A Tenant Who Stops Paying or Won't Leave: Lawful Steps for Owners

Almost every owner of a rented house or ruko (shophouse) has had, or will have, a tenant who pays late. Most cases end with a short message and some patience. A few drag on: arrears pile up, the tenant is hard to reach, or the lease ends and the keys never come back.

At that point the urge to act alone is strong. Cut the power, change the lock, put the belongings outside. Don’t. This article explains the lawful steps, from the lightest to the courts, and why shortcuts so often hurt the owner.

It’s a general picture, not legal advice for a specific case. If the amount is large or the situation is complicated, talk to a lawyer.

Step 0: check your documents first

Before you warn anyone, check your own position:

• The signed lease, including the end date, due dates, late fees, and the termination clause.
• Proof of payments received, so the arrears figure is exact.
• Proof of ownership or your authority to let the property.
• Conversations with the tenant about the delay, including any promise to pay.

A written lease ends by law when its term runs out (Article 1570 of the Civil Code, KUH Perdata). If nobody objects and the tenant stays, the lease can be treated as continuing under local custom (Articles 1573 and 1587). So if you want the tenant gone on the end date, say so in writing and on time. More on this in renewing a lease and raising the rent.

Step 1: talk, and keep a record

Contact the tenant first, calmly. Many arrears have ordinary causes: a late salary, a slow business, forgetfulness. Ask when they can pay and ask for the answer in writing, a message is enough. If you agree on paying the arrears in instalments, note the amounts and dates and ask the tenant to reply “agreed”.

Keep every message. They become evidence if the matter reaches court.

Step 2: a written warning (somasi)

If talking gets nowhere, send a formal warning letter called a somasi. It rests on the rules of breach of contract (wanprestasi) in the Civil Code: a person is declared in default by a warning letter or a similar deed. A good somasi contains:

• Your identity and the tenant’s, and the building’s address.
• The basis of the obligation: the lease, its date, and the clause.
• The amount of the arrears and how it is made up.
• A clear deadline, for example seven to fourteen days, to pay or vacate.
• The consequence if it isn’t met: you will take legal action.

Send it in a way you can prove, such as registered mail or hand delivery with a receipt, plus a copy by message. Many people send several, each with a shorter deadline. That’s practice, not a legal requirement. A lawyer can help draft a clean letter, and a letter on a law firm’s letterhead often makes tenants take it more seriously.

Step 3: mediation through someone trusted

Before court, there are cheap middle paths:

• The neighbourhood head (RT) or the village office as mediator and witness.
• Family or a respected person on both sides.
• The tenant’s employer or company, if a company rents the house for its staff. Its finance or general affairs team can usually move faster than the occupant.

Write the result of mediation into an agreement letter: the amount to be paid and when, or the move-out date. Have both parties and a witness sign. It helps if the agreement is broken.

Step 4: a claim in court

If all of the above fails, a civil claim in the district court is the lawful route.

The simple claim

The Supreme Court has a simple claim procedure for small cases, set out in Perma 2 of 2015 as amended by Perma 4 of 2019. Its main features:

• A material claim of up to Rp500 million.
• Breach of contract cases, such as unpaid rent, can be brought. Land disputes are excluded, but collecting rent isn’t a dispute over rights to land.
• Heard by a single judge, with a shorter process than an ordinary claim.
• The parties must attend hearings in person, and may be accompanied by a representative.
• There is a rule on the parties’ domicile. Plaintiff and defendant are basically in the same court’s area, with exceptions where a representative can be used. If the tenant’s address is unknown, this route can’t be used.

For a demand to vacate the building together with the money claim, ask the court clerk or a lawyer whether it can be combined in this route. If not, the route is an ordinary civil claim.

The ordinary claim

Slower and more expensive, but it can carry broader demands: arrears, contract penalties, vacating, and damages for harm to the building. A lawyer usually helps with this.

Enforcement

A judgment that is final and isn’t followed voluntarily can be taken to the court for enforcement. Vacating is carried out by the bailiff and the court with security, not by the owner. So even if you win, wait for the process.

What not to do

This is the most important part. These actions often feel justified when you’re angry, but they put the owner at risk:

• Cutting the power, water, or internet that the tenant pays for or that is part of the rent.
• Changing the lock or locking the tenant out.
• Removing or selling the tenant’s belongings to cover the arrears.
• Threatening, intimidating, or sending people (including certain groups) to pressure the tenant.
• Entering without permission while the tenant is away.
• Posting the tenant’s details or photos on social media to shame them.

Actions like these can be treated as taking the law into your own hands and as an unlawful act (Article 1365 of the Civil Code), and depending on the form they can be reported as a crime. The result often flips the positions: the tenant in arrears becomes the injured party, and you have to defend yourself.

An owner who wants to keep control should write their lawful rights into the lease from the start.

How to prevent it from the lease

• A security deposit that is big enough, with clear conditions for using it. See rental security deposits.
• Rent paid in advance for a set period, not after use.
• A reasonable late fee, written as a number.
• A termination clause for arrears beyond a set number of days, and a duty to vacate.
• The tenant’s address and contacts, plus someone who can be reached.
• ID and documents checked before handing over the keys.

These are covered in what goes in a rental agreement and a guide to renting out a house safely. For rukos, also watch the renovations a tenant makes, as in renovating a rented shophouse.

Weigh the cost and time

Court costs money and time. For small arrears, mediation or a deduction from the deposit often makes more sense than a claim. For large arrears, a tenant who won’t leave, or a ruko losing money every month, a claim is worth considering. Talk through the numbers with a lawyer before deciding.

Closing

An owner who stays patient, records everything, and uses written steps is almost always in a stronger position than one who acts alone. If you want to rent out property in South Kalimantan with a tidier lease from the start, the Vorneo Property team can help through the list-with-us page.