Jannah, Putri Naurah (2024) Pelaksanaan Perjanjian Sewa Menyewa Toko Yang Berakibat Wanprestasi di Kecamatan Sail. Other thesis, Universitas Islam Riau.

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Abstract

This research is motivated by the need to analyze the legal consequences of default in lease agreements for store rentals in the Sail District. Default often occurs due to delayed rent payments by tenants, which can harm the store owners. The study also highlights the importance of written agreements to protect the rights of both parties in the lease agreement. The analysis is conducted by examining default cases that have occurred in the area. The research is expected to provide insights into the legal impact of default in lease agreements. The problem formulation in this research is how the implementation of lease agreements for stores, which result in default in the Sail District, and what factors cause default in the store lease agreements in the Sail District. The method used in this study is empirical legal research with a literature review approach as supporting data. The data sources used in this research include primary data obtained directly through interviews with predetermined informants and secondary data obtained from various literature and laws and regulations, with the descriptive-analytical nature of the study. This study found that the implementation of the shop rental agreement in Sail District involves an agreement between the landlord and tenant to meet certain conditions, such as paying rent in advance and adhering to the applicable rules. However, delayed payments often occur due to factors such as low shop income, medical emergencies, negligence, and personal expenses of the tenant. Although no guarantee is provided, the tenant must meet the administrative requirements set by the landlord. Payment is made in advance and documented with a receipt. Payment delays can lead to a breach of contract (wanprestasi). The factors contributing to the occurrence of wanprestasi in the shop rental agreement in Sail District include negligence in payments, the tenant's financial issues, and the less strategic location for business. The tenant's financial instability and business competition are the main obstacles in fulfilling the rental payment obligations, ultimately leading to a breach of contract in the rental agreement.

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