one of the crucial aspects of the lease agreement. Emptying is the obligation of the tenant to return the house to the leasing party after the lease ends. Usually, the emptying time has been determined in the agreement agreed upon by both parties, so that it is hoped that there will be no confusion when the lease ends.

Legal Protection for the Parties

Legal protection given in the lease agreement is very important to ensure certainty for both parties. The clause contained in the agreement deed functions as a legal guideline that protects the rights of tenants and leasing parties. The application of legal provisions in this clause aims to create a balance of protection and justice for both parties.

Conclusion

Through this analysis, it can be concluded that the lease deed made before a notary provides legal certainty and protection for the parties involved. Even though they have fulfilled legal requirements, there are problems in leasing practices can still occur. Therefore, it is important for both parties to understand and manage the contents of the agreement carefully. Thus, the lease certificate does not only function as a legal document, but also as a guarantee of rights and obligations for all parties involved in the lease agreement.

Recommendations

Based on the findings of this study, the following recommendations are made:

Clearer Clauses: The clauses in the lease agreement should be clearly stated and easily understood by both parties.
Specific Provisions: Specific provisions should be included in the agreement regarding the emptying of the house and any other relevant details.
Dispute Resolution: A clear address for dispute resolution should be included in the agreement to ensure that any disputes can be resolved in a fair and timely manner.
Legal Protection: The lease agreement should include provisions that provide legal protection for both parties, including the rights and obligations of the tenant and the leasing party.

Limitations of the Study

This study has several limitations, including:

Scope: The study only focuses on the lease deed made before a notary in Medan City.
Methodology: The study uses a normative juridical method with a focus on the study of regulations and laws governing the rental deed of renting a house.
Data: The study relies on secondary data, including laws, regulations, and court decisions.

Future Research Directions

Future research directions include:

Comparative Study: A comparative study of the lease deed made before a notary in different cities or regions.
Empirical Study: An empirical study of the implementation of the lease deed made before a notary in practice.
Qualitative Study: A qualitative study of the experiences and perceptions of tenants and leasing parties regarding the lease deed made before a notary.

Conclusion

In conclusion, this study provides a juridical analysis of the rental deed of renting a house made before a notary in Medan City. The study highlights the importance of clear clauses, specific provisions, dispute resolution, and legal protection in the lease agreement. The study also identifies several limitations and recommends future research directions.

Q1: What is the purpose of making a rental deed before a notary?

A1: The purpose of making a rental deed before a notary is to ensure legal certainty and protection for both the tenant and the leasing party. It provides a clear and binding agreement that outlines the terms and conditions of the rental, including the duration, rent, and responsibilities of both parties.

Q2: What are the benefits of making a rental deed before a notary?

A2: The benefits of making a rental deed before a notary include:

Legal certainty: A clear and binding agreement that outlines the terms and conditions of the rental.
Protection for both parties: The agreement provides protection for both the tenant and the leasing party, including their rights and obligations.
Dispute resolution: A clear address for dispute resolution is included in the agreement, ensuring that any disputes can be resolved in a fair and timely manner.
Guarantee of rights and obligations: The agreement serves as a guarantee of the rights and obligations of both parties, providing a clear understanding of their responsibilities.

Q3: What are the key elements of a rental deed made before a notary?

A3: The key elements of a rental deed made before a notary include:

Identity of the parties: The identity of both the tenant and the leasing party must be clearly stated in the agreement.
Objects of rent: The type and location of the house that is rented must be clearly described in the agreement.
Time period: The duration of the lease agreement must be determined, including the start and end dates.
Domicile: A clear address for dispute resolution must be included in the agreement.

Q4: What are the provisions regarding emptying in a rental deed made before a notary?

A4: The provisions regarding emptying in a rental deed made before a notary include:

Obligation to return the house: The tenant has the obligation to return the house to the leasing party after the lease ends.
Determined emptying time: The emptying time has been determined in the agreement agreed upon by both parties, to avoid any confusion when the lease ends.

Q5: What is the importance of legal protection in a rental deed made before a notary?

A5: The importance of legal protection in a rental deed made before a notary is to ensure that both parties have a clear understanding of their rights and obligations. The agreement provides a legal guideline that protects the rights of tenants and leasing parties, creating a balance of protection and justice for both parties.

Q6: Can a rental deed made before a notary be modified or terminated?

A6: Yes, a rental deed made before a notary can be modified or terminated, but it must be done in accordance with the terms and conditions of the agreement. Any modifications or terminations must be made in writing and signed by both parties.

Q7: What are the consequences of not making a rental deed before a notary?

A7: The consequences of not making a rental deed before a notary include:

Lack of legal certainty: Without a clear and binding agreement, there may be disputes and confusion regarding the terms and conditions of the rental.
Inadequate protection: Without a clear agreement, both parties may not have adequate protection for their rights and obligations.
Dispute resolution issues: Without a clear address for dispute resolution, disputes may not be resolved in a fair and timely manner.

Q8: Can a rental deed made before a notary be used as evidence in court?

A8: Yes, a rental deed made before a notary can be used as evidence in court. The agreement serves as a clear and binding document that outlines the terms and conditions of the rental, providing a clear understanding of the rights and obligations of both parties.

Q9: How can I ensure that my rental deed made before a notary is valid and enforceable?

A9: To ensure that your rental deed made before a notary is valid and enforceable, you should:

Use a notary public: The agreement must be made before a notary public to ensure its validity and enforceability.
Follow the terms and conditions: Both parties must follow the terms and conditions of the agreement to ensure its validity and enforceability.
Keep a copy of the agreement: Both parties should keep a copy of the agreement to ensure that it is easily accessible and can be used as evidence in court if needed.

Q10: Can I seek legal advice if I have questions or concerns about a rental deed made before a notary?

A10: Yes, you can seek legal advice if you have questions or concerns about a rental deed made before a notary. A lawyer can provide guidance and advice on the terms and conditions of the agreement, as well as any potential issues or disputes that may arise.