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Bali Rental Contracts: the 12 Clauses to Check Before You Sign
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Bali Rental Contracts: the 12 Clauses to Check Before You Sign

Deposit, sale clause, Indonesian version, the 10% tax on rent: the 12 clauses of a Bali lease decoded, with statute references and figures verified in August 2026.

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A standard Bali lease is paid in full, upfront, for the year. It asks for a deposit of one to two months' rent — sometimes three — and it often pushes the 10% tax on rental income onto the tenant, even though the law puts it on the landlord (final PPh, PP 29/1996). Three clauses then decide what happens when things go wrong: the sale of the property (Pasal 1576 of the Indonesian Civil Code keeps an existing lease alive through a sale, unless the contract says otherwise), the language of the contract (an English-only agreement has already been struck down by an Indonesian court) and early termination, which settles the fate of the rent you have already handed over. Six more checks take ten minutes each: who really owns the place, how the property is described, the exact dates, the utilities (electricity is almost never included — 1.5 to 3 million IDR a month once you run air conditioning), maintenance and subletting. Plus the 10,000 IDR duty stamp, next to the signatures. Figures and references verified in August 2026; official sources at the end of the article.

The 12 clauses at a glance

No.ClauseWhat to check2026 benchmark
1PartiesThe signatory is the real owner, ID copies annexedAsk for the ownership certificate
2Subject matterDescription of the property + certificate number (SHM)Standard in any serious lease
3TermStart and end dates, renewal termsUsual notice: 2-3 months
4RentAmount, schedule (annual upfront or 50/50)Increase: 10-15% (apartments), open (houses)
5DepositAmount, grounds for deduction, refund deadline in writing1-2 months, sometimes 3; practice: 7-14 days
6UtilitiesElectricity, water, internet, banjar feesAir con: 1.5-3M IDR/month
7MaintenanceSplit between tenant and landlordPasal 1550 and 1583 KUHPerdata
8Sale of the propertyNo "sale ends the lease" clausePasal 1576 KUHPerdata
9TerminationEarly exit, fate of prepaid rentArt. 1338: mutual agreement only
10SublettingWritten consent; licence for short-term letsLicence required since 31 March 2026
11LanguageIndonesian version of the contractUU 24/2009, art. 31
12TaxesWho pays the 10% PPh; duty stamp affixedMeterai: 10,000 IDR

One point of method before the detail. The Balinese customs listed above — deposit, notice, refunds — are almost never backed by statute. Here, the contract is the law. Which means anything the landlord promises out loud has to end up in writing, or it does not exist.

Who is actually sitting across the table? (clauses 1 and 2)

First check, before you even look at the rent: is the person signing really the owner? The Bali Home Collection guide (10 June 2026) puts that verification at the top of its list. In practice, the contract names both parties precisely, ID copies are annexed (a passport on the foreign tenant's side), and the property is described with its ownership certificate number — the SHM for full Indonesian freehold. The habit comes from long leases: Bali Property Rules (March 2026) lists party identification with passports and the certificate number among the 14 essential clauses of a leasehold. Nothing stops you applying the same standard to a plain one-year rental.

And the visa? Sources disagree, and no legal prohibition appears in the texts consulted. One consultancy states that a tourist visa does not allow you to sign a long-term lease. A leasehold specialist says the opposite: a passport is enough, tourist visa included. A French-language expat outlet notes that annual contracts often call for a KITAS or, failing that, a local guarantor. The practical reading: this is a requirement some landlords and agencies impose, not a legal rule we could identify — so settle the point before you hand over a single rupiah. On visas themselves, see our guide to KITAS and long-stay visas.

Hands of a tenant comparing two copies of a multi-page printed rental contract laid on a teak table next to a closed passport and a cup of coffee, on the veranda of a Balinese villa opening onto a blurred tropical garden, soft morning light
Hands of a tenant comparing two copies of a multi-page printed rental contract laid on a teak table next to a closed passport and a cup of coffee, on the veranda of a Balinese villa opening onto a blurred tropical garden, soft morning light

Term, rent, deposit: the financial core (clauses 3 to 5)

Start with the term: explicit start and end dates, on the model of the annual leases ("Sewa Tahunan", one to two years) described in the heybali guide of 30 November 2025. If you want to stay, speak up two to three months before expiry — that is the customary renewal notice — and plan for the increase. Cekindo (3 July 2025) puts it at 10 to 15% for apartments, and notes that for houses it is left entirely to the landlord's discretion. All the more reason to have a cap on increases written into the contract on day one.

Then payment. The market norm is still the whole year settled upfront. Le Petit Journal Bali (guide updated 24 July 2026) describes payment "in one go for the year, or in two instalments (50% + 50%)"; Vivre à Bali (June 2026) adds that half-yearly or quarterly schedules can be negotiated at a premium. The exact calendar — amounts, dates, payment method — belongs in the contract.

Finally the deposit ("uang jaminan"): one to two months' rent in most cases (heybali, 30 November 2025; The Bali Home Collection, 10 June 2026), with three months sometimes demanded (Cekindo, 3 July 2025). Two things to lock down. First, the deposit does not stand in for your last month's rent unless the contract explicitly says so. Second, no legal text sets a refund deadline: the reported practice is 7 to 14 days after you move out, but it only counts if it is written down, along with the grounds on which money may be withheld. Photograph the state of the property the day you move in — dated documentation is your first weapon in a disagreement. Same logic for landlord visits: custom expects 24 to 48 hours' notice, which is worth nothing outside the contract (heybali).

ItemCommon practice observed in 2025-2026Status
Annual rent payment100% upfront, or 2 × 50%, half-yearly/quarterly at a premiumMarket practice
Deposit (uang jaminan)1 to 2 months' rent, sometimes 3Practice, sources disagree
Deposit refund7 to 14 days after move-outReported practice, no legal basis cited
Renewal notice2 to 3 months before expiryPractice
Increase at renewal10-15% (apartments); landlord's discretion (houses)Cekindo estimate (July 2025)
Landlord visits24-48 hours' notice written into the contractPractice

To place a rent inside the market, here are the monthly brackets published by Le Petit Journal Bali (updated 24 July 2026), with that publication's own euro equivalents:

Type of homeMonthly rent (IDR)Equivalent
Guesthouse4-15 million≈ €235-880
Coliving8-25 million≈ €470-1,470
Apartment6-25 million≈ €350-1,470
Villa15-80 million≈ €880-4,700

The area-by-area detail sits in our guide to renting in Bali by the year. And if the villa comes unfurnished, furnishing it secondhand saves you stacking a brand-new furniture budget on top of the deposit.

Utilities and maintenance: what the Civil Code says (clauses 6 and 7)

"Electricity is almost never included," warns The Bali Home Collection (10 June 2026) — a budget warning before it is a legal one. Run the air conditioning and you are looking at 1.5 to 3 million IDR of electricity a month; Vivre à Bali (June 2026) cross-checks that with €100 to €200 a month for an air-conditioned villa, usually settled through prepaid token meters. The other utilities follow the same route: water, internet, rubbish collection and banjar fees — your contribution to the local community (heybali).

On maintenance, the Indonesian Civil Code (KUHPerdata) sets a default split, even when the contract says nothing. Pasal 1550 requires the landlord to hand over the property, keep it in a state fit for its intended use, and guarantee peaceful enjoyment for the whole term. Pasal 1583 puts "minor day-to-day repairs" (shutters, internal locks, window panes, according to local custom) on the tenant — except where the damage comes from wear and tear, a defect in the property or force majeure, in which case the repair swings back to the landlord. Serious Balinese contracts mirror that split: routine upkeep, light bulbs and small repairs for the tenant; structure, roof leaks and major equipment for the landlord (heybali).

One clause deserves to be added, recommended by the French-language guide Vivre à Bali (June 2026): rehousing or a pro-rata refund if the property becomes uninhabitable — the classic big-leak scenario in the rainy season. The principle already flows from Pasal 1550, but writing it down saves you having to argue it.

Prepaid electricity meter mounted on a brick wall at the entrance of a Balinese villa, exposed cables running along the wall, a flowering frangipani and a parked scooter blurred in the background, warm late-afternoon light
Prepaid electricity meter mounted on a brick wall at the entrance of a Balinese villa, exposed cables running along the wall, a flowering frangipani and a parked scooter blurred in the background, warm late-afternoon light

Sale, termination, subletting: the clauses that feed disputes (clauses 8 to 10)

The sale clause is the sneakiest of the lot. By default, Pasal 1576 of the KUHPerdata protects the tenant: selling a rented property does not break an ongoing lease, unless a contrary clause was agreed at signing. And even then, the tenant is not required to move out until the compensation owed has been paid. So hunt for the line that reads "in the event of a sale, the lease terminates": its presence strips you of a legal protection. Demand its removal or, failing that, a compensation figure written in.

The scenario is anything but theoretical. The firm Legal Indonesia documents the case of a villa rented for two years and paid in full upfront: after roughly a year, the owner demanded the tenant leave so he could sell, and refused any refund. An investigation and a formal letter of claim were enough — the owner dropped both the eviction and the sale. The firm rests its position on article 1338 of the KUHPerdata, under which contracts can only be terminated by mutual agreement, and cites a Supreme Court decision (no. 1051K/Pdt/2014). On the contract side, then: check the early-exit conditions on both sides and, above all, what happens to rent already paid.

Subletting requires the landlord's consent (Cekindo, 3 July 2025) — consent to obtain in writing (Your Happiness Tours, 18 June 2026). For short-term lets, though, that agreement is no longer enough: any property listed on a platform (Airbnb, Booking) must hold an accommodation licence. The compliance deadline for OTA listings was set at 31 March 2026; since then, platforms have to verify the NIB and the licence, then pull non-compliant listings (Bali Property Rules, updated March 2026).

And that licence is not open to everyone. The Pondok Wisata (KBLI 55130) is reserved for Indonesian citizens and capped at five rooms; a foreigner has to go through a PT PMA with a villa licence (KBLI 55193), a three-to-six-month process — in their own name, a foreigner simply cannot hold an accommodation licence. As for the Airbnb ban floated in early December 2025 by governor Wayan Koster, it was never implemented: the Ministry of Tourism replied that the government "has never banned and has no intention of stopping" online booking platforms (The Bali Sun, 13 December 2025).

Enforcement, on the other hand, is very real: 48 illegal buildings demolished at Bingin Beach in July 2025, properties sealed, tax audits, and as far as deportation with KITAS revocation for a foreigner operating without authorisation. One reported case (a blog post, no judgment number) sums up the risk on the tenant's side: in Seminyak in 2021, a tenant was subletting at 450 USD a night a villa he was paying 250 million IDR a year for — settled out of court, and he lost the villa.

The language of the contract: the English-only trap (clause 11)

Law UU No. 24 Tahun 2009 requires Indonesian in agreements involving an Indonesian party; its article 31 allows a bilingual contract (Indonesian plus a foreign language) as soon as a foreign party is involved. A 2019 presidential regulation (Perpres No. 63 Tahun 2019) has governed the use of the national language since.

The precedent worth pausing on: Nine AM Ltd v PT Bangun Karya Pratama Lestari. A 4.4 million USD loan agreement drafted in English only was voided for breaching the 2009 law — West Jakarta District Court on 20 June 2013 (no. 451/Pdt.G/2012.PN.Jkt.Bar), upheld on appeal on 7 May 2014 (no. 48/PDT/2014/PT.DKI), then by the Supreme Court on 31 August 2015 (Jones Day analysis, December 2015).

Annulment is not automatic, though. A Supreme Court circular of 29 December 2023 (SEMA no. 3/2023) tells judges that the absence of an Indonesian translation, in an agreement concluded with a foreign party, can no longer on its own justify annulment, absent proven bad faith by one of the parties (Allen & Gledhill analysis). But a circular is only guidance for the courts, whereas the Nine AM precedent was tried and confirmed three times over. So the reflex stands: insist on an Indonesian version, ideally a bilingual contract laid out column by column, and have it read by an independent translator rather than the landlord's.

The 10% tax and the duty stamp: the lines nobody reads (clause 12)

Rent from land and buildings carries a final income tax (PPh) of 10% of the gross rent, under PP No. 29/1996 as amended by PP No. 5/2002 — confirmed on the Indonesian Ministry of Finance website. Legally, that is the landlord's tax. In practice, local property portals report it is commonly paid by the tenant, or already baked into the advertised price (bali.realestate, a commercial portal). So find the tax line in your contract: a "tax payable by the tenant" clause raises your real price by 10%. Spot it, negotiate it, and factor it into any comparison between two villas.

Second discreet line: the duty stamp ("bea meterai"). Since 1 January 2021, a single rate of 10,000 IDR per document (Law UU No. 10/2020), applying to contracts as well as to documents evidencing a payment above 5 million IDR, in physical or electronic form (e-meterai), according to the Directorate General of Taxes. A serious lease carries its meterai next to the signatures.

Annual rental or leasehold: two very different contracts

Do not confuse an annual rental with a leasehold ("Hak Sewa"), the long-term lease that works as a quasi-purchase for foreigners: typically 25 to 30 years, extendable to 70-80 (Bali Property Rules, March 2026; consistent orders of magnitude at Cekindo, 25 years renewable up to 70). Key point: a leasehold is not registered with the land agency (BPN). It is a private contractual arrangement, and the notarised contract is your only protection. The notary (PPAT) must also be territorially competent for the sub-district the property sits in, failing which the deed can turn out to be unenforceable.

Among the 14 essential clauses the guide lists, three deserve particular attention: the extension guarantee (insist on the word "guarantee", not a vague "priority"), the sublet and transfer rights, and a succession clause binding the owner's heirs — over 25 years, the question will come up. On paperwork, a passport is enough to sign a leasehold: no KITAS is required, unlike Hak Pakai.

Dark wooden desk in an Indonesian notary's office with two bound copies of a thick lease agreement, a round brass ink stamp and a fountain pen resting on them, blurred shelves of cardboard files in the background, soft desk-lamp light
Dark wooden desk in an Indonesian notary's office with two bound copies of a thick lease agreement, a round brass ink stamp and a fountain pen resting on them, blurred shelves of cardboard files in the background, soft desk-lamp light

When a dispute starts: document, serve notice, negotiate

The sequence practitioners recommend (balivisa.co, 31 May 2025) comes in four steps: document (dated photos, messages kept), reread the maintenance clauses in the contract, send a formal notice — the "Surat Peringatan", or somasi — then instruct a firm if nothing moves. The same source prices a pre-signature contract review at "a few hundred thousand rupiah": set against the risk, it is the best money in the whole file. The prepaid-villa case above shows that a well-built letter sometimes settles everything.

When negotiation fails, the orders of magnitude reported by a local blog (18 June 2026, no judgment numbers — take them as illustrations) set the tone. In Ubud, a landlord claimed 85 million IDR for damp damage: 40 million was awarded after 14 months of proceedings — a tenant can end up on the wrong side of the bench too, and a photographed inventory is no luxury. In Canggu, a water cut-off meant to force someone out was settled in mediation in two months, with three months' rent in compensation. Count on 6 to 18 months for a first-instance case. One useful clarification: LAPOR!, the official citizen complaints platform, covers public services — a private lease dispute goes through negotiation, somasi, then the civil court.

Last piece of expat-to-expat advice: the contract starts during the search. On Lokalfinds, the Real Estate listings marked for rent put you straight in touch with the island's owners and agencies — ask the 12-clause questions from your very first message. Who is the owner? What deposit? Who pays the 10% tax? Is an Indonesian version planned? The Jobs & Services category also lists Bali-based legal and translation providers for the review. For everything else about settling in, our Bali expat guide takes over.

Frequently asked questions

Do you need a KITAS to sign a rental contract in Bali?

No legal prohibition was identified in the texts consulted. A leasehold specialist says a passport is enough to sign, tourist visa included; a consultancy claims the opposite, that tourist visas block long leases, and some landlords or agencies do require a KITAS or a local guarantor in practice for an annual lease. Clarify what your landlord expects before you pay anything, passport and copies to hand.

How much deposit is normal for a yearly rental in Bali?

One to two months' rent in most cases (guides from November 2025 and June 2026), with three months sometimes demanded. The deposit does not stand in for your last month's rent unless the contract explicitly says so. No law cited sets a refund deadline: the reported practice is 7 to 14 days after you move out — have that deadline written into the contract in black and white, along with the grounds on which money may be withheld.

Can the landlord throw me out if he sells the villa?

In principle no: Pasal 1576 of the Indonesian Civil Code (KUHPerdata) provides that selling a rented property does not break an existing lease, unless a contrary clause was agreed at signing. And even where such a clause exists, the tenant is not required to move out until the compensation provided for has been paid. So check whether your contract contains a "sale ends the lease" line before you sign.

Is a rental contract written only in English valid in Indonesia?

It is a real risk: law UU 24/2009 requires Indonesian in agreements involving an Indonesian party, with bilingual documents permitted where a foreigner is involved. A 4.4 million USD loan agreement drafted in English alone was voided (the Nine AM case, a 2013 judgment upheld by the Supreme Court in 2015). Annulment is not systematic: a Supreme Court circular (SEMA no. 3/2023, 29 December 2023) asks judges to stop annulling on that ground alone, absent proven bad faith — but the safest route is still to insist on an Indonesian version of the lease.

Who pays the 10% tax on the rent?

Legally, it is the landlord's tax: a final PPh of 10% of the gross rent, set by PP 29/1996 as amended by PP 5/2002 and confirmed by the Indonesian Ministry of Finance. In practice, local property portals report the tax is commonly paid by the tenant, or already built into the rent; a "tax payable by the tenant" clause raises your real rent by 10%. Find the tax line and negotiate it before you sign.

Can I sublet my villa on Airbnb with the landlord's permission?

The landlord's written agreement is necessary, but it is not sufficient: any property listed on a platform must hold an accommodation licence — the compliance deadline for OTA listings was set at 31 March 2026, and platforms have since had to pull listings without a valid licence. The Pondok Wisata licence is reserved for Indonesian citizens (five rooms maximum); a foreigner has to go through a PT PMA with a villa licence (KBLI 55193). Penalties recorded in 2025: demolitions, properties sealed, possible deportation.

What can I do if the landlord refuses to make repairs?

Pasal 1550 of the KUHPerdata obliges the landlord to maintain the property for its intended use, even without a dedicated clause. The recommended route: document (dated photos, messages), reread the maintenance clause, send a formal notice (somasi), then go through a firm if needed. The proceedings reported run 6 to 18 months at first instance — early negotiation remains, by far, the fastest road.

Sources

  • https://peraturan.go.id/id/uu-no-24-tahun-2009 — official — government portal: law UU 24/2009 on language (PDF).
  • https://peraturan.go.id/id/perpres-no-63-tahun-2019 — official — government portal: Perpres 63/2019 on the use of Indonesian.
  • https://djpb.kemenkeu.go.id/kppn/kotabumi/id/informasi/perpajakan/pph-pasal-4-ayat-2.html — official — Ministry of Finance: final 10% PPh on rent (PP 29/1996 as amended by PP 5/2002).
  • https://pajak.go.id/en/node/34251 — official — Directorate General of Taxes: bea meterai of 10,000 IDR since 1 January 2021 (UU 10/2020).
  • https://www.lapor.go.id/ — official — national citizen complaints platform (administrative remedy).
  • https://cekhukum.com/pasal-1550-bw-burgerlijk-wetboek-voor-indonesie-kuhperdata-kitab-undang-undang-hukum-perdata/ — commercial — text of Pasal 1550 KUHPerdata: landlord's obligations (maintenance, peaceful enjoyment).
  • https://cekhukum.com/pasal-1576-bw-burgerlijk-wetboek-voor-indonesie-kuhperdata-kitab-undang-undang-hukum-perdata/ — commercial — text of Pasal 1576: a sale does not break the lease.
  • https://cekhukum.com/pasal-1583-bw-burgerlijk-wetboek-voor-indonesie-kuhperdata-kitab-undang-undang-hukum-perdata/ — commercial — text of Pasal 1583: minor repairs fall on the tenant.
  • https://www.jonesday.com/en/insights/2015/12/indonesian-high-court-upholds-ruling-that-contracts-be-written-in-indonesian — commercial — the Nine AM case: an English-only contract voided, confirmed across three levels of jurisdiction.
  • https://schinderlawfirm.com/blog/english-as-prevailing-language-in-an-agreement-the-indonesian-law-perspective/ — commercial — law firm: article 31 of UU 24/2009, bilingual agreements permitted with a foreign party (June 2019).
  • https://www.allenandgledhill.com/publication/articles/27240/supreme-court-of-indonesia-provides-guidance-on-indonesian-translations-of-agreements — commercial — law firm: Supreme Court circular SEMA no. 3/2023 of 29 December 2023, no annulment for a missing Indonesian translation absent proven bad faith.
  • https://bali.realestate/faq/property-taxes-in-bali-how-much-do-foreigners-pay/ — commercial — commercial property portal: in practice the 10% tax is commonly paid by the tenant or built into the rent.
  • https://heybali.info/news/how-to-read-bali-rental-contract/ — commercial — local practical guide: the anatomy of a Balinese lease, deposit, refund, notice, utilities, maintenance (30 November 2025).
  • https://thebalihomecollection.com/guide/what-a-bali-lease-actually-says — commercial — commercial guide from a Balinese estate agency: checking the real owner, electricity never included, deposit (10 June 2026).
  • https://www.cekindo.com/blog/renting-property-bali-agreement — commercial — commercial investment consultancy: lease types, 1-3 month deposit, renewal increases of 10-15% for apartments, subletting (3 July 2025).
  • https://lepetitjournal.com/bali/logement/se-loger-bali-le-guide-complet-435308 — press — French-language expat outlet: 2026 rent brackets by type of home, payment terms (updated 24 July 2026).
  • https://vivreabali.fr/vivre-a-bali/trouver-un-logement — press — French-language expat outlet: annual payment, KITAS/guarantor sometimes required, electricity €100-200/month, rehousing clause (June 2026).
  • https://balipropertyrules.com/guides/bali-short-term-rental-compliance-foreigners/ — commercial — specialist guide from a private publisher: short-term licences, OTA deadline of 31 March 2026, penalties recorded (March 2026).
  • https://balipropertyrules.com/guides/leasehold-hak-sewa-bali-guide/ — commercial — specialist guide from a private publisher: leasehold, no BPN registration, competent notary, 14 essential clauses (March 2026).
  • https://thebalisun.com/indonesian-tourism-ministry-rejects-balis-dreams-to-ban-airbnb/ — press — local outlet: the Ministry of Tourism rejects the Airbnb ban proposed by Bali's governor (13 December 2025).
  • https://legalindonesia.id/our-client-s-case-legal-resolution-of-property-rental-issues-in-bali/ — commercial — law firm (firm's own write-up of a client case): early eviction for a sale settled by formal notice; art. 1338 KUHPerdata.
  • https://balivisa.co/bali-rental-warning-what-to-do-if-the-landlord-refuses-repairs/ — commercial — commercial visa/legal provider: what to do when repairs are refused, documentation, somasi, law firm (31 May 2025).
  • https://yourhappinesstours.com/blog/sued-by-bali-landlord/ — commercial — travel provider's blog: three rental disputes reported without judgment numbers, proceedings lasting 6-18 months (18 June 2026).
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