YOGYAKARTA - If you are a tenant or a landlord, you have certainly wondered about who is responsible when a rented house is damaged. The reason is that this responsibility is sometimes a debate between the property owner and the contractor. Then what if it is viewed from a legal perspective?
Reported from the official website of Halo JPN managed by the Prosecutor's Office of the Republic of Indonesia, it is said that the understanding of renting is explained in Article 1547 to Article 1600 of the Civil Code. In this article it is explained that renting is an agreement or agreement in which one party binds himself to provide the benefits of an item to another party within a certain period of time with the amount of payment agreed by the tenant.
In the source, it was also said that the damage to the house that was generally rented out was responsible for the repair, adjusted to the type of damage and the lease agreement at the beginning.
If the cause of the damage is due to reasonable use, then the homeowner is responsible. However, if the trigger of the damage is the tenant's actions beyond his control, then the property owner can be responsible.
Examples of damage due to reasonable use are peeling wall paint, or a water tap that is damaged due to age. If this happens, the homeowner must be responsible for repairing it. The homeowner is obliged to maintain the property so that it remains habitable.
If the damage that occurs is due to the tenant, for example broken window glass, broken doors, or broken ceramics, then the tenant must be responsible for the damage. Liability can be adjusted to the provisions contained in the rental agreement.
However, if the damage that occurs is beyond the control of the tenant, then the owner of the house must repair it. Examples of damage to the roof of the tile due to strong winds, or cracked walls due to earthquakes, and so on.
The site also explains what the responsibilities of the tenant and the landlord in general are as follows.
Not only the landlord, the tenant also has responsibilities that must be carried out, namely as follows.
That's the information regarding who is responsible when the rented house is damaged. Visit VOI.id for other interesting information.
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