The lease on a two-storey house in North Bekasi ran out at the end of October. By mid-November the tenant is still there. No renewal payment, calls go unanswered, and the line is always the same: "I'm still looking for a place, give me a bit more time." After two weeks of waiting, most landlords start thinking about shortcuts. Change the padlock on the gate while the tenant is at work, or move their things out onto the terrace.
That shortcut can flip the case. The landlord, who started as the injured party, can end up facing a police report.
A Written Lease Ends on Its Own
Start with Article 1570 of the Indonesian Civil Code (KUHPerdata). A lease made in writing ends by law once its term has passed, with no notice required. If your contract says "1 November 2025 to 31 October 2026", then from 1 November 2026 the tenant has no right to stay unless you agreed to an extension.
An oral lease is different. Article 1571 requires notice of termination, with a notice period that follows local custom. That's why a written lease, even a two-page one, puts you in a much stronger spot when things go wrong.
Plenty of articles still cite Government Regulation (PP) 44/1994 on occupancy of houses by non-owners. That regulation was revoked by PP 14/2016 on housing and residential areas. For a house rental today, the rules that apply are your own contract and Book III, Chapter VII of the Civil Code.
Why is changing the locks risky?
Indonesia's new Criminal Code (Law 1/2023) took effect on 2 January 2026. Article 257(1) sets up to 1 year in prison or a category II fine for anyone who unlawfully forces their way into a house, closed room or closed yard that another person is using. Article 257(2) treats entry by breaking in or using a false key as forced entry. If threats are involved, Article 257(3) raises the maximum to 2 years.
The article doesn't ask who holds the land certificate. It asks who is using the house. While the tenant's family and belongings are inside, breaking the lock or walking in without permission opens the door to a criminal complaint against the owner. Cutting the power or water to push them out can also bring a civil claim for an unlawful act (Article 1365 of the Civil Code) if their things get damaged, say a fridge full of food or work equipment.
So what's the safe order of steps?
- Gather your papers. The lease, the last receipt or transfer slip, photos of the house at handover, and any chats that mention the end date.
- Send a formal written warning (somasi). State the end date under Article 1570, a deadline to vacate (14 days, for example), and a per-day figure for what they owe since the lease ended. Send it by registered post, with a copy over WhatsApp.
- Bring in the RT head and the cluster management. Mediation at the RT head's house often ends with a signed moving date. That signed agreement becomes extra evidence later.
- Work out the deposit. If the lease covers a deposit, arrears and damage can be offset against it. Put the calculation in writing so it doesn't start a second dispute.
- File at the Bekasi District Court. If they still won't move, file a breach-of-contract claim asking for vacant possession and damages. For unpaid rent alone, the small claims procedure (Supreme Court Regulations 2/2015 and 4/2019) covers claims up to Rp500 million and moves faster. For the eviction itself, ask a lawyer whether your case fits a regular lawsuit better.
- Leave the eviction to the bailiff. Once the judgment is final, the court bailiff carries out the eviction. Not the owner, and not anyone the owner sends.
It sounds long. In practice, a warning letter that names the article and a daily arrears figure is often enough to get a tenant moving before anything reaches court.
What if the house still has a mortgage?
A house pledged to a bank can usually still be rented out, as long as your loan agreement and mortgage deed (APHT) allow it. A dispute with the tenant doesn't pause your installments. So the lease should have a clear end date and a per-day penalty for late move-out. That clause is what gives your warning letter a number instead of a polite request.
Clauses Worth Having From Day One
| Clause | What it does in a dispute |
|---|---|
| Fixed start and end dates | Triggers Article 1570: the lease ends with no notice needed |
| Daily penalty for late move-out | Gives a clear basis for damages |
| Deposit and how it's settled | Covers arrears or damage without argument |
| Notice of intent to renew, e.g. 60 days before the end | Shuts down "I thought it renewed automatically" |
| Inventory list and condition photos | Evidence when you tally damage |
| Bekasi District Court as the chosen court | Avoids a fight over which court has jurisdiction |
A lot of North Bekasi owners buy a second house to rent to people who work in Jakarta, since Bekasi Station and the Bekasi Barat toll gate are close. An Emerald 70 house, two storeys on 47.25 m² of land, suits a small family, and that kind of tenant usually wants a one-year lease. A one-year lease means the end date comes round every year, so write these clauses once and reuse them.
Frequently Asked Questions
Can a landlord change the locks when the lease ends?
It's risky while the tenant's family or belongings are still inside. Article 257 of Law 1/2023 makes forced entry into a house someone else is using a criminal offence. The safe route is a written warning, RT mediation, then a claim at the District Court.
Does a written lease need a written renewal?
Yes, ideally. Article 1570 of the Civil Code says a written lease ends by law when its term passes. A verbal-only renewal leaves both sides on shaky ground.
Is PP 44/1994 still in force for house rentals?
No. PP 44/1994 was revoked by PP 14/2016. House rentals now rest on the parties' contract and Article 1548 onward of the Civil Code.
Buying a house to rent out in North Bekasi?
Ask the Kingspoint team about Emerald 70 units and installment options, close to Bekasi Station and the Bekasi Barat toll gate.
Ask on WhatsAppReferences: Civil Code (KUHPerdata) Articles 1365, 1548, 1570, 1571; Law 1/2023 on the Criminal Code, Article 257 (in force 2 January 2026); PP 14/2016, which revoked PP 44/1994; Supreme Court Regulations 2/2015 and 4/2019 on small claims. This article is general information, not legal advice. For your own case, consult an advocate or legal aid organisation.