Housing and Property

• The terms “security deposit,” “guarantee money,” “right money,” “deposit money,” or whatever term is used, refer to money given by the tenant to the landlord to secure the tenant’s (lessee’s) obligations, such as rent.

(Explanation)
・After the lease ends and the tenant vacates the house to the landlord, the amount owed by the tenant is deducted from the security deposit, and the remaining amount is returned to the tenant.
・Liabilities that can be deducted from a security deposit include, for example, unpaid rent that has not been paid by the time the house is vacated, and repair costs when a tenant accidentally damages a wall or breaks a window.
・Natural deterioration and normal wear and tear, such as tatami mats and fittings that have become aged through normal use over the years, are not included in the liabilities to be deducted from the security deposit.
・The landlord collects a certain amount of money from the tenant in case of unpaid rent, repair costs for damage caused by the tenant’s breach of the duty of care, and costs incurred in vacating the property. If there is unpaid rent, repair costs, etc., the amount of these liabilities will be deducted and the remaining amount will be returned to the tenant.

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• Whether or not it is necessary to vacate the property depends on whether or not there has been non-payment to the extent that the relationship of trust between the landlord and the tenant has been breached.
• Forgetting to pay the rent on a single occasion will not require you to vacate the property.

(Explanation)
・If the non-payment of rent does not reach a level that breaches the relationship of trust, the lease contract cannot be canceled. Generally, the non-payment of rent for three months or more is considered to have breached the relationship of trust.
・Even if there is a special clause that states that the property must be vacated immediately if there is even one missed payment, it is possible that such a clause will be deemed invalid.
・For more information, consult with a lawyer, judicial scrivener, or other professional.

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• When a tenant vacates a rented property, they are obligated to leave the property in the same condition as before they moved in.

(Explanation)
・The obligation to restore the property to its original condition does not imply that it should be returned to “as new” condition.
・Damage does not include wear and tear caused by normal use of and profit from the property, or any changes resulting from the passage of time.
・If damage is due to factors for which the tenant is not responsible, the tenant shall not be obligated to restore the property to its original state.
・The Ministry of Land, Infrastructure, Transport and Tourism has published general standards for the extent of the obligation to restore a property to its original condition, called “Problems Regarding Restoration to Original Condition and Related Guidelines,” but the specifics will depend on the details of the contract between the parties and individual circumstances, so consult with a lawyer or other professional for details.

00499

• Of the decrease in the value of the building caused by a tenant’s residence or use, an obligation to repair is recognized for wear and tear or damage caused by the tenant’s intentional or negligent acts, breach of the duty of care, or other use that goes beyond normal use.

(Explanation)
・Although specific problems often arise that are very difficult to solve, the tenant is not obligated to restore anything that would be expected to occur even if the tenant were to live and use the property in a normal manner.
・However, if damage is caused intentionally or negligently, an obligation to repair is recognized.
・Typical examples include breaking glass carelessly, or making a large hole in a wall by intentionally hitting it with an object.

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• The first thing to do is to have a discussion between the parties concerned, or have the building management association (residents’ association) talk about it. You can also use a private dispute resolution organization (ADR organization).
• If this does not solve the problem, you can apply to a court for conciliation in order to seek an injunction to stop the noise or compensation for damages.
• If conciliation is unsuccessful, you will eventually have to file a civil suit.

(Explanation)
・If the management association receives a lot of complaints about noise, it may be possible to establish rules for communal living, such as limiting when and how stereos and washing machines can be used, and ensure that the management association enforces these rules.
・In conciliation and lawsuits, the biggest issue is whether the noise is within an “acceptable limit” or not. In other words, when the noise exceeds the objectively acceptable limit for daily life, it will be recognized as illegal and a request for an injunction or compensation for damages will be granted.
・Whether or not the noise is within “acceptable limits” will be determined based on a comprehensive consideration of circumstances such as the relationship with the numerical values given in public regulations, the degree of noise, the time of day, the interests being infringed and the degree of infringement.

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