Settlement of Breach of Contract in Boarding Room Lease Agreements Between Landlords and Tenants

Abstract

Renting goods is a transfer of goods by the owner to another person to collect the proceeds from the goods and with the condition of payment of rent by the user to the tenant. The problems in the rental agreement that occurred in boarding houses in Tlogomas Village, Malang City, namely default by the tenant such as late payment, paying but not supposed to and not making payments. The research method used is empirical juridical located in Tlogomas Village, Malang City and has 121 samples consisting of 1 employee at the Tlogomas Village Office, 30 boarding house owners and 90 tenants. Data collection techniques are carried out through interview techniques, observation and documentation or literature studies which are then analyzed descriptively qualitatively. The results of the study indicate that the form of rental agreement for boarding rooms in Tlogomas Village, Malang City is carried out using two forms of agreements, namely oral agreements and written agreements, but are more dominated by boarding house owners who use agreements in oral form than in written form. The settlement efforts made by boarding house owners in Tlogomas Village, Malang City when a default occurs by the tenant, namely by giving warnings to the tenant who is in default to immediately carry out the performance in accordance with the previously agreed agreement. Oral rental agreements are more susceptible to default with the cause of default being negligence by the tenant.