TINJAUAN YURIDIS PENYITAAN BARANG MILIK PENYEWA KOS AKIBAT MENUNGGAK PEMBAYARAN

JURISDICTION OVERVIEW OF Confiscation of Tenant's Property COSTS DUE TO PAYMENT arrears

Abstract

Thwe fact that often happens in the field is that if the boarding house tenant is late
paying for up to months, then the goods belonging to the boarding house tenant are
quickly mortgaged or sold quickly unilaterally to replace losses from late paying
boarding fees. From these problems, the authors examine with normative research,
namely researching research by examining the aspects of the law and on the
doctrine of experts. From thew resultsw ofw thew studyw thatw thew confiscation owf twhe
property of the boarding tenant cannot be carried out based on the Civil Code, if the
boarding house owner has difficulty asking to complete his obligations, he can first
file a default lawsuit by first giving a subpoena to the boarding tenant as a warning
for negligence in paying rent. For the act of default, the lessor may sue for payment
of rent accompanied by interest win waccordance wwith wArticle 1243 ofw thew Civilw Codew.
If the owner wof the boarding house holds the pwroperty owf thew tenant, twhe action owf
thwe landlord (the lessor) who holds (confiscates) the goods (the tenant) is against
the law because it is not carried out based on proper legal procedures. Legal
settlement of confiscation of property belonging to boarding tenants due to arrears
in payments. The act of the owner of the boarding house holding (seizing) your
belongings as described above is against the law. For this reason, you can apply for
compensation for unlawful acts of the same age aws Artiwcle 1365 owf wthe wCivil Cwode.
Solve thwe problem ofw paying thwe rent for this boarding house amicably first. The
renter can discuss again with the owner of the boarding house thwe reasown for thew
delayw orw the reasonw why he is unable to pay the rent two findw thew bestw solutionw for
both partiesw. In addition, the boarding tenant and the boarding house owner can
agree together to postpone the rental payment deadline or make it easier to pay rent
with an installment mechanism, which can be used to be written down