Guidelines for Preventing
Tenant-Landlord Disputes

Tokyo Metropolitan Government
In the event of any inconsistency or discrepancy between
the Japanese version and the English version,
the Japanese version shall prevail.

How to Use the Guidelines
The Guidelines, written in Japanese, are intended to prevent
trouble related to the leasing of private rental housing.
introduces the background of the formulation of theOrdinance for the Prevention of Residential Rental
Disputes in Tokyo and the contents of the ordinance.
shows the basic concepts, such as the responsibility of
the landlord or tenant for the cost of the restoration ofproperty to its original condition when it is vacated andmaintenance and repairs during the tenancy, which theOrdinance states must be explained to the tenant upon
leasing.
describes what needs your attention when you conclude
a housing lease contract and while you live in theproperty.
To make the Guidelines easy-to-use, we used comprehensible
expressions, illustrations and lists for each room type in thecreation process. In addition, theImportant!

columnssummarize the main points.
We hope that the Guidelines will be helpful to everyone involved
in rental housing.

Table of Contents
Trouble Prevention and TMG’s Ordinance ................................................................................................... 1
1. Status quo of trouble consultation ......................................................................................................................... 1
2. Ordinance for the Prevention of Residential Rental Disputes in Tokyo ................................................... 1
Reference

Model Explanatory Forms Based on the Ordinance for the Prevention of
Residential Rental Disputes in Tokyo ........................................................................................ 4

Guidelines for Preventing Tenant-Landlord Disputes................................................................................ 6
1. Restoration upon moving out .................................................................................................................................. 6(1) Decrease in the value of buildings ................................................................................................................... 6(2) What are restoration obligations? .................................................................................................................... 7(3) What is due care of a prudent manager? ...................................................................................................... 8(4) Number of years elapsed ..................................................................................................................................... 8(5) Share of tenant’s responsibilities ...................................................................................................................... 9(6) Special agreement ............................................................................................................................................... 12
Reference

Examples of Cases Brought to the TMG’s Consultation Services ........................... 13

Reference

Illustrated explanation of the responsibilities of the landlord and tenant 1, 2
(typical examples) ...................................................................................................................... 14

Reference

List of the responsibilities of the landlord and tenant (typical examples) .......... 18

2. Maintenance and repairs during tenancy ......................................................................................................... 20(1) Landlord’s obligations and tenant’s responsibilities .............................................................................. 20(2) Special agreement for minor maintenance and repairs ....................................................................... 20(3) Contacts for repairs etc. .................................................................................................................................... 21
Lease Contract and Lifestyle at Rental Housing ....................................................................................... 22
1. Contract to moving in ............................................................................................................................................... 23(1) Make sure to completely understand explanations in advance ........................................................ 23(2) Pay attention to a special agreement .......................................................................................................... 24(3) Carefully check property when moving in ................................................................................................. 24
2. Tenancy ........................................................................................................................................................................... 30(1) Report on necessary repairs quickly and promptly ................................................................................ 30(2) Mind your manners for a comfortable tenancy ....................................................................................... 30
3. Moving out.................................................................................................................................................................... 32(1) Read the contract to check the deadline for giving notice of moving out ................................... 32(2) Vacate the property cleanly to avoid causing trouble to the landlord ........................................... 32(3) Carefully check property when moving out .............................................................................................. 33(4) Talk about what you are not satisfied with ................................................................................................ 33
Reference

Revision of the Civil Code ....................................................................................................... 34

Reference

DIY-Type Lease ........................................................................................................................... 35

In Case of Trouble ............................................................................................................................................ 36
1. TMG’s consultation services ................................................................................................................................... 36
2. Legal proceedings ...................................................................................................................................................... 36(1) Civil conciliation proceedings ......................................................................................................................... 36(2) Small claims action .............................................................................................................................................. 36(3) Petition for demand for payment .................................................................................................................. 37
3. Others .............................................................................................................................................................................. 38(1) Mediation and arbitration ................................................................................................................................ 38(2) Conciliation by conciliation institutions based on ADR Law .............................................................. 38(3) Other legal consultation services .................................................................................................................. 39
Reference .................................................................................................................................................................... 40
 Ordinance for the Prevention of Residential Rental Disputes in Tokyo ................................................ 41
 Regulations for Enforcement of the Ordinance for the Prevention of Residential Rental
Disputes in Tokyo ....................................................................................................................................................... 43
 Checklist for Property Condition upon Moving in/out and Restoration of Property (Example) . 44
 Important Points Explanation of Property to be Leased ............................................................................. 46
Annex

Summary of the Results of the Inspection of Building Conditions (for use in
explanation of important matters) ......................................................................................... 51

Reference

Full-scale operation of IT-based explanations of important matters related tolease transactions and the explanation of the Ordinance for the Prevention of
Residential Rental Disputes in Tokyo ..................................................................................... 55

 Regular Rental Housing Contract - Standard Type (as of March 2018) ................................................ 56
Notes for Executing Regular Rental Housing Contract - Standard Type .............................................. 66
Description of Regular Rental Housing Contract - Standard Type ......................................................... 71
 Changes upon the Publication of the Third Edition ..................................................................................... 80
 Tokyo Metropolitan Government’s consultation services .......................................................................... 81

Trouble Prevention and TMG’s OrdinanceImportant!
The Ordinance for the Prevention of Residential Rental Disputes in Tokyo obliges real estate brokers to explain: The basic rules for bearing the cost of the restoration of property to its original condition when it is vacatedand maintenance and repairs during the tenancy

 Specific responsibilities of the tenant prescribed in the actual contract
When you listen to explanations based on the Ordinance, compare the concept of responsibilities in the basic
rules and the contents of responsibilities in the contract, and fully understand the difference between them if
any, before you decide to conclude the contract.

1. Status quo of trouble consultation
There are approximately 6.5 million households in Tokyo and 40% of them, approximately 2.7 million, reside inprivate rental housing. It is reasonable to say that private rental housing plays an important role in Tokyo where thepopulation is highly mobile.
Given this situation, it stands to reason that numerous problems have arisen regarding private rental housing andvarious inquiries have been sent to the Tokyo Metropolitan Government (TMG). TMG formulated the Ordinance for
the Prevention of Residential Rental Disputes in Tokyo in 2004 to prevent such problems. However, as shown in thegraph below, a number of inquiries have been received even since then, regarding contracts, management, or thesettlement of security deposits at the time of moving out.

Inquiries about lease contracts in FY 2016

Claim for fees
2%

Inquiries before
contract
4%

Others14%

Canceling application
4%
Contract
18%

Contract renewal
8%

16,926 in total

Management including
repairs
12%

Deposit settlement
upon moving out
38%
Source: Inquiries made to the Office for Housing Policy, TMG, by phone or at an office

2. Ordinance for the Prevention of Residential Rental Disputes in Tokyo
Promulgated on March 31, enforced on October 1, 2004
Amended ordinance promulgated and enforced on October 13, 2017

(1) Purpose of the ordinance

The Ordinance for the Prevention of Residential Rental Disputes in Tokyo was established to prevent trouble
with housing leases by defining matters which should be clarified before the lease is finalized.

–1–



The Ordinance obliges real estate brokers *1 to provide a document to a prospective tenant and explain to
him/her the legal principles and concepts based on legal precedents concerning the responsibility for thecost of the restoration of property to its original condition when it is vacated and maintenance and repairs
during the tenancy. This requirement is based on the facts that: As a specialist having knowledge of and experience with real estate transactions, a real estate broker
mediates the procedures concerning rental of properties between landlords and tenants and is best suited
to the above process.

 The Real Estate Brokerage Act does not require real estate brokers to explain legal principles and concepts
based on legal precedents regarding housing leases as important matters *2.

 To prevent trouble, the tenant must know the legal principles and concepts based on legal precedents
regarding housing leases as well as the contents of an actual contract, and fully understand the difference
between them if any before concluding the contract.

(2) Contents of the ordinance Explanations
The explanations given by real estate brokers include: Restoration of wear and tear when the tenant vacates the property (restoring rental properties to original
condition)

 Repairs required to use and derive income from the property (maintenance and repairs during tenancy)
 Responsibilities of the tenant prescribed in the lease contract (e.g. whether the contract includes a special
agreement, the content of the special agreement) Who to contact for repair, maintenance, and management of the facilities during tenancy*“Matters necessary for the Real Estate Broker to provide proper documents or explanation,” asoutlined in Article 2, item (iii) of the Regulations for Enforcement of the Ordinance (see page 3)*

Only the document should be provided and such explanation is not required if the prospective tenant
is a real estate broker. (Ordinance revised in 2017; promulgated and enforced on October 13, 2017)

 Contracts covered by the Ordinance Lease contracts for residential properties in Tokyo in which a real estate broker acts as a mediator,
intermediary, or agent (excluding contracts for business purposes such as offices and shops, or contracts
entered into directly between the landlord and tenant)*Real estate brokers outside Tokyo are also obliged to provide explanations when they deal in contracts
for properties in Tokyo.

 Lease contracts newly concluded on and after October 1, 2004 for which real estate brokers are obliged to
explain important matters as set forth in the Real Estate Brokerage Act (excluding renewal of existing
contracts) Guidance etc. for non-compliance
If a real estate broker does not fulfill the mandatory explanation etc., the Governor of Tokyo may issue
guidance and a letter of admonishment to the broker or make certain pieces of information public.

*1 Real estate brokers as stipulated in Article 2, item (iii) of the Real Estate Brokerage Act. Real estate brokers
obtain a license from the Minister of Land, Infrastructure, Transport and Tourism or Governor for realestate brokerage to represent or mediate the sale, purchase, exchange, and/or lease of residential land
and/or buildings.
*2 Article 35 of the Real Estate Brokerage Act requires real estate brokers to explain specific subjects asimportant matters. Before concluding a contract for the sale, purchase, exchange, or lease of residential
land and/or buildings, the broker issues a document indicating the ownership of residential land/building,the situation of drinking water and sewerage, matters concerning transaction conditions and thesettlement of a security deposit, etc. and a real estate notary explains the contents of the document.

–2–

 “Matters necessary for the Real Estate Broker to provide proper documents or explanation”*

As for matters set forth in Article 2 of the Regulations, only the document should be provided and such
explanation is not required if the prospective tenant is a real estate broker.
I.

Restoration of wear and tear when the tenant vacates the property (restoration obligations)
1. General principles for bearing responsibility for expenses(1) The landlord is liable for the restoration of wear and tear that results from aging of the property
or from normal use of the property, and the tenant is not liable for such costs.
(2) The tenant is liable for the restoration of any damage caused intentionally or carelessly, or by
the use of the property in a non-standard way, or for any other reason attributable to thetenant.
2. Exceptional special agreements
By mutual consent, the landlord and tenant may conclude a special agreement concerning therestoration of wear and tear when the tenant vacates the property that differs from the basic rules
noted in 1 above.
However, a special agreement is not always considered valid and may be ruled invalid depending
on its contents.

II. Repairs required to use and derive income from the property (maintenance and repairs during
tenancy)
1. General principles for bearing responsibility for expenses(1) The landlord is liable for repairs required to use and derive income from the property.
(2) The tenant is liable for repairs required for any damage during the tenancy caused intentionallyor carelessly, or by the use of the property in a non-standard way, or due to any other reason
attributable to the tenant.
2. Exceptional special agreements
Regardless of the basic rules noted in 1 above, the tenant and the landlord by mutual consent may
conclude a special agreement by which the landlord is absolved of obligation for minor
maintenance and repairs during the tenancy, and the tenant may perform such maintenance andrepairs at his/her own cost.
III. Responsibilities of the tenant prescribed in the lease contract (to be explained in some cases)
1. If the basic rules apply without a special agreement: The tenant is only liable for the costs basedon the basic rules mentioned in I-1-(2) and II-1-(2).
2. If there is a special agreement: The tenant is liable for requirements specific to the provisions inaddition to the costs mentioned in 1 above.
IV. Who to contact for repair, maintenance, and management of the facilities during tenancy
1. Repair, maintenance, management, etc. of facilities in common spaces(1) Name (or company name) (2) Address (or location of principal office)
2. Repair, maintenance, management, etc. of facilities in individual units(1) Name (or company name) (2) Address (or location of principal office)
To help real estate brokers give an explanation and provide the contents in writing, TMG created model
explanatory forms that include the “Matters necessary for the Real Estate Broker to provide proper documents
or explanation” (see pages 4 and 5).
The ordinance makes the giving of an explanation to a prospective tenant mandatory. For thoroughprevention of disputes, however, it might be preferable to give an explanation to the landlord as well toobtain his/her cooperation. Therefore, a note to that effect has been added to the model explanatory forms.
*

From the point of view of preventing trouble with rental housing, it would be desirable to give an
explanation following the model forms even if the Ordinance is not applicable.

–3–Model Explanatory Forms Based on the Ordinance for the Prevention of Residential Rental
Disputes in Tokyo

Reference

To: Taro Tokyo

Date: Month Day, Year

Explanation is hereby given on the following based on Article 2 of the Ordinance for the Prevention of Residential Rental
Disputes in Tokyo. Your full understanding of these very important contents is essential.
This Ordinance requires Real Estate Brokers to explain established concepts based on legal principles and precedents
concerning matters such as restoration of property to its original condition, to prospective tenants prior to concluding a rental
agreement.
Name of company

XXXX Real Estate Co., Ltd.

Name of company

Name of representative

Ichiro Shinjuku

Principal office

X-X-X Nishishinjuku, Shinjuku-ku

Principal officeBusiness license number

Governor of Tokyo (3), No. 12345

Business license number

License issue date

Date: Month Day, Year

License issue date

Transaction type

Representative / Intermediary

Transaction type

Explained by

Jiro Shibuya

Explained by(Seal)Name of representative(Seal)

Representative / Intermediary* Fill in details for every Real Estate Broker when multiple Real Estate Brokers are involved, and include the name of the person
providing the explanation.

Property details
Property address

Rm. XXX Sky Garden Shinjuku, 0-0-0 Nishishinjuku, Shinjuku-ku, Tokyo

Property name and/or room number

Rm. XXX Sky Garden Shinjuku

Name and address of landlord

Ichitaro Nakano

0-0-0 Chuo, Nakano-ku, Tokyo

A-1. Restoration of wear and tear when vacating the premises
1.

General principles for bearing responsibility for expenses(1) The landlord is responsible for restoration of wear and tear that results from natural aging of the property or fromnormal use of the property, and the tenant shall not be responsible for such costs.
Example: Marks left on walls by posters or pictures, discoloration of wallpaper due to sunlight or other natural
reasons, black marks on walls behind TVs, refrigerators, and other electric devices.
(2) The tenant is responsible for restoration of any damages caused intentionally or negligently, or by use that goesbeyond normal usage of the property, or for any other reason attributable to the tenant.
Example: Damage to pillars, etc. from pets, damage caused by moving in/out of the premises, rotting of walls or
floors as a result of not attending to water leaks from air conditioners, etc.

2.

Exceptional special agreement
Upon agreement by both parties, the landlord and tenant may conclude a special agreement concerning restorationof the premises that differs from the general principles noted in item 1 above.
This does not mean that all special conditions will be allowed. Some may become invalid depending on the contents.
Reference: According to legal precedents and other rulings, the following three conditions must be satisfied forvalidity of special agreements that impose a responsibility on tenants exceeding the normal duty of
restoring property to the original condition.  In addition to the necessity of the special agreement,
there are objective and rational grounds, such as no excessive pursuit of profit.  The tenant is fully
aware that by concluding the special agreement, he/she will be responsible for repairs beyond thoseusually required to restore the property to its original condition.  The tenant has expressed his/her
intent to take on the responsibilities described in the special agreement.

A-2. Responsibilities of the tenant under this agreement
Under this agreement, tenant’s responsibilities conform to the basic rules. The tenant does not have to pay for the
restoration of damage that results from aging of the property or from normal use of the property, but has to pay for the
restoration of any damage caused intentionally or carelessly, or by the use of the property in a non-standard way, or
due to any other reason attributable to the tenant.
* If there is no special agreement, clearly state that the tenant is only responsible for costs covered in the generalprinciples of A-1, 1 (2) above. If there is a special agreement, clearly state what specific costs the tenant will be
responsible for in addition to those above.

–4–B-1. Repairs required to use and derive income from the dwelling
1.

General principles concerning costs:(1) Repairs required to use and derive income from the dwelling shall be the responsibility of the landlord.
Examples: Malfunction of air conditioners (landlord-owned), water heating systems due to aging, rain leaks, or
problems with building fittings(2) The tenant is responsible for repairs required for any damages during the tenancy caused intentionally or
negligently, or by use that goes beyond normal usage of the property, or any other reason attributable to the tenant.
Example: Glass broken by children playing, damage caused by heating an empty bath2.

Exceptions by special agreement
Regardless of the general principles noted in 1 above, the tenant and the landlord by mutual agreement may
conclude a special agreement by which the landlord is absolved of responsibility for small repairs required during thetenancy, and the tenant may perform such repairs at his/her own cost.
Reference: Small repairs during tenancy can include replacing light bulbs and florescent lights, water taps and sinkplugs (packing)B-2. Responsibilities of the tenant under this agreement
This agreement allows the tenant to repaper shoji screens and sliding doors, replace light bulbs, florescent lights, fuses,
water taps (packing) and sink plugs (packing), and perform inexpensive repairs at his/her own cost without the consent
of the landlord.
Except for the special agreement, the tenant’s responsibilities conform to the basic rules. The landlord is liable forrepairs required to use and derive income from the property. The tenant is liable for repairs required for any damage
during the tenancy caused intentionally or carelessly, or by the use of the property in a non-standard way, or due to any
other reason attributable to the tenant.
* In cases where there is no special agreement, clearly state that the tenant is only responsible for costs covered in thegeneral principles of B-1, 1 (2) above. If there is a special agreement, clearly state what specific costs the tenant will be
responsible for in addition to those above.

C.

Contacts for the repair, maintenance and management of facilities during the tenancy periodName(or company name)

Address(or location of principal
office)Telephone No.

1. Repair, maintenance and management, etc. of facilities of common spaces
Facilities repair, maintenance,
management, etc.

Landlord: Ichitaro Nakano 0-0-0 Chuo, Nakano-ku

03-0000-0000

2. Repair, maintenance and management, etc. of facilities of individual units
Repair of interior and fixtures,etc.

Landlord: Ichitaro Nakano 0-0-0 Chuo, Nakano-ku

03-0000-0000

Repair of other facilities, etc.

XX Property Management 0-0-0 Nakano,
Inc.
Nakano-ku

03-1000-0001* In principle, the contact is the landlord or business designated by the landlord. List separately when contacts differ
according to the situation.

I have confirmed that the above explanation will be provided.
Date: Month Day, Year
Landlord
Address: 0-0-0 Chuo, Nakano-ku, Tokyo
Name:

Ichitaro Nakano(Seal)

I have received the above explanation and this document.
Date: Month Day, Year
Prospective tenant Address: 0-0-0 Izumicho, Nishitokyo, Tokyo
Name:

Taro Tokyo(Seal)* For thorough prevention of disputes, it would be better if an explanation could be provided to not only the tenant
but the landlord as well, and to receive his/her confirmation of the contents to be explained. In this case, be sure toobtain the landlord’s name, address, date of confirmation, and seal on the explanation document.

*

Blue text is an example.

–5–

Guidelines for Preventing Tenant-Landlord Disputes
1. Restoration upon moving out
Important!
Property has to be restored to its original condition when it is vacated The restoration obligations for a tenant
is restoring any wear and tear, scratches, etc. caused by the tenant intentionally or carelessly, or by the use of
the property in a non-standard way, or due to any other reason attributable to the tenant. As a rule, the tenant
is liable for the cost of the restoration.
In principle, a landlord restores wear and tear, scratches, etc. that result from aging or normal use. The
landlord is liable for the cost of the restoration.
The landlord and tenant may, by mutual consent, conclude a special agreement that differ from the basic rules
above. However, a special agreement is not always considered valid and may be ruled invalid if it imposes
greater responsibility on the tenant than the normal restoration obligations.
Therefore, when a contract is concluded, it is important for the landlord and broker to give the tenant anadequate explanation in advance regarding the restoration obligations so that the landlord and tenant both fully
understand their responsibilities.

(1) Decrease in the value of buildings
When considering the restoration of property to its original condition at the time of moving out, it is important tounderstand how much and why building value decreases between a tenant’s moving in and out of a building orapartment.
The Guidelines have divided a decrease in the building value into the following three sections to make it easier tounderstand (see Figure 1 on page 7).
1. Aging: Natural deterioration, wear and tear, etc. of buildings and facilities
2. Normal wear and tear: Wear and tear etc. caused by a tenant’s normal use
3. Wear and tear etc. due to reasons other than 1 and 2:
Wear and tear etc. caused by a tenant intentionally or carelessly, violation of due care of a prudent
manager, or use in a non-standard way
As for 1 and 2 above in principle, repair costs are deemed to be included in the rent and the tenant has norestoration obligations. As a rule, the landlord is liable for renovation, such as replacement or makeover offacilities, carried out to secure a new tenant and upgrading performed after moving out at the convenience of thelandlord.
*

Upgrading refers to repairs that increase the value of a building, such as replacing old facilities with thelatest models at the time of moving out.

On the other hand, the tenant has the restoration obligations in the case of 3 above in principle.

–6–

Landlord’s responsibilities

Tenant’s responsibilities☆ Aging☆ Normal wear and tear
Examples include:Marks left on the wall by a poster or picture

Dents of furniture on carpet

Color fading on tatami mats and wallpaper
due to sunlight etc.

☆ Dirt or scratches due to reasons attributable tothe tenant☆ Dirt or scratches that occurred or worsened
due to the tenant’s negligence in failing toaddress any trouble or defect
Examples include:

100%



Tatami mats charred by cigarettes

Scratches caused when moving in/out of thepropertyMold or stains that worsened due to thetenant’s negligence in failing to addresscondensation

UpgradingLandlord’s responsibilities

Aging
Normal wear and tear

Included in rent

Tenant’s responsibilities
Violation of due care of aprudent manager
Intention/carelessness
Time

OthersNew
construction

Moving inMoving out

Figure 1: Considerations in legal precedents etc. on the value of rental housing (properties)
Reference: Trouble Regarding Restoration to Original Condition and Related Guidelines (2nd Ed.) (in Japanese), Ministry ofLand, Infrastructure, Transport and Tourism(2) What are restoration obligations?
A building lease contract usually stipulates that the tenant must restore the property to its original condition andvacate it at the end of the contract. “Restore” in this case does not mean that the rented property must be
restored to exactly the same condition as when the contract was concluded.
The term “restoration” in a building lease contract means restoring, at the time of moving out, any wear and tear,scratches, etc. caused by the tenant intentionally or carelessly, violation of due care of a prudent manager, use ina non-standard way, or due to any other reason attributable to the tenant, which are part of a decrease in thebuilding value caused by the tenant’s residence or use.
Therefore, the costs to be borne are limited to those for the minimum unit of construction required for repairingdamaged sections.
As a matter of course, the tenant should not be liable for wear and tear caused by force majeure, such as anearthquake, or a third party unrelated to him/her, such as upstairs residents.
Let’s say you rent a car for several months.
The tires will wear down as you drive over the course of several months. However, you will not be charged arestoration fee in addition to the rental fee when you return the car.
On the other hand, if you inadvertently crash the car, you will be charged a restoration fee in addition to therental fee.

–7–

*

On pages 14 to 19, sharing of responsibilities between the landlord and tenant is illustrated and listed
according to the level of wear and tear of a property.

(3) What is due care of a prudent manager?
As one of the ways to consider a tenant’s responsibilities, including his/her intention or carelessness and the use
in a non-standard way, there is Article 400 of the Civil Code.
In brief, Article 400 of the Civil Code provides that the tenant must use and manage the property with due carefrom the time when a contract is concluded until when the property is vacated to the landlord at the end of thecontract. This is called “due care of a prudent manager.”If the property is broken or soiled in violation of this obligation, the tenant will be required to restore it to its
original condition.
If the tenant does not attend to normal wear and tear etc. and causes it to worsen due to a lack of proper andregular maintenance, he/she will be considered to have violated the due care of a prudent manager and be madeliable for the cost of the restoration.

(4) Number of years elapsed
Even if wear and tear is caused by the tenant’s intention or carelessness or violation of the due care of a prudent
manager and is supposed to be restored at the expense of the tenant, he/she does not have to pay the entire
amount.
For example, if part of the wallpaper is damaged due to the tenant’s carelessness, he/she will liable for the cost of
replacing the damaged wallpaper. However, since the damaged area suffers from aging and normal wear andtear in any case and the landlord is liable for the expenses for the area, the tenant should pay the amountresulting from subtracting the expenses from repair costs.
(%)

Share of tenant’s responsibilities
with restoration obligations

100
90
80
70
60
50
40

15 years: Water supply
and drainage facilities
etc. (toilet bowl,
washstand, etc.)

5 years: Sink

30

8 years: Non-metal
furniture (bookshelf,
drawers, etc.)

6 years: Carpet, tatami
floor, A/C, etc.

20
10

0

1

2

Numberof years
elapsed

3

4

5

6

7

8

9

10

11

12

13

14

15

Figure 2: Number of years elapsed of facilities etc. and share of tenant’s responsibilities with useful lives of 5, 6, 8, 15 years(straight-line method)
Reference: Example of useful lives of facilities, fixtures, etc.
5-year useful life: Sink
6-year useful life: Tatami floor, carpet, cushion flooring, wall (wallpaper), HVAC equipment (air conditioner, room cooler,
stove, etc.), electric refrigerator, gas equipment (gas stove), intercom
8-year useful life: Non-metal furniture (bookshelf, drawers, cabinet, cupboard)
15-year useful life: Water supply and drainage facilities, sanitary facilities (toilet bowl, washstand, etc.), metal instrument andfixings* As for a unit bath, bathtub, shoe cupboard, etc. fixed to a building and being an integral part of it, the useful life of
the building is applied.
Reference: Trouble Regarding Restoration to Original Condition and Related Guidelines (2nd Ed.) (in Japanese),
Ministry of Land, Infrastructure, Transport and Tourism
The types of facilities and fixtures are shown as examples.

–8–Repair costs fixed regardless of the length of the tenancy are not fair as the longer the tenancy is, the greater the
aging and normal wear and tear naturally become.
With reference to the idea of depreciable assets in the Corporation Tax Act etc., the Trouble Regarding
Restoration to Original Condition and Related Guidelines (2nd Ed.) (in Japanese), compiled by the Ministry ofLand, Infrastructure, Transport and Tourism in August 2011, says that as buildings or facilities consume theiruseful lives, the number of years elapsed is taken into account, the share of tenant’s responsibilities decreases,
and a residual value eventually becomes 1 yen in theory. As a matter of course, the tenant has the due care of aprudent manager and should always handle facilities etc. carefully. If the tenant intentionally or carelessly breaks
the facilities etc., he/she may be required to be liable for construction costs etc. to restore their originalfunctionality even though the residual value has decreased to 1 yen.

(5) Share of tenant’s responsibilities
The graph shown in Figure 2 for the number of years elapsed of main facilities with their useful lives applies to
new housing. In other cases, parties to a contract are required to negotiate the share of tenant’s responsibilities
at the time of moving in and shift the graph downward before using it.
(%)
100

Share of tenant’s responsibilities
with restoration obligations

90
80
70
60
50
40
30
20
10
0

1

2

3

4

5

6

7

8

9

Numberof years
10 elapsed

Figure 3: Condition at the time of moving in and share of tenant’s responsibilities with a useful life of 6 years(straight-line method)* Shift the graph to the left according to the condition of facilities etc. at the time of moving in. The starting point will belocated at 0 years (number of years elapsed), 100% (share) immediately after new construction or replacement.
Reference: Trouble Regarding Restoration to Original Condition and Related Guidelines (2nd Ed.) (in Japanese), Ministry ofLand, Infrastructure, Transport and Tourism

However, partial repairs of floors or pillars that are considered the same as the building itself, or fixtures, such as
shoji screens and sliding doors, may look patchy and do not help increase overall value. In this case, it may berational to ignore the number of years elapsed.
Paper of shoji screens and sliding doors and tatami mat surfaces are characterized as consumables for the mostpart. Therefore, it may be reasonable that the tenant who has caused damage is liable for replacement costs
without considering the number of years elapsed.
Then, to what extent should the tenant be responsible?
Since the restoration obligations mean restoring damaged sections, such as wear and tear due to reasons
attributable to the tenant, to their original condition, the costs to be borne are limited to those for the minimum
unit of construction required for repairing the damaged sections.
For example, the tenant will be liable for damage to wallpaper in m2 in principle. However, if replacing thedamaged area changes its color and causes it to look different from an existing faded area, it is possible to saythat the tenant fails to adequately fulfill the restoration obligations. In such a case, the tenant may be maderesponsible for replacing a whole piece of wallpaper. However, the tenant’s financial burden is usually limited to–9–the amount except aging and normal wear and tear, taking into account the number of years elapsed.
If the landlord repapers the entire room for color matching, he/she will be liable for the cost of replacing theremaining intact area.

Share of responsibilities (in the case of a piece of wallpaper)
Repairing all for color matching purpose

Wallpaper damagedby tenantTenant’s
responsibilities (partof a whole piece)

Color differs fromthat of existing area

Repairingdamaged area

Landlord’s
responsibilities(repairing for color
matching purpose)

Limited to the amount except aging and normal wear and tear

Reference: Useful lives (UL) of typical depreciable assets (related to income from real estate) shown in the Ministerial
Ordinance Concerning the Useful Life, Etc. of Depreciable Assets (ordinance of the former Finance Ministry ofMarch 31, 1965) * Depreciable assets are limited to buildings.
Structure

Use

OfficeWooden/synthetic resin Store/dwelling
structure
Restaurant
Woodenframe mortar
structure

Steelreinforced/
steel-frame
reinforced
concrete
structure

UL (yrs.)24
22
20

Structure
Brick/stone/block
structureUse

UL (yrs.)

Office41

Store/dwelling38

Restaurant

38

Office22

OfficeStore/dwelling

20

Thickness of scaffold material isover 4 mm

38

Restaurant

19

Thickness of scaffold material isover 3 mm up to 4 mm

30

Office50

Thickness of scaffold material is up
to 3 mm22

Dwelling

47

Store/dwelling

Restaurant
Metalstructure

Wooden interior area in
total floor area is over 30%

34

Others

41

Store

39

Thickness of scaffold material isover 4 mm

34

Thickness of scaffold material isover 3 mm up to 4 mm

27

Thickness of scaffold material is up
to 3 mm19

Restaurant
Thickness of scaffold material isover 4 mm

31

Thickness of scaffold material isover 3 mm up to 4 mm

25

Thickness of scaffold material is up
to 3 mm

19

Reference: Trouble Regarding Restoration to Original Condition and Related Guidelines (2nd Ed.) (in Japanese), Ministry ofLand, Infrastructure, Transport and Tourism– 10 –

Unit of tenant’s responsibilities (general concept)◎ The unit is associated with a damaged section alone in principle and usually takes the form of the smallest
item or surface that can be repaired.
Responsibilities

Unit of tenant’s responsibilities
Per mat in principle
Tatami

Repair of damaged section

Floor

Carpet, cushion
flooring

If multiple mats are damaged, thenumber of damaged mats is applied. Turnthem over or replace their facings
depending on extent of damage.
Damaged spot with no specific unit
If multiple spots are damaged, the entire
property shall be covered.

Consideration of No. of years elapsed
Tatami mat surface:
The number of years elapsed is notconsidered as the surface is similar to
consumables.
Tatami floor, carpet, cushion flooring:
Share of responsibilities is calculated byconsidering the number of years elapsed.
Wooden floor:

Per m in principle
2

Wooden floor

If multiple spots are damaged, the entire
property shall be covered.

Repair of damaged
sectionWall/ceiling (wallpaper)

Per m2 in principle
Wall (wallpaper)

Cigarette
stainsThe number of years elapsed is notconsidered for partial repairs. Whenreplacing the entirety, share of
responsibilities is calculated byconsidering the number of years elapsed
relative to the useful life of the building(see page 10).
Wall/wallpaper:

When wallpaper needs replacement, it
may be unavoidable for the tenant to pay
for up to a whole piece of wallpaper that
includes damaged spots.
Cleaning or replacement is required forstains or odors due to smoking (partial
repairs are difficult)

Share of responsibilities is calculated byconsidering the number of years elapsed.
It is appropriate for the tenant to be
responsible for color fading or persistentodors on wallpaper etc. throughout theproperty caused by stains from smoking
etc. which are considered to go beyond
wear and tear based on normal use.
Paper of sliding door/shoji screen:

Fixtures/pillar

Repair of damaged section

Sliding door

Per door

The number of years elapsed is notconsidered as paper is consumables.
Framework of sliding door/shoji screen,pillar:PillarIn principle, the number of years elapsed
is not considered. Otherwise, share of
responsibilities is calculated byconsidering the number of years elapsed
relative to the useful life of the building(see page 10).

Per pillar

Furnished appliances:

Repair of
facilities
Return ofkey

Facilities/others

Repaired section, cost of replacement

Lock and key:

Repaired section
Lock and key

Share of responsibilities is calculated byconsidering the number of years elapsed.
(Same rule applies to replacement withnew item.)Repair includes cylinder replacement if
key is lost.

The number of years elapsed is notconsidered if key is lost. Tenant is liablefor cost of replacement.
Cleaning:

Regularcleaning **Furnishedappliances

Cleaning(When regularcleaning isneglected)

Cleaning of each section or entire
property

The number of years elapsed is notconsidered. Tenant is liable for cost ofcleaning each section or the entire
residence for which he/she failed to carryout regular cleaning.

Regular cleaning includes removal of garbage, sweeping and wiping, cleaning of wet area, removal of grease and soot fromthe range hood, exhaust fans, and the space where a kitchen stove is placed, etc.

Reference: Trouble Regarding Restoration to Original Condition and Related Guidelines (2nd Ed.) (in Japanese), Ministry ofLand, Infrastructure, Transport and Tourism– 11 –

(6) Special agreement (see page 24)
 What is a special agreement?
A special agreement means a special accord or promise between parties involved, a promise with special
conditions, etc. In a lease contract, greater responsibility than the normal restoration obligations describedabove may be defined as a special agreement in the contract and imposed on a tenant.

 Requirements for validity
A special agreement concluded by parties involved on a voluntary basis is made legally effective in principle.
This is because the Civil Code is based on the principle of the freedom of contract and enables the parties
involved to freely determine the contents of a contract as a rule.
However, a special agreement is not always considered valid. When brought to court, the special agreement
may be ruled invalid. Previous legal cases and other data show that the three elements listed below arerequired to make the special agreement valid.
Requirements for validity of a special agreement that imposes a special responsibility on tenants

 There is necessity for the special agreement, and there are objective and reasonable grounds for it,
such as that the obligations are not excessive.

 The tenant acknowledges that because of the special agreement, he/she is obliged to make repairs,
etc. that exceed ordinary obligations for restoration.

 The tenant has expressed the intention to undertake the obligations set forth by the special
agreement.

To prevent trouble, the Ordinance for the Prevention of Residential Rental Disputes in Tokyo of the Tokyo
Metropolitan Government (TMG) requires that a tenant should recognize the contents of a contract inadvance and real estate brokers should specifically explain the presence of a special agreement in thecontract if any and the tenant’s responsibilities based on the special agreement. For more information, seepages 1 to 5.

– 12 –

Reference

Examples of Cases Brought to the TMG’s Consultation Services

Case 1
Restoration

Q. My lease contract says “The tenant must restore the property to the original condition whenvacating the property.” My landlord says that “restoring property to the original condition”
means restoring the property to exactly how it was when I moved in. Is that true? Do I have tobear the cost as my landlord claims?

A. “Restoring property to the original condition” does not mean restoring the property to exactly how it was when
the tenant moved in; it means restoration of scratches and other damage caused by the tenant, such as damage
caused intentionally or carelessly and damage caused due to the tenant’s using the property in a non-standardway.
In this case, you are not obliged to abide by your landlord’s claim; you don’t have to restore the property to theexact state as when you moved in.

Case 2Upgrading

Q. I lived in a property that seems to be quite old for four years. When I moved out of theproperty, I was charged 700,000 yen as the cost of replacing the bathroom as its floor wasdamaged. I can’t understand why...

A. The tenant does not have to pay the cost if the floor is damaged due to aging and he/she is not responsible forthat. Replacement of facilities to secure a new tenant and such repairs as replacing old facilities with the latest
models are considered as renovation or upgrading.

Case 3
Share of responsibilities

Q. I moved out of the apartment I had rented for two years. I was told that one tatami mat wascharred during room inspection. Of course, that is my fault and I understand I have to pay for
one tatami mat but they said they would replace all tatami mats in the room becausechanging one mat would cause uneven colors. Am I liable for all of the cost?

A. The tenant’s responsibilities are limited to the minimum unit of construction required for repairing wear and tearor scratches caused by the tenant intentionally or carelessly, or by the use of the property in a non-standard way,or due to any other reason attributable to the tenant. After all, the tenant’s actual financial burden is theminimum unit minus aging and normal wear and tear borne by the landlord.
However, since paper of shoji screens and sliding doors and tatami mats are characterized as consumables forthe most part, it may be reasonable to ignore their number of years elapsed.
In this case, it may be rational to limit the tenant’s responsibilities to the one tatami mat charred by his/hercarelessness.

Case 4
Special agreement

Q. I am going to vacate the apartment where I have lived for two years. I checked my lease
contract and found that its special agreement clause says “The tenant is obliged to restore
the property to the original condition regardless of cause.” Is this special agreement valid?

A. When a special agreement imposes greater responsibility on the tenant than the normal restoration obligations,certain elements are required for the agreement to be recognized as valid. Even if your contract includes a special
agreement, that agreement may be ruled invalid.

– 13 –

Reference*

Illustrated explanation of the responsibilities of the landlord and tenant (1/2) (typical examples)

The following shows the responsibilities of the landlord and tenant described on pages 6 to 11. The responsibilities
listed here are typical examples and may vary depending on the degree of damage to the property and otherfactors.
 Lock and key
 Changing locks (when the tenant did not damage the lock or key, orlose the key): Landlord
 Changing locks (when the tenant damaged/mishandled the lock or
key, or lost the key): Tenant Appointments and equipment
 Damage to an appointment caused
due to the tenant’s lack of proper or
regular maintenance or use in a
non-standard way (tenant does not
exercise “due care”*): Tenant Appointments and equipment
 Replacement of bathtubs and water
heaters(to secure a new tenant, although thescreen is not damaged or dirty):
Landlord

In Japan,you arenotusually
allowedto enterwith yourshoes on.

 Bathroom, etc.
 Scale, rust, and other contaminants inthe bathroom, toilet, or on thewashstand (when such contaminants
occurred because the tenant failed to
sufficiently clean and maintain the areas
during the tenancy) (tenant does not
exercise “due care”*): Tenant Entire property
 Professional cleaning in preparation for
the next tenant (when the tenant
performed proper and regular cleaning
during tenancy): Landlord Bathroom, etc.
 Disinfecting the toilet: Landlord

 Yard Weeding a yard of a single-family rental
housing: Tenant Ceiling Marks left by a lighting fixture that was directly fixed to the ceiling(non-standard use): Tenant– 14 –

Basic rules on who is responsible
Landlord: “Normal wear and tear” and “Aging”
Tenant:“Scratches and other damage caused by the tenant (e.g. damage caused intentionally or carelessly, damage caused
due to the tenant’s using the property in a non-standard way)” and “Scratches and other damage that occurred orworsened due to the tenant’s negligence in failing to address any trouble or defect or the tenant’s lack of properand regular maintenance”

 Walls (wallpaper) Blackening of the wall behind therefrigerator (owing to heat generated by theappliance) Bathroom, etc.
 Disinfecting the kitchen:
Landlord(normal wear and tear): Landlord

 Walls (wallpaper) Grease and grime in the kitchen(residue of soot, grease or other dirt
resulting from the lack of propercare and cleaning after use)
(non-standard use): Tenant Bathroom, etc.
 Grease and soot on the range hood,
exhaust fans, or in the space where akitchen stove is placed(that were caused by the tenant’s
lack of proper or regular
maintenance)(tenant does not exercise “duecare”*): Tenant Floors
 Rust stains on the floor beneath a refrigerator(that occurred because rust was left unattended)(tenant does not exercise “due care”*): Tenant Fixtures
 Crack in wire glass(that naturally occurred due to thenature of wire glass): Landlord

 Walls (wallpaper) Rotting of the wall that occurredbecause a water leak from atenant-owned air conditioner wasleft unattended(tenant does not exercise “duecare”*): Tenant Walls (wallpaper)
 Screw holes made to install atenant-owned air conditioner andmarks left by the air conditioner(normal wear and tear): Landlord

 Floors (wooden floors) Waxing the floor: Landlord

 Floors (wooden floors) Color fading (that occurred because rain
blew into the room, or for other reasons, due
to the tenant’s carelessness)(tenant does not exercise “due care”*):
Tenant– 15 –

Reference*

Illustrated explanation of the responsibilities of the landlord and tenant (2/2) (typical examples)

The following shows the responsibilities of the landlord and tenant described on pages 6 to 11. The responsibilities
listed here are typical examples and may vary depending on the degree of damage to the property and otherfactors.

 Walls (wallpaper) Color fading(as a result of exposure to sunlight orother natural elements)(normal wear and tear): Landlord

 Fixtures(1) Scratches and other damage on apartment interior surfaces by a pet(tenant does not exercise “due care”*): Tenant(2) (1) caused when keeping pets is prohibited: Tenant (use in a
non-standard way)

 Walls (wallpaper) Cigarette stains(1) Color fading or persistent odors
caused by stains from smoking etc.
which are considered to go beyond
soiling based on normal use:
Tenant(2) When smoking is prohibited:
Tenant (use in a non-standardway) Walls (wallpaper) Holes left by pins and tacks(holes that do not require replacementof wall paneling)(normal wear and tear): Landlord

 Walls (wallpaper) Holes left by nails and screws(holes that require replacement of wall
paneling)(non-standard use): Tenant Damage due to furniture fall
prevention measures with the priorconsent of the landlord: Landlord

 Walls (wallpaper) Mold and stains that spread because
condensation was left unattended(non-standard use): Tenant Floors, walls, ceilings, fixtures
 Intentional damage such as graffiti: Tenant Floors (tatami mat floors) Turning over or replacing the facings of tatami mats (to secure a new
tenant, although the mats are not damaged or dirty): Landlord– 16 –

Basic rules on who is responsible
Landlord: “Normal wear and tear” and “Aging”
Tenant:“Scratches and other damage caused by the tenant (e.g. damage caused intentionally or carelessly, damage caused
due to the tenant’s using the property in a non-standard way)” and “Scratches and other damage that occurred orworsened due to the tenant’s negligence in failing to address any trouble or defect or the tenant’s lack of properand regular maintenance”

 Floors

 Floors
 Scratches and other damage caused
when moving in/out or on otheroccasions(tenant’s carelessness or lack of “duecare”*): Tenant Walls (wallpaper) Color fading due toexposure to sunlight, etc.

 Marks left on the wall by aposter or picture(normal wear and tear):
Landlord(normal wear and tear):
Landlord

 Fixtures
 Glass window broken byan earthquake(natural disaster): Landlord

 Fixtures
 Replacing a window screen(to secure a new tenant,although the screen is notdamaged or dirty):
Landlord

 Appointments andequipment Furnished appliances
being damaged, broken,
or unusable Floors (carpet) Stains or mold resulting from spilled drinks, etc.
(due to insufficient care and cleaning or othercircumstances)(appliance or appointment
having reached the end ofits usable life) (natural
wear and tear due toaging): Landlord(tenant does not exercise “due care”*): Tenant Walls (wallpaper) Rotting of the wall that
occurred because a waterleak from alandlord-owned air
conditioner was left
unattended by the tenant(non-standard use): Tenant Floors (carpet) Dents and marks on the floor or carpet left byfurniture Walls (wallpaper) Blackening of the wall behind the TV(owing to heat generated by the TV)(normal wear and tear): Landlord(normal wear and tear): Landlord– 17 –

Reference*

List of the responsibilities of the landlord and tenant (typical examples)

The following shows the responsibilities of the landlord and tenant described on pages 6 to 11. The responsibilities
listed here are typical examples and may vary depending on the degree of damage to the property and otherfactors.
Section

Item

Description

Responsibility

ReasonLandlord

Tatami

Turning over or replacing the facings oftatami mats (to secure a new tenant,although the mats are not damaged or
dirty)

It may be reasonable that the landlord is responsible for thisissue as it is related to the maintenance and management of
the property upon the change of occupants.

Color fading (as a result of exposure to
sunlight or rain leaks due to defects inbuilding structure)

Landlord

Sunlight is unavoidable in normal life and the tenant would
not be liable for structural defects. (Except for the case where
the tenant neglects the duty of notification)

Waxing the floor

Landlord

It may be reasonable that the landlord is responsible forwaxing since it is not always required in normal life and ismore related to the maintenance and management of theproperty.

Color fading (as a result of exposure to
sunlight or rain leaks due to defects inbuilding structure)

Landlord

Sunlight is unavoidable in normal life and the tenant would
not be liable for structural defects. (Except for the case where
the tenant neglects the duty of notification)

Color fading (that occurred because rain
blew into the room, or for other reasons,due to the tenant’s carelessness)

TenantMany cases would be attributable to the tenant’s violation ofdue care of a prudent manager.

Scratches or dents made by a chair orother equipment on casters

Tenant

The tenant needs to pay full attention to the use of rolling
casters as they can be expected to cause scratches etc. If
scratches occur, many of them would be attributable to thetenant’s violation of due care of a prudent manager.

Dents and marks left by furniture

Landlord

In view of the fact that a large number of furniture is owned
in Japan and installation of furniture is inevitable, it may bereasonable to consider that dents and marks as a result of
the installation alone are wear and tear due to normal use.

Stains or mold resulting from spilleddrinks, etc.

TenantSpilling drinks etc. will fall in the range of normal life, but it
may be reasonable that the tenant pays for the removal ofstains or mold caused by insufficient maintenance after the
spillage.

Rust stains beneath a refrigerator (Thesame applies to tatami and wooden
floors)TenantIf rust generated on the refrigerator and adhering to the floor
can be wiped off, it will fall in the range of normal life.
However, if the rust is left as it is to cause damage to thefloor, including soiling, much of it would be attributable tothe tenant’s violation of due care of a prudent manager.

Scratches caused when moving in/out(The same applies to tatami and wooden
floors)TenantMany cases would be attributable to the tenant’s
carelessness or violation of due care of a prudent manager.

Landlord

Since televisions and refrigerators are usually indispensable
to lead a normal life, it may be reasonable to consider thatthe blackening as a result of using them is wear and tear due
to normal use.

Screw holes made to install atenant-owned air conditioner and marks
left by the air conditioner

Landlord

As air conditioners have become indispensable to lead anormal life in the same manner as televisions etc., screw
holes etc. due to their installation will be normal wear andtear.

Color fading (as a result of exposure to
sunlight or other natural elements)

Landlord

As with color fading on tatami mats etc., sunlight would be
unavoidable in normal life.

Marks left by posters or pictures

Landlord

Color fading on wallpaper caused by putting posters etc. on
the wall is mainly due to sunlight or other natural elements
and will fall in the range of wear and tear during normal life.

Holes left by pins and tacks (holes that do
not require replacement of wall paneling)

Landlord

Putting up posters, calendars, etc. falls in the range of normallife and holes due to pins and tacks used for that purpose will
be normal wear and tear.

Holes left by nails and screws to holdheavy things (holes that require
replacement of wall paneling)

TenantSince nail and screw holes to put up heavy things etc. aredeeper and wider than those for tacks etc., many of themwould be judged to go beyond wear and tear based on
normal use.

Landlord

If smoking does not represent use in a non-standard way or
the violation of due care of a prudent manager, dirt on thewallpaper not deemed color fading or having persistentodors caused by cigarette stains will fall in the range of
normal wear and tear.

TenantColor fading or persistent odors on wallpaper etc.
throughout the property caused by cigarette stains are
judged to go beyond soiling based on normal use. Such flaws
are considered to have occurred or worsened by the tenant’s
insufficient maintenance after the fact.

Wooden
floor

Floor

Carpet,othersBlackening of the wall behind TV,
refrigerator, etc. (owing to heat generated
by the appliance)Wall/ceilingWall/wallpaper

Cigarette stains– 18 –

Section

Item

Description

Responsibility

ReasonTenantIf the owner (the tenant in this case) of the air conditioner
fails to maintain it even though he/she should, and the walletc. has rotted as a result, he/she will usually be judged tohave violated the due care of a prudent manager.

TenantIf the tenant leaves water leaks unattended or does not
maintain the air conditioner afterwards, the rotting willusually be judged to have gone beyond wear and tear basedon normal use, even though the owner (the landlord in thiscase) of the air conditioner should maintain it.

Mold and stains that spread because
condensation was left unattended

TenantIf the tenant does not notify the landlord of the occurrence ofcondensation, fails to wipe it off, and the wall etc. has
become rotted, the mold or stains will usually be judged tohave gone beyond wear and tear based on normal use eventhough condensation is often a structural problem of abuilding.

Grease and grime in the kitchen

TenantResidue of soot, grease or other dirt resulting from the lackof proper care and cleaning after use will usually be judged
to have gone beyond wear and tear based on normal use.

Marks left by a lighting fixture that was
directly fixed to the ceiling

TenantIf an existing outlet for lighting fixtures is not used, the marks
will usually be judged to have gone beyond wear and tear
based on normal use.

Glass window broken by an earthquake

Landlord

It is damage caused by a natural disaster for which the tenant
will not be responsible.

Crack in wire glass (that naturally
occurred due to the nature of wire glass)Landlord

The tenant will not be responsible for a crack naturally
caused due to problems with the processing of glass.

Pillar, etc.

Scratches and other damage onapartment interior surfaces by a pet

Tenant

The tenant will usually be responsible for these issues,
including discipline of pets or cleanup of pets’ urine, as theviolation of the due care of a prudent manager since keeping
pets in multi-family housing in particular is still not common.

OthersReplacing a window screen (to secure a
new tenant, although the screen is notdamaged or dirty)

Landlord

It may be reasonable that the landlord is responsible for thisissue as it is related to the maintenance and management of
the property upon the change of occupants.

Furnished appliances being damaged,
broken, or unusable (appliance or
appointment having reached the end ofits usable life)

Landlord

It is natural wear and tear due to aging for which the tenant
will not be responsible.

Replacement of bathtubs and water
heaters (to secure a new tenant, although
the item is not damaged or broken)

Landlord

It may be reasonable that the landlord is responsible for thisissue as it is related to the maintenance and management of
the property.

Damage to an appointment caused dueto the tenant’s lack of proper or regular
maintenance or use in a non-standard
way

Tenant

The tenant will usually be judged to have violated the due
care of a prudent manager.

Changing locks (when the tenant did not
damage the lock or key, or lose the key)

Landlord

It may be reasonable that the landlord is responsible for thisissue as it is related to the management of the property upon
the change of occupants.

Changing locks (when the tenantdamaged/mishandled the lock or key, or
lost the key)

Tenant

The tenant will usually be judged to have violated the due
care of a prudent manager.

Disinfecting the kitchen and toilet

Landlord

It may be reasonable that the landlord pays for disinfection
as it is beyond the control of the tenant unlike daily cleaning.

Tenant

The tenant will usually be judged to have violated the due
care of a prudent manager if the soiling results from failure
to carry out cleaning or a lack of proper and regular
maintenance during tenancy.

Tenant

The tenant will usually be judged to have violated the due
care of a prudent manager if the soiling results from failure
to carry out cleaning or a lack of proper and regular
maintenance during tenancy.

Landlord

If the tenant carries out regular cleaning, including removalof garbage, sweeping and wiping, cleaning of wet area,
removal of grease and soot from the range hood, exhaust
fans, and the space where a kitchen stove is placed, etc., it
may be reasonable that the landlord pays for the professional
cleaning performed to secure a new tenant.

Rotting of the wall that occurred because
a water leak from a tenant-owned air
conditioner was left unattendedWall/ceilingWall/wallpaper

Ceiling

Glass

Fixtures/pillarFacilities

Lock andkey
Facilities/
othersBathroom,etc.

Rotting of the wall that occurred because
a water leak from a landlord-owned air
conditioner was left unattended by thetenantGrease and soot on the range hood,
exhaust fans, or in the space where akitchen stove is placed
Scale, rust, and other contaminants in thebathroom, toilet, or on the washstandEntireproperty

Professional cleaning in preparation for
the next tenant

Reference: Trouble Regarding Restoration to Original Condition and Related Guidelines (2nd Ed.) (in Japanese), Ministry of Land, Infrastructure, Transport
and Tourism; categories of wear and tear and damage by section shown in Attached List 1– 19 –

2. Maintenance and repairs during tenancy
Important!
The landlord is obliged to make necessary maintenance and repairs so that the tenant can use and occupy theproperty.
However, the tenant is liable for repairs required for any damage caused by the tenant intentionally or
carelessly, or by the use of the property in a non-standard way, or due to any other reason attributable to thetenant.
The landlord and tenant may conclude a special agreement by which the landlord is absolved of obligation forminor maintenance and repairs, and the tenant may perform such maintenance and repairs at his/her own cost.

(1) Landlord’s obligations and tenant’s responsibilities
 Landlord’s obligations for maintenance and repairs
The landlord is obliged to make necessary maintenance and repairs so that the tenant can use and occupy theproperty.
However, the landlord may be exceptionally absolved of obligation for maintenance and repairs if, forexample, cost of maintenance and repair is high in spite of extremely low rent.

What are required repairs?
Certain repairs are required to allow the normal use by the tenant.
Whether repair is required or not is judged on a case-by-case basis, by comprehensively consideringvarious factors, including the amount of the rent, the structure, age, and environment of the rental
property as well as checking against the levels of wear and tear etc.

 Tenant’s responsibilities
The tenant is liable for repairs of scratches, faulty fixtures, etc. caused by the tenant intentionally or carelessly,
or by the use of the property in a non-standard way, or due to any other reason attributable to the tenant.

(2) Special agreement for minor maintenance and repairs What is a special agreement for minor maintenance and repairs?
The landlord and tenant may, by mutual consent, conclude a special agreement that has the tenant pay forminor maintenance and repairs.
It would be convenient for the tenant to make minor repairs, such as replacement of light bulbs, florescentlights, water taps (packing), and sink plugs (packing), which do not cost much or damage the building,
without obtaining the consent of the landlord each time such repairs are made. Therefore, legal precedents
have made a special agreement that has the tenant pay for minor maintenance and repairs effective.

 Interpretation of a special agreement for minor maintenance and repairs
It is said that a special agreement for minor maintenance and repairs grants the tenant the right to carry out
minor maintenance and repairs at his/her own cost while absolving the landlord of obligation for it. It is up to
the tenant as to whether or not to make the maintenance and repairs; the tenant has no obligation to makethe maintenance and repairs.

– 20 –

Therefore, the special agreement does not authorize the landlord to charge the tenant for the cost of minor
maintenance and repairs that the tenant did not make during the tenancy, as part of restoration costs.

(3) Contacts for repairs etc.
In principle, the landlord performs maintenance and repairs during the tenancy. The provisions for explanationsof important matters under the Real Estate Brokerage Act require explanations for a trustee if management is
entrusted but do not require explanations if the landlord manages his/her property directly without entrustment.
However, a real estate broker who mediated the contract may deal with repairs at the request of the landlord
who cannot always be contacted immediately when repairs etc. are necessary. In such a case, the responsible
party may be unclear and this may cause trouble.
Therefore, the Ordinance for the Prevention of Residential Rental Disputes in Tokyo of the Tokyo Metropolitan
Government (TMG) requires real estate brokers to show and explain contacts for the repair, maintenance,
management, etc. for each facility in common spaces and individual units to prospective tenants in advance.
As for repairs, the Ordinance for the Prevention of Residential Rental Disputes in Tokyo of TMG requires realestate brokers to explain: The contents of a special agreement for minor maintenance and repairs in the contract (if any) Contacts for repairs etc.

Residential fire alarmWith the revision of the Fire Services Act and Fire Prevention Ordinance, all properties in Tokyo havebeen obliged to install residential fire alarms since April 1, 2010 (the date of enforcement may vary bymunicipality). Residential fire alarms must be installed in all rooms, kitchens, and staircases.
If fire alarms are not installed, damage may spread in the case of a fire. When concluding a lease
contract, the landlord and tenant should talk to each other clearly and check the installation status. Bothof them are encouraged to ensure proper maintenance and management after moving in.
For more information on residential fire alarms, please contact fire stations, fire station divisions, firestation branches, or the Life Safety Education Section, Disaster Preparedness Division, Tokyo Fire
Department (03-3212-2111) (available in Japanese only).

– 21 –

Lease Contract and Lifestyle at Rental Housing
Room hunting, preview, application

Contract to moving in

Important Points Explanation of Property to be
Leased p 46
Explanation Based on the Ordinance for the Prevention of Residential Rental Disputes in Tokyo p 4

Concluding contract

Regular Rental Housing Contract - Standard Type

Before moving in
Checking property condition

pp 26, 28

TenancyDue care of a prudent manager during
tenancy

Moving out

Advance notice of moving out

Maintenance and repairs during tenancy

Checking property condition

pp 27, 29

Checking for restoration obligations
Vacating the property

After moving out

Checking and determining restoration
costs
Deposit settlement/refunding– 22 –p 56

1. Contract to moving in
Important!
Make sure to completely understand explanations in advance of a lease contract. When you are given
explanations based on the Ordinance, be sure you understand the basic rules on restoration obligations andother matters and confirm whether the contract is in line with the basic rules before you decide to conclude thecontract.
Pay attention to a special agreement as it often causes trouble. Listen to the explanation based on the
Ordinance. Do not conclude the lease contract until you are convinced.
Use a checklist to carefully check property before moving in.

(1) Make sure to completely understand explanations in advance
If a lease contract, in which a real estate broker acts as a mediator, intermediary, or agent, is concluded, you will
be given by the real estate broker in advance an explanation of important matters (see the second note on page2) based on the Real Estate Brokerage Act and explanations based on the Ordinance for the Prevention of
Residential Rental Disputes in Tokyo of the Tokyo Metropolitan Government (TMG). The contents of these
explanations are very important to conclude the contract.

The Ordinance for the Prevention of Residential Rental Disputes in Tokyo of TMG requires real estate brokers
to explain: “Matters necessary for the Real Estate Broker to provide proper documents or explanation,” asoutlined in Article 2, item (iii) of the Regulations for Enforcement of the Ordinance (see page 3).
Explanations based on the Ordinance: Restoration of wear and tear when the tenant vacates the property (restoring rental properties tooriginal condition)

 Repairs required to use and derive income from the property (maintenance and repairs during
tenancy) Responsibilities of the tenant prescribed in the lease contract (e.g. whether the contract includes a
special agreement, the content of the special agreement) Who to contact for repair, maintenance, and management, etc. of the facilities during tenancy
When you are given explanations based on the Ordinance, be sure you understand the concept of responsibilities
for restoration obligations in the basic rules, confirm whether the responsibilities in the contract to be concluded
are in line with the basic rules, and check for any exceptional responsibilities before you decide to conclude thecontract.
Do not hesitate to ask questions and make clear what you do not understand or something not mentioned in the
explanations or causing you concern.
If you are not convinced at that moment, you should put the contract on hold, take it home, and consider it
carefully. You can also consult with the Realty Section or Comprehensive Consumer Center of TMG.
It would be even better if the landlord and tenant negotiate in advance methods or forms for settlement uponmoving out in terms of the restoration obligations.

– 23 –

(2) Pay attention to a special agreement (see page 12)
Since a special agreement in the contract often causes trouble, the Ordinance for the Prevention of Residential
Rental Disputes in Tokyo requires an explanation in advance of the conclusion of the contract regarding a special
agreement that imposes a responsibility on the tenant.
A special agreement concluded with the consent of both parties is basically effective even if it is disadvantageous
to the tenant. This is why you should pay attention to a special agreement. If you have any questions or are notconvinced, talk with the landlord, ask for changes if necessary, understand the contents of the contract properly,
and conclude the contract only when you are convinced.
If a special agreement causes trouble, it will be eventually ruled as valid or invalid at a trial.
As for contractual matters promised during the negotiation process, such as “piano allowed” and “pet allowed,”
be sure to have them entered in the contract to prevent them from causing trouble later as a result of being left
as a verbal promise.
In Japan, there is generally no custom of putting on shoes indoors, which may cause troubles. Check with thelandlord in advance whether you can put on shoes indoors, and have it entered in the contract if it is allowed.

Basic rules

Specialagreement

Is the tenant or
landlord
responsible?

There have been some “no security deposit (see page 25)” properties in rental housing advertisements.
However, even if there is no security deposit, the tenant will still have to pay restoration costs supposed to
be borne by him/her.
If a security deposit has been paid, the cost will be deducted from it. In the case with no security deposit
paid, the tenant will have to pay for the cost.
A certain contract may require payment for a specific purpose, such as renovation costs. Please note that
unlike a security deposit the payment will not be refunded upon moving out in principle.

(3) Carefully check property when moving in
To prevent trouble related to the restoration of property to its original condition, be sure to check for scratches
and dirt when you first move into the property. To enable the comparison of the property at the time of moving
in and out, the tenant and landlord should jointly check where scratches or dirt is located and create a Checklist
for Property Condition upon Moving in (see pages 26 and 28) and Checklist for Property Condition upon Moving
in/out and Restoration of Property (see pages 44 and 45).
If the landlord cannot be present, the tenant should create the Checklist for Property Condition upon Moving inand take photographs with a date, which can be used as evidence for inspection and deposit settlement at thetime of moving out.
To prevent trouble upon moving out, it is effective to clearly state in the contract that the property condition will
be checked. The following is an example of special agreements added to the contract that state the creation of
the Checklists for Property Condition in the presence of the landlord and tenant at the time of moving in and out.

– 24 –Example of contract provisions
Checking Property Condition When Moving In
The Landlord and Tenant must create a Checklist for Property Condition upon Moving in prior to moving
in in the presence of both parties and keep it until moving out.

Checking Property Condition When Moving Out
Upon moving out, the Landlord and Tenant must create a Checklist for Property Condition upon Moving
out in the presence of both parties and compare it with the condition upon moving in.
Based on the comparison above, the Tenant will be responsible for the restoration of any damage caused
intentionally or carelessly, or by use in a non-standard way, or for any other reason attributable to the
Tenant.

Points tocheck

Dirt or scratches on the floor (tatami, wooden, carpet)Dirt or scratches on the wall (wallpaper), shoji screen, sliding door, pillar

Facility condition (operating correctly)Condition of water supply and drainage (free of defects including clogging)

Security deposit:

Money paid to the landlord by the tenant when a lease contract is signed. The money is used for offsetting
unpaid rent, repairing damage caused by the tenant, and covering the tenant’s share of restoring costs
when the tenant moves out. Upon the termination of the lease, the landlord must return the security
deposit to the tenant if no violations of the lease occurred.
Key money:
A one-off payment made by the tenant to the landlord at the closing of a real estate lease contract. It is a
type of non-refundable deposits.
Lease renewal fee: Money paid to the landlord when a lease contract is renewed.
Source: “International Business Practice Manual for Real Estate Companies(Japanese Version),” Ministry of Land, Infrastructure, Transport and Tourism– 25 –

■ Checklist for Property Condition upon Moving in (entry example for western room)

Points to check* Enter photo numbers of applicable sections in the illustration.
Moving in

SectionWooden floor
Wall (wallpaper)
Ceiling(wallpaper)
Window glass

Condition
Scratched
Repapered/no
scratches
Repapered/no
scratchesNo
cracks/scratches

Moving out
Photo

Condition

No. 1
2
3
4

Window screen

Not torn

5

Shutter

No defects

6

Sash

No defects

7

Curtain rail

No defects

8OutletNo defects

9– 26 –

Photo

Responsibilities
Landlord(%)

Tenant(%)

Cause

Handling

■ Checklist for Property Condition upon Moving out (entry example for western room)

Points to check* Enter photo numbers of applicable sections in the illustration.
Moving in

SectionCondition

Moving out
Photo

Condition

Photo

Responsibilities
Landlord(%)

Tenant(%)

Cause

Handling
Landlord’s
responsibilities
Repapered andcharged bylandlord(considering No.
of years elapsed)
Landlord’s
responsibilities

No. 1

Scratched



100

0

Normalwear/tearRepapered/no
scratches

2

Graffitied



20

80

Intention

Ceiling (wallpaper)

Repapered/no
scratches

3

Color faded



100

0

Aging

Window glassNo
cracks/scratches

4No
cracks/scratches

Window screen

Not torn

5

Torn



0

100

Carelessness

Shutter

No defects

6

No defects

Sash

No defects

7

No defects

Curtain rail

No defects

8

No defects

OutletNo defects

9

No defects

Wooden floor

Scratched

Wall (wallpaper)– 27 –

Screen replacedby tenant■ Checklist for Property Condition upon Moving in (entry example for Japanese room)

Points to check* Enter photo numbers of applicable sections in the illustration.
Moving in

SectionTatamiWall (wallpaper)
Ceiling(wallpaper)
Window glass

Condition
Scratched
Repapered/no
scratches
Repapered/no
scratchesNo
cracks/scratches

Moving out
Photo

Condition

10
11
12
13

Window screen

Not torn

14

Sash

No defects

15

Sliding door

Not torn/soiled

16

Shoji screen

Repapered17

OutletNo defects

18– 28 –

Photo

Responsibilities
Landlord(%)

Tenant(%)

Cause

Handling

■ Checklist for Property Condition upon Moving out (entry example for Japanese room)

Points to check* Enter photo numbers of applicable sections in the illustration.
Moving in

SectionTatamiWall (wallpaper)
Ceiling(wallpaper)
Window glass

Condition
Scratched
Repapered/no
scratches
Repapered/no
scratchesNo
cracks/scratches

Moving out
Photo

Condition

Photo

Responsibilities
Landlord(%)

Tenant(%)

Cause

Handling

Carelessn
essNormalwear/tearTenant’s
responsibilities
Landlord’s
responsibilities
Landlord’s
responsibilities

10

Charred



0

100

11

Blackening
behind TV



100

0

12

Color faded



100

0

Aging

13

No
cracks/scratches

Window screen

Not torn

14

Not torn

Sash

No defects

15

No defects

Sliding door

Not torn/soiled

16

Color faded



100

0

Aging

Shoji screen

Repapered

17

Torn



0

100

Carelessn
essOutletNo defects

18

No defects– 29 –

Landlord’s
responsibilities
Tenant’s
responsibilities

2. Tenancy
Important!
Report on necessary repairs quickly and promptly
Mind your manners to prevent trouble with the restoration of property to its original condition when it isvacated(1) Report on necessary repairs quickly and promptly
When you find something that needs repair or maintenance, promptly contact the landlord or the managementcompany to consult them about how to deal with it. If contact is delayed, it will be difficult to determine the causeof repairs, such as aging, normal use, or other reasons attributable to the tenant. Act quickly when a problem
arises.
Please note that the landlord is not obliged to repair things not listed in the contract as ancillary facilities, such as
an air conditioner left by a previous tenant. Read the written explanation of important matters or contract tocheck if the facilities in question belong to the rental property.

(2) Mind your manners for a comfortable tenancy
To prevent trouble with the restoration of property to its original condition when it is vacated, mind your manners
as a tenant to avoid soiling or damaging the property.

Case example 1: The contract says “No pets allowed” but I keep a cat in secret.
Since this is clearly in violation of the contract, your contract may be
rescinded and/or you may be required to vacate the property.
No pets allowed!

Of course, you will be held responsible for the conduct when moving
out of the property. If animal-specific odors need to be removed or
the property has to be disinfected, you may be required to pay alarge amount of restoration costs.

Case example 2: I didn’t like the color of the walls and painted them my favorite color instead.
This is a case where joinery or facilities in the property are changed
without the consent of the landlord. You will be required to cover
expenses for the restoration of the property when you move out as it
is not acceptable to repaint the walls without contacting thelandlord. If you want to remodel the room or upgrade facilities, besure to obtain the consent of the landlord in advance and check thedetails of restoration obligations.

– 30 –

Case example 3: I don’t care if my room gets dirty as I don’t like cleaning. I can’t help it if it gets moldy.
Leaving the dirt may cause an unexpected trouble. Depending on
how you used the property and the level of cleaning or maintenance,
you may be held responsible for the violation of the due care of aprudent manager and have a large amount of restoration costs
deducted from your security deposit.

Case example 4: I paid two months’ security deposit. So can I delay the payment of the rent by one monthor so?
Late-payment of rent is a breach of contract.
Late-payment
OK?

A security deposit is entrusted to the landlord in security for all
obligations, including unpaid rent and other damages under thelease contract. Late-payment of rent is not allowed just because asecurity deposit has been entrusted.

The following cases are not directly related to trouble with the restoration obligations, but tenants areencouraged to ensure a comfortable tenancy by maintaining good relationships with the neighbors and landlord.
Case example 5: Playing the stereo loud in the middle of the night, using a washing machine early in themorning, etc.
Noise could develop into a serious issue for your neighbors. Usesound-generating appliances, such as a stereo or washing machine,during reasonable hours. Living hours vary for each person.
Avoid bothering your neighbors by paying attention to the volume
of a stereo, for example.

Case example 6: If garbage is taken out regardless of collection date and time, your neighbors may beannoyed by noxious odors and crows scattering garbage.
Make sure to follow the rules for garbage collection, such as date
and time and separation method. As the rules differ between
municipalities, check the rules in your community.
To help residents live comfortably with each other, always observesocial rules.

Mind your manners as a tenant
Some landlords are distressed by badly-behaved tenants. Even when a property is heavily soiled, thesituation is generally not known until it is vacated. Even if the cost required for the restoration exceeds
the amount of the deposit, the shortfall may not be paid. Furthermore, when an occupant suddenly
disappears, the landlord cannot immediately rescind the contract, has to go through legal procedures,and may be liable for the cost for disposing of what has been left.
These days, problems involving smoking are increasingly common. Mind your manners and beconsiderate of other residents when you smoke at home. You may not share your residence or haveroommates if your lease contract stipulates that you live alone. Don’t put things in common spaces, suchas stairs and corridors.

– 31 –

3. Moving out
Important!
Vacate the property cleanly to avoid causing trouble to the landlord
Carefully check the property when moving out(1) Read the contract to check the deadline for giving notice of moving out
The notice of moving out is required by the contract. Give notice of moving out to the landlord by the deadline
indicated in the contract.
Please note that if you give notice after the deadline, the rent from the date of the notice to the final day of theequivalent of the period of notice will be charged.
Example: If you are to give at least 30 day’s notice
Deadline for giving notice(30 days before moving out)
March 31

Notice ofmoving out
April 15

Moving out(End ofcontract)
April 30

May 15Equivalent of 15 day’s rent
Equivalent of period of notice (30 days)(2) Vacate the property cleanly to avoid causing trouble to the landlord
When moving out, take out all the possessions you brought into the property. Carefully clean the property before
vacating it. Never leave bulky waste, such as unnecessary furniture, behind you. Otherwise, the landlord will be
responsible for the disposal, probably causing you to have the cost of removal, prorated rent during thecorresponding period, etc. deducted from the security deposit.
If you do not properly perform daily cleaning or cleaning at the time of moving out, you may be charged fees for
professional cleaning.

Points tocheckVacuum the floorWipe the floorWipe the glassClean exhaust fans, wet area, sink plugs, air conditioner filters– 32 –

(3) Carefully check property when moving out
As a general rule, the landlord is liable for aging and wear and tear based on normal use. However, the tenant
may be liable for them if a special agreement is included in the contract.
Be sure to check the share of responsibilities. In order to have the security deposit refunded after cleaning,
confirm the state of the property at the time of moving out in the presence of the landlord or someone from theproperty management firm. Check the locations and levels of wear and tear etc. against the Checklist for Property
Condition upon Moving in (see pages 26 and 28) created upon moving in. Check for any wear and tear etc.
caused by the tenant intentionally or carelessly, by use in a non-standard way, or due to any other reason
attributable to the tenant, and any repairs according to the special agreement. Create a Checklist for Property
Condition upon Moving out (see pages 27 and 29). You might want to use the Checklist for Property Condition
upon Moving in/out and Restoration of Property (see pages 44 and 45).
If the other parties involved cannot be present, the tenant should by himself/herself create the Checklist for
Property Condition upon Moving out and take photographs with a date, which will help prevent trouble.

Points to
check
Check against the condition upon moving in:Dirt or scratches on the floor (tatami, wooden, carpet)Dirt or scratches on the wall (wallpaper)

Scale or rust in wet areaGrease and grime in kitchen or on the exhaust fanOther damage(4) Talk about what you are not satisfied with
In most cases, the restoration costs of the property to be actually borne will be made clear through an estimate
from an interior decorator etc. issued after the property is vacated. When you are contacted, get a statement andcarefully check if it matches the result of the room inspection.
If you are not satisfied with the contents of the statement, contact the landlord or management company to ask
for an explanation. The restoration obligations of a tenant are restoring any wear and tear, scratches, etc. causedby the tenant intentionally or carelessly, or by the use of the property in a non-standard way, or due to any otherreason attributable to the tenant. In principle, the tenant is not liable for aging or wear and tear based on normaluse.

– 33 –

Reference

Revision of the Civil Code

The Civil Code stipulates basic rules regarding contracts, including those for rental housing. Provisions for claims(contracts etc.) in the Civil Code have been significantly revised for the first time in approximately 120 years since its
establishment in 1896.
Act for Partial Revision of the Civil Code (Act No. 44 of 2017)
Established on May 26, 2017

Promulgated on June 2, 2017



Enforced on April 1, 2020 (scheduled)

As for housing lease, the Civil Code now stipulates the following basic rules regarding the refund of a security
deposit and the restoration of property to its original condition at the end of rental. (Note: there is a provisionaltranslation in English of the revised Civil Code.)A security deposit minus outstanding debt, such as rent, must be refunded when rental is completed and arental property is returned (Article 622-2).



The tenant will not be obliged to restore normal wear and tear (that caused by normal use of rental
property) or aging (Article 621).

These basic rules for the deposit refund and restoration obligations have been stipulated in the Civil Code due to therevision, but they are the same as those already established by legal precedents.
In addition, the Civil Code now stipulates that a guarantee agreement for real estate rental (which guarantees thetenant’s obligations for rent or damages) with an individual being a guarantor becomes invalid unless the limit ofguarantee is determined (Article 465-2, paragraph (2)) and the limit of guarantee becomes invalid unless it isdetermined in writing (Article 465-2, paragraph (3)).
A guarantee agreement that covers unspecified obligations in a continuous manner is called an agreement
for revolving guarantee.
Examples include a guarantee agreement for obligations such as loans or that covering a tenant’s
obligations in a real estate rental.



The revision of the Civil Code in 2004 added a provision that invalidates an agreement for revolving
guarantee with an individual being a guarantor, which covers obligations such as loans, unless the limit ofguarantee is determined.



The revision requires the limit of guarantee to be determined in not only a guarantee of obligations such asloans but also all agreements for revolving guarantee including a guarantee for real estate rental.

The Ministry of Justice has published an outline of the act for partial revision and a cross reference list of old and newprovisions. For more information, visit their website:
http://www.moj.go.jp/MINJI/minji06_001070000.html (in Japanese)– 34 –

Reference

DIY-Type Lease

A DIY-type lease stands for a lease contract or property that allows refurbishment as a tenant (occupant) likes
regardless of who will pay for the refurbishment.
DIY is an abbreviation for “do it yourself” and generally means carrying out refurbishment or assembly by oneself
without relying on professional services. Model contract forms of the Ministry of Land, Infrastructure, Transport
and Tourism define the DIY-type lease as a lease contract that allows the refurbishment of housing (including
replacement or installation of facilities or joinery; hereinafter the same applies) as a tenant likes regardless of who
will bear the cost. (Construction by professional service firms is also included.)
The features of DIY-type lease include:

The tenant obtains the consent of the landlord and refurbishes the property as he/she likes. (Basically, thetenant is liable for the cost.)
Examples include installation of joinery shelves, changing the material of the floor, wall, or ceiling.



A consent form or agreement between the landlord and tenant determines how to handle the repair of thealtered parts of the property or their restoration upon vacating.
Examples include the exemption of a tenant from the restoration obligations for a joinery shelf whenmoving out.

Model contract forms and other related information (in Japanese) can be found at the Ministry of Land, Infrastructure,
Transport and Tourism’s website below:
http://www.mlit.go.jp/report/press/house03_hh_000104.html (in Japanese)– 35 –

Available inJapanese only

In Case of Trouble
1. TMG’s consultation services

The Tokyo Metropolitan Government (TMG) offers consultation services to give advice for problem solving, raiseawareness and provide information for preventing trouble. You will find collecting information using such services isa step towards finding effective solutions (see page 81 for contact information).
Please note that since restoration obligations and rental housing management are part of a contract based on theprinciple of the freedom of contract under the Civil Code, TMG can offer advice on solutions but cannot render anaward or enforce it to the concerned parties after hearing circumstances from them and coordinating their interests.
 Realty Section, Housing Planning Department, Office for Housing Policy: Consultation on real estate transactions


Rental Housing Hotline accepts trouble with management during the tenancy, restoration of property when it
is vacated, etc.



Guidance and Consultation Team accepts disputes with agents in real estate transactions or mediation,
trouble with an explanation for lease contracts, etc.

 Special Consultation Office for Real Estate Transactions: Legal consultation with a lawyer
Accepts inquiries about the contents or rescission of real-estate transaction contracts
 Comprehensive Consumer Center: Consultation for consumers (including real estate)*

Municipalities’ consultation services are also available.

2. Legal proceedings
If a dispute cannot be resolved via dialogue, you may pursue legal proceedings.
A tenant may sometimes negotiate with a management company about trouble with the refund of security
deposits, but the opposing party is always the landlord specified in the contract as far as legal proceedings areconcerned.

(1) Civil conciliation proceedings
Civil conciliation proceedings are mainly conducted at a summary court and intended to reach a solution throughdialogue with the other party with the mediation of a conciliation committee. The conciliation committee iscomposed of a judge and two or more committee members selected from the private sector. On the day ofconciliation, the committee hears from both parties to a dispute, considers the most appropriate solution, andrecommends it to the parties.

 Features of civil conciliation proceedings

 The civil conciliation proceedings are simpler than a lawsuit. In principle, both parties are allowed to talk
until they are satisfied, likely reaching a solution that matches the reality.

 The fee paid to a summary court at the time of filing is lower than that for a lawsuit.
 Since the proceedings are not made public, the parties involved can feel safe to talk about things they
may want to keep secret.

 Nearly 70% of cases settled through conciliation etc. are closed within three months, demonstrating
quicker resolution at the summary court.

 A conciliation record that contains the contents of agreement has the same effect as a court ruling.
(2) Small claims action
A small claims action is a system to quickly solve problems with the payment of a small amount of money (up to600,000 yen) among civil actions. In addition to a filing fee of 1,000 yen for every 100,000 yen claimed, thepostage for mailing a letter of complaint etc. is required. However, a small claims action already filed may be– 36 –

changed to a regular lawsuit if an accused party makes a request or the court decides that way.

 Features of a small claims action

 The small claims action can be filed only for trouble with payments of up to 600,000 yen.
 The court gives a ruling within one day as a general rule by hearing from both parties and examining
evidence without requiring them to appear many times.

 Documentary evidence and witnesses are limited to those that can be immediately examined on the spot
on the day of the hearing.

 If the court approves the claim of the plaintiff, the court can give a ruling that allows installment payment,
postponement of payment, or exemption from late payment charges.

 A complaint against a ruling on a small claims action can be filed as a motion of objection with the courtthat made the ruling.
*

Since a small claims action is still an action essentially, be sure to confirm the amount of money to beclaimed and the facts to be insisted, ensure that the claim has a strong logical composition, and prepare
sufficient evidence before filing the action.

(3) Petition for demand for payment
A petition for demand for payment allows you to obtain a document that has the same effect as the final rulingthrough a document examination without holding a hearing, provided that a debtor does not file a motion of
objection. This procedure is suitable for a case where a debtor has accepted all the claims from a creditor and thecreditor wants to have the compulsory execution carried out promptly.

 Features of petition for demand for payment

 The court receives a written petition from a creditor and conducts a document examination. If
there is no problem, the court sends a written demand for payment to a debtor. There is nolimit on the amount claimed.

 The procedure is quick because no debtor is summoned and no evidence is examined.
 It can be used to claim the payment of money.
 The petition needs to be filed with a summary court having jurisdiction over the debtor’s address (mailingis also accepted).

 If the debtor files a motion of objection, the petition will be changed to a regular lawsuit at a district orsummary court.
◎ Contact a summary court for more information on civil conciliation proceedings, small claims actions, andpetitions for demand for payment. For more information, visit the “Courts in Japan” website
http://www.courts.go.jp/ (in Japanese). There are deposit refund request forms that can be downloaded.
 Summary court jurisdictions
Summary courts in Tokyo

Jurisdictions

Tokyo Summary Court (03-3581-5411)
1-1-2 Kasumigaseki, Chiyoda-ku (excluding civil conciliationand demand for payment)
Tokyo’s 23 wards, Miyake-mura, Mikurajima-mura,Ogasawara-mura
Sumida Branch (03-5819-0267)
4-16-7 Kinshi, Sumida-ku (only civil conciliation anddemand for payment)
Hachijojima Summary Court (04996-2-0037)

Hachijo-machi, Aogashima-mura

1485-1 Okago, Hachijo-machi
Izu Oshima Summary Court (04992-2-1165)

Oshima-machi, Toshima-mura

445-10 Aza-Ienoue, Motomachi, Oshima-machi
Nijima Summary Court (04992-5-1210)

Nijima-mura, Kozushima-mura

3-2-2 Honson, Nijima-muraHachioji Summary Court (042-642-7020)

Hachioji-shi, Hino-shi, Akiruno-shi, Hinode-machi,
Hinohara-mura

4-21-1 Myojin-cho, Hachioji-shi– 37 –

Summary courts in Tokyo

Jurisdictions
Tachikawa-shi, Fuchu-shi, Akishima-shi, Chofu-shi,
Kokubunji-shi, Kunitachi-shi, Komae-shi, Higashiyamato-shi,Musashimurayama-shi

Tachikawa Summary Court (042-845-0281)
10-4 Midori-cho, Tachikawa-shi

Musashino-shi, Mitaka-shi, Koganei-shi, Kodaira-shi,
Higashimurayama-shi, Nishitokyo-shi, Kiyose-shi,
Higashikurume-shi

Musashino Summary Court (0422-52-2692)
2-4-12 Naka-cho, Musashino-shi
Ome Summary Court (0428-22-2459)

Ome-shi, Fussa-shi, Hamura-shi, Mizuho-machi,
Okutama-machi

1-1300-1 Morooka-cho, Ome-shi
Machida Summary Court (042-727-5011)

Machida-shi, Tama-shi, Inagi-shi

2-28-11 Morino, Machida-shi

Reference: “Do You Know Small Claims at a Summary Court?” leaflet (in Japanese) issued by General Secretariat,
Supreme Court

3. Others
Apart from the conciliation held in court, mediation, arbitration, and conciliation are carried out in private,
permanent dispute resolution institutions.

(1) Mediation and arbitration
Mediation is a dispute resolution method similar to conciliation, in which a third party (mediator) weighs in
between the parties involved to help resolve a dispute through the settlement between the parties. Cases related
to unpaid rent, vacating of buildings, restoration obligations, claims for the refund of deposits, etc. are alsobrought to dispute resolution institutions set up by bar associations.
Arbitration is a dispute resolution method based on an agreement that leaves the handling of a disputeconcerning certain legal matters to the judgment of a third party (arbitrator) who is a private person, instead ofthat of a court. Dispute resolution by arbitration is also carried out at dispute resolution institutions set up by bar
associations.

(2) Conciliation by conciliation institutions based on ADR Law
At dispute resolution institutions set up by the Shiho-Shoshi Lawyer’s Associations or Certified Administrative
Procedures Legal Specialists Associations, the lawyers or specialists weigh in between parties involved in a
dispute to conduct conciliation for resolution through amicable dialogue or settlement between the parties.
Cases related to unpaid rent, vacating of buildings, restoration obligations, claims for the refund of deposits, etc.
are brought to the former institutions and those related to restoration obligations and claims for the refund of
deposits are brought to the latter institutions. Under the ADR Law (formally called Act on Promotion of Use of
Alternative Dispute Resolution), conciliation by these institutions is granted three legal consequences: effect ofinterruption of prescription, suspension of legal proceedings, and a special agreement for cases requiring
conciliation before a trial.
◎ Examples of conciliation or arbitration institutions
Institution/contact

Opening hours etc.

Alternative Dispute Resolution Center, Tokyo Bar
Associations (03-3581-0031)
6F Bar Association Bldg., 1-1-3 Kasumigaseki, Chiyoda-ku
Mediation/
arbitration
institutions

Arbitration Center, Dai-Ichi Tokyo Bar Association(03-3595-8588)
11F Bar Association Bldg., 1-1-3 Kasumigaseki, Chiyoda-ku
Arbitration Center, Dai-Ni Tokyo Bar Association(03-3581-2249)
9F Bar Association Bldg., 1-1-3 Kasumigaseki, Chiyoda-ku“Sutekki” Mediation Center, Tokyo Shiho-Shoshi Lawyer’s
Association (03-3353-8844)

Conciliation 2F Shiho-Shoshi Lawyer’s Association Kaikan, 4-37
institutions Yotsuyahonshio-cho, Shinjuku-ku

Monday - Friday 9:30 - 12:00, 13:00 - 15:00(except public, year-end, New Year holidays)
Monday - Friday 10:00 - 12:00, 13:00 - 16:00(except public, year-end, New Year holidays)
Monday - Friday 9:30 - 12:00, 13:00 - 17:00(except public, year-end, New Year holidays)
Monday - Friday 9:00 - 12:00, 13:00 - 17:00(except public, year-end, New Year holidays)(Conciliation available from 9:00 to 20:00 with
Saturday, Sunday, holidays included)

Gyoseishoshi ADR Center - Tokyo (03-5489-7441)

Tuesday, Thursday, Saturday 10:00 - 16:00

4F Gyoseishoshi Kaikan, 3-1-6 Aobadai, Meguro-ku(except public, year-end, New Year holidays)– 38 –

(3) Other legal consultation services
As problems with the restoration obligations or rental housing management are handled with legal procedures
such as lawsuits, conciliation, and arbitration, consult with a lawyer and other legal experts to obtain advice inadvance.
Primary consultation services include:
1. Legal counseling centers (Tokyo Bar Association, Dai-Ichi Tokyo Bar Association, and Dai-Ni Tokyo Bar
Association)
Free telephone consultation at 0570-200-050 (only in Tokyo) (Monday - Friday 10:00 - 16:00)
Institution/contact

Opening hours etc.

Shinjuku Legal Counseling Center (03-5312-5850)(Reservation required)
5F NSO Bldg., 3-1-22 Shinjuku, Shinjuku-ku

Accept reservations Monday - Saturday 9:30 - 16:30
Counseling fee: 5,000 yen for 30 min. excluding tax

Kasumigaseki Legal Counseling Center (03-3581-1511)(Priority given to reservations)
3F Bar Association Bldg., 1-1-3 Kasumigaseki, Chiyoda-ku

Accept inquiries Monday - Friday 9:30 - 16:30
Counseling fee: 5,000 yen for 30 min. excluding tax

Kamata Legal Counseling Center (03-5714-0081)(Reservation required)
6F Kamata-Tsukimura Bldg., 5-15-8 Kamata, Ota-ku

Accept reservations on weekdays 9:30 - 19:30, weekends 13:30 16:30
Counseling fee: 5,000 yen for 30 min. excluding tax

2. Japan Legal Support Center (JLSC) (Information provision and civil legal aid)
JLSC Help Desk: 0570-078374 (PHS supported)
Telephone No. for IP phone: 03-6745-5600 (Weekdays 9:00 - 21:00, Saturday 9:00 - 17:00, except public,
year-end, New Year holidays)

Notes:
Free legal consultation through civil legal aid is available for those whose income and assets are below
a certain level.

Reservation is required.

Business hours: Weekdays 9:00 - 17:00 except holidays.
JLSC Tokyo accepts inquiries on Saturday as well for those who make reservations the day before.
Name

Telephone No.

Name

Telephone No.

Name

Telephone No.

JLSC Tokyo050-3383-5300

JLSC Ikebukuro050-3383-5321

JLSC Hachioji050-3383-5310

JLSC Ueno

050-3383-5320

JLSC Tama

050-3383-5327--

3. General consultation centers (Tokyo Shiho-Shoshi Lawyer’s Association)
Shiho-Shoshi Lawyer’s Hotline for free telephone consultation
03-3353-2700 (Monday - Friday 10:00 - 15:45)
042-540-0663 (Wednesday, Thursday 17:00 - 19:45)
Institution/contact

Opening hours etc.

Tokyo Shiho-Shoshi Lawyer’s Association General Consultation
Center (Yotsuya)(03-3353-9205) (reservation required)
1F Shiho-Shoshi Lawyer’s Association Kaikan, 4-37
Yotsuyahonshio-cho, Shinjuku-ku

Accept reservations Monday - Friday 9:00 - 12:00, 13:00 - 17:00(except public, year-end, New Year holidays)
Counseling fee: Free for up to 50 min.

Santama General Consultation Center (Tachikawa)(042-548-3933) (reservation required)
Room 202-A, Olympic Building No. 3, 2-34-13 Akebono-cho,Tachikawa-shi

Accept reservations Monday - Friday 10:00 - 16:00 (except public,
year-end, New Year holidays)
Counseling fee: Free for up to 50 min.

4. Legal consultation by real estate broker associations
Association/contact

Opening hours etc.

The Tokyo Real Estate Public Interest Incorporated Association
Real Estate Consulting Office (03-3264-8000)

Opened Monday - Friday 10:00 - 15:00
Lawyer consultation (reservation required): 1st & 3rd Wednesdays ofeach month 10:00 - 15:00

Tokyo-to Fudosan Kyokai
Tokyo Head Office, All Japan Real Estate Association
Real estate consultation services (03-5338-0370)

Legal consultation with a lawyer on real estate (reservation
required): Tuesdays, Thursdays 13:00-16:00 (except holidays)– 39 –

Reference

Ordinance for the Prevention of Residential Rental Disputes in Tokyo

Regulations for Enforcement of the Ordinance for the Prevention of Residential Rental Disputes in Tokyo

Checklist for Property Condition upon Moving in/out and Restoration of Property (Example)

Important Points Explanation of Property to be LeasedRegular Rental Housing Contract - Standard Type (as of March 2018) (March 30, 2018, Ministry of Land,
Infrastructure, Transport and Tourism)
Notes for Executing Regular Rental Housing Contract - Standard Type
Description of Regular Rental Housing Contract - Standard TypeTokyo Metropolitan Government’s Consultation Services

Partial Revision of the Ordinance for the Prevention of Residential Rental Disputes in Tokyo
An Act to revise part of the Real Estate Brokerage Act enforced on April 1, 2017, does not require explanationsof important matters and allows only documents describing the important matters to be provided if aprospective owner or tenant of residential land and/or building is a real estate broker (Article 35, paragraph (6)of the Act).
In this context, Article 2 of the Ordinance for the Prevention of Residential Rental Disputes in Tokyo (Tokyo
Metropolitan Ordinance No. 95 of 2004) does not require explanation of the documents specified in the article
either if a prospective tenant is a real estate broker.
Partial Revision of the Ordinance for the Prevention of Residential Rental Disputes in Tokyo(Promulgated and enforced on October 13, 2017)



Partial Revision of the Regulations for Enforcement of the Ordinance for the Prevention of Residential
Rental Disputes in Tokyo(Promulgated and enforced on October 13, 2017)

 Please refer to “Guidelines for Facilitating Renting of Private Rental Housing for Foreigners” (Ministryof Land, Infrastructure, Transport and Tourism) at:
http://www.mlit.go.jp/jutakukentiku/house/jutakukentiku_house_tk3_000017.html (in Japanese)– 40 –

Ordinance for the Prevention of Residential Rental Disputes in Tokyo(Ordinance No. 95 of March 31, 2004)
Latest revision: Ordinance No. 67 of October 13, 2017
Article 1

PurposeThe purpose of this Ordinance is to prevent disputes concerning the rental of residential buildings (including portions of buildings;
hereinafter referred to as “Dwelling”) by determining matters including information that must be disclosed in advance by Real Estate
Brokers (brokers prescribed in Article 2, item (iii) of the Real Estate Brokerage Act (Act No. 176 of 1952, hereinafter referred to as the “Act”)),
and thereby to ensure the stability and raise the quality of housing for the residents of Tokyo.

Article 2

Real Estate Broker’s Obligation to Provide Explanation, etc.
When representing or mediating the rental of a Dwelling, along with providing a prospective tenant with a document containing matterslisted in the items under Article 35, paragraph (1) of the Act (including cases where it is applied by replacing certain terms pursuant to theprovisions of paragraph (6) of the same article) or explanation of said matters pursuant to the provisions of the said paragraph, the Real
Estate Broker must also provide a document containing the following matters and explanation of said document; provided, however, such
explanation shall not be required should a prospective tenant be a Real Estate Broker.
(i)Matters set forth in the Tokyo Metropolitan Government Regulations (hereinafter referred to as “Regulations”) concerning
restoration of wear and tear at the time of vacating the Dwelling and repairs required to use and derive income from theDwelling.

(ii) Other than the matters listed in the preceding item, matters set forth in the Regulations as information that needs to be indicatedin order to prevent residential rental disputes.
Article 3

Measures to Prevent Disputes
The Governor shall endeavor to take necessary measures for the prevention of residential rental disputes.

Article 4

Requesting Reports, etc.
The Governor may, to the extent necessary to implement this Ordinance, request the Real Estate Broker to submit reports or materials
concerning business.

Article 5

Guidance and Admonishment
Should any of the following items apply to a Real Estate Broker, the Governor may offer guidance and a letter of admonishment to the Real
Estate Broker for provision of a document or an explanation, submission of reports or materials, or correction of the contents of the reports
or materials.
(i)

When all or part of the document or the explanation prescribed in Article 2 was not given.

(ii) When the reports or materials were not submitted as prescribed in the preceding article or when false reports or materials were
provided.
Article 6

Public Announcement
If the party who received the letter of admonishment set forth in the preceding article does not comply with the said admonishment
without just cause, the Governor may make a public announcement to that effect.
(2) When making a public announcement pursuant to the preceding paragraph, the Governor shall provide the said party with anopportunity to have its statement heard and to present evidence.

Article 7

Delegation
In addition to what is provided for in this Ordinance, matters necessary for the enforcement of this Ordinance shall be prescribed by theRegulations.

Supplementary Provisions
This Ordinance is effective as of October 1, 2004.
Supplementary Provisions (Ordinance No. 67 of 2017)1.

Effective Date
This Ordinance comes into effect on the day of promulgation.

2.

Transitional Measures
With regard to the guidance and admonishment that are given concerning contracts concluded prior to the enforcement of thisOrdinance, the provisions then in force shall remain applicable.

– 41 –

Regulations for Enforcement of the Ordinance for the Prevention of Residential Rental Disputes in Tokyo(Regulations No. 92 of March 31, 2004)
Latest revision: Regulations No. 111 of October 13, 2017
Article 1

Purpose
These regulations shall provide for matters necessary for enforcing the Ordinance for the Prevention of
Residential Rental Disputes in Tokyo (Ordinance No. 95 of 2004, hereinafter referred to as the “Ordinance”).

Article 2 Matters to Be Explained by Real Estate Brokers
Matters specified by the Regulations set forth in Article 2, item (i) of the Ordinance shall be as follows:(i) That the landlord is responsible for restoration of wear and tear when the tenant vacates theDwelling except when there is a special agreement to the contrary between the parties or when
restoration is necessary due to reasons attributable to the tenant.
(ii) That the landlord is responsible for repairs required to use and derive income from the Dwelling,
except when there is a special agreement to the contrary between the parties or when repair isnecessary from reasons attributable to the tenant.
(iii) Matters in the lease contract for the said Dwelling that will be the responsibility of the tenant.
(2) Matters specified by the Regulations set forth in Article 2, item (ii) of the Ordinance shall be the name (ortrade name in the case of a juridical person) and address (or location of the principal office in the case ofa juridical person) of the party to contact for repair, maintenance and management of the facilities
during the tenancy period.
(3) The Governor shall indicate matters necessary for the Real Estate Broker to provide proper documents
or explanation pursuant to the provisions of Article 2 of the Ordinance.
Article 3 Admonishment
The admonishment set forth in Article 5 of the Ordinance shall be implemented through the letter ofadmonishment (Appendix).
Article 4 Public Announcement
Public announcement pursuant to the provisions of Article 6, paragraph (1) of the Ordinance shall be madethrough the Tokyo Metropolitan Government Bulletin or other methods to widely inform the residents ofTokyo of the fact.
(2) Matters to be made public shall be as follows:(i) Name of the party admonished (or trade name and representative in the case of a juridical person)(ii) Address of the party admonished (or location of the principal office in the case of a juridical person)(iii) Contents of the admonishment(iv) Matters other than those set forth in the preceding three items that are deemed necessary by theGovernor– 42 –

Article 5 Providing Opportunity for a Statement
The opportunity provided for the admonished party to have its statement heard and to present evidence(hereinafter referred to as “Statement Opportunity”) set forth in Article 6, paragraph (2) of the Ordinance,
shall take the form of a submitted document indicating opinion and evidence (hereinafter referred to as‘Written Statement”) except when the Governor allows the statement to be made orally.
(2) In providing the admonished party with a Statement Opportunity, the Governor shall provide written
notice of the following matters to said party and provide a sufficient amount of time until the deadline
for submission of the Written Statement (when granting an oral Statement Opportunity, until the date
and time of the hearing).
(i) Matters that are scheduled to be made public.
(ii) The specific articles of the ordinance, etc. that provide the grounds for the scheduled publicannouncement.
(iii) Facts that constitute the reason for the scheduled public announcement.
(iv) The Written Statement submission location and deadline (or when granting an oral Statement
Opportunity, said notification and the date, time, and place for the hearing).
(3) The party who received notification as prescribed in the preceding paragraph (hereinafter referred to as“ Party ”) or its proxy may, in the event of unavoidable circumstances, request the Governor to extend
the deadline for submission of the Written Statement , or when granting an oral Statement Opportunity,
to change the date, time and/or place for the hearing.
(4) The Governor may, in response to the request prescribed in the preceding paragraph, or by virtue ofauthority, extend the deadline for submission of the Written Statement , or change the date, time and/or
place of the hearing.
(5) When granting the Party an oral Statement Opportunity, the Governor shall prepare in writing asummary of the statement made by the P arty or proxy(6) The proxy must submit a document certifying his/her authority of representation to the Governor by thedeadline for submission of the Written Statement or by the date and time of the hearing(7) If the P arty or proxy does not submit the Written Statement by the deadline or fail s to make an oral
statement at the scheduled time without justifiable grounds, the Governor may make a publicannouncement pursuant to Article 6, paragraph (1) of the Ordinance.
Supplementary Provisions
This Regulation is effective as of October 1, 2004.
Supplementary Provisions (Regulations No. 111 of 2017)
This Regulation comes into effect on the day of promulgation.

– 43 –

Checklist for Property Condition upon Moving in/out and Restoration of Property (Example)
Checklist for Property Condition upon Moving in/out
Property name:

Dwelling unit number:

Location:

Telephone No.:

Tenant name:Landlord name:Contract concluded on:

Moved in on:

New address:

Moved out on:
New telephone No.:

Moving inPlace

Section

Wear/
tear

Replacementmonth/year

Moving out
Condition

Wear/
tear

Entrance/corridor
Kitchen/dining room/living room
BathDressing room
ToiletCeiling

Yes/NoYes/NoWall

Yes/NoYes/NoFloor

Yes/NoYes/NoEntrance door

Yes/NoYes/NoLock and key

Yes/NoYes/NoChime

Yes/NoYes/NoShoe cupboard

Yes/NoYes/NoLighting fixtures

Yes/NoYes/NoMailbox

Yes/NoYes/NoCeiling

Yes/NoYes/NoWall

Yes/NoYes/NoFloor

Yes/NoYes/NoSink

Yes/NoYes/NoCabinetYes/NoYes/NoExhaust fan

Yes/NoYes/NoWater heating system

Yes/NoYes/NoElectric/gas stove

Yes/NoYes/NoLighting fixtures

Yes/NoYes/NoWater supply/drainage
facilities

Yes/NoYes/NoCeiling/wall/floor

Yes/NoYes/NoDoor

Yes/NoYes/NoWater heater

Yes/NoYes/NoBathtub

Yes/NoYes/NoShowerYes/NoYes/NoWater supply/drainage
facilities

Yes/NoYes/NoLighting/exhaust fan

Yes/NoYes/NoTowel hanger

Yes/NoYes/NoCeiling/wall/floor

Yes/NoYes/NoDoor

Yes/NoYes/NoWashstandYes/NoYes/NoWashing machine space

Yes/NoYes/NoWater supply/drainage
facilities

Yes/NoYes/NoLighting fixtures

Yes/NoYes/NoTowel hanger

Yes/NoYes/NoCeiling/wall/floor

Yes/NoYes/NoDoor

Yes/NoYes/NoToilet bowl

Yes/NoYes/NoFlush tank

Yes/NoYes/NoLighting/exhaust fan

Yes/NoYes/NoPaper holder

Yes/NoYes/No– 44 –

Condition

RepairReplacement

Responsibilities

Yes

Yes

Yes

No

No

No

Moving in

Place

Section

Wear/
tear

Replacementmonth/year

Moving out
Condition

Wear/
tear

Individual room
Individual room
Individual room
OthersCeiling

Yes/NoYes/NoWall

Yes/NoYes/NoFloor

Yes/NoYes/NoPartition

Yes/NoYes/NoClosetYes/NoYes/NoDoor/window

Yes/NoYes/NoLighting fixtures

Yes/NoYes/NoCeiling

Yes/NoYes/NoWall

Yes/NoYes/NoFloor

Yes/NoYes/NoPartition

Yes/NoYes/NoClosetYes/NoYes/NoDoor/window

Yes/NoYes/NoLighting fixtures

Yes/NoYes/NoCeiling

Yes/NoYes/NoWall

Yes/NoYes/NoFloor

Yes/NoYes/NoPartition

Yes/NoYes/NoClosetYes/NoYes/NoDoor/window

Yes/NoYes/NoLighting fixtures

Yes/NoYes/NoAir conditioner

Yes/NoYes/NoSwitch/outlet

Yes/NoYes/NoBalcony

Yes/NoYes/NoDrying hardware

Yes/NoYes/NoTV/telephone terminal

Yes/NoYes/NoCondition

RepairReplacement

Responsibilities

Yes

Yes

Yes

No

No

No

Remarks:☆ At the time of moving in, we checked the condition of each section of the property as shown above.
Date:
Tenant name:

Date:(Seal)

Landlord name:(Seal)
Date:

Names of management company and checker:(Seal)☆ At the time of moving out, we checked the condition of each section of the property as shown above.
Date:
Tenant name:

Date:(Seal)

Landlord name:(Seal)
Date:

Names of management company and checker:(Seal)



When moving in, check each “Section” of each “Place” in the property from the perspective of both the landlord and tenant, circle “Yes” or “No” in the“Wear/tear” column, and enter “Replacement month/year.” Describe the wear and tear specifically as appropriate (preferably by taking photographs
and attaching them to make the description more specific).

When moving out, check each “Section” of each “Place” in the property from the perspective of both the landlord and tenant, circle “Yes” or “No” inthe “Wear/tear” column, describe the wear and tear specifically, and circle “Yes” or “No” in the “Repair” and following columns.



See Q1 of Q&A in the Trouble Regarding Restoration to Original Condition and Related Guidelines (2nd Ed.) (in Japanese), Ministry of Land,
Infrastructure, Transport and Tourism.



To prevent trouble with the restoration obligations, it is important to make sure of proper understanding of the restoration by both the landlord andtenant and confirm precautions for use, such as daily cleaning and compliance with correct usage, in addition to checking for the wear and tear etc.
based on the list (see Q5 and Q10 of Q&A in the Trouble Regarding Restoration to Original Condition and Related Guidelines (2nd Ed.) (in Japanese),
Ministry of Land, Infrastructure, Transport and Tourism).

– 45 –

The following is an example of using the full text of the Important Points Explanation of Property to be Leased
recommended by the Ministry of Land, Infrastructure, Transport and Tourism as a reference for explaining the importantmatters in Article 35 of the Real Estate Brokerage Act. (Note: The text entries in blue are example entries.)[Enforced on April 1, 2018]

Important Points Explanation of Property to be Leased
Date: month day, year
To: Taro Tokyo
The following details on the property have been written in accordance with Article 35 of the Real Estate Brokerage Act.
Please ensure you completely understand all of these essential points.
Name of company

XXXX Real Estate Co., Ltd.

Name of representative

Ichiro Shinjuku

Principal office

0-0-0 Nishishinjuku, Shinjuku-ku, Tokyo

Business license number

Governor of Tokyo (3), No. 12345

License issue date

Date: month day, year

Designated agent for thistransaction(Seal)Name

Jiro Shibuya

Registration No.

(Tokyo) No. 999999

Place of businessNishishinjuku Branch, XXXX Real Estate Co., Ltd.
Telephone No.: (00) 0000-0000

Designated agent (Section 2, Article 34)
Name(Seal)

Representative / AgentSky Garden Shinjuku
0-0-0 Nishishinjuku, Shinjuku-ku, Tokyo

Location:(Indication of residential address: Rm. 000 Sky Garden Shinjuku,
0-0-0 Nishishinjuku, Shinjuku-ku, Tokyo)

Apartment No.

Rm. 000, 3rd floor

Floor area

Center line of wall: 42.90 m2 (Official record: 38.87 m2)

Type and construction

Residence, 5-story steel-reinforced concrete

Property

Name and address of landlord

I.

Ichitaro Nakano 0-0-0 Chuo, Nakano-ku, Tokyo

Items Directly Related to the Property in Question
1. Items recorded in the registry
Details of ownership(Landlord)
Owner

Name:
Address:

Items related to rightsof ownership(Renter)Mortgage

Ichitaro Nakano
0-0-0 Chuo,
Nakano-ku, Tokyo

Items related to rights other thanownership

No.0001 received on month day, year
None

Amount of credit: 5 million yen
Debtor: Ichitaro Nakano
Mortgagee: XX Bank, Ltd.

A mortgage has already been created and registered on the property. If the mortgage is executed, the property is
auctioned, and the purchaser requests the property be vacated, the tenant must vacate the property within six
months of the request.
In this case, the tenant cannot request the settlement of the security deposit entrusted to the landlord from thepurchaser.

– 46 –

2. Main legal restrictions
Title of Act
Summary of restrictions
No particular restrictions

3. Water, electricity, gas and sewerage supply
Facilities ready for immediate use

Projected future services

Water

Public / Private / Well

Date:

Electricity

XX Power Company Ltd.

Date:

Gas

City / Propane

Date:

Sewerage

Public sewerage

Date:

Notes

Public / Private / Well

City / Propane

4. Shape and structure when completion (in case of unfinished buildings)
Shape and structure
Structure and finishes ofcomponents, interior and exterior
Facility installation and structure

5. Summary of results of inspection of building conditions (for an existing building)Inspection of building conditions
conducted?

Yes

No

Inspected by: XX XX (first-class architect/approved inspector for existing houses)
Summary of results of inspection ofbuilding conditions

Inspected on: month day, year (within a year)
Inspection results: Refer to Annex: Summary of the Results of the Inspection of
Building Conditions (for use in explanation of important matters).

6. State of repair of facilities (in case of completed buildings)
Facilities

Existing

Type

OthersKitchenYes

Work surfaces and sink, exhaust fan, hot-water tap

ToiletYes

Separated flush toilet, western style

Bath

Yes

Separated bath with shower

Water heating
systemYes

Gas water heating system (kitchen, bath, washstand)Gas stove

No

City gas

Heating/air
conditioningYes

One air conditioner installed in living room

7. Is property within a developed residential land disaster prevention zone?
Inside residential land disaster prevention zone

Outside residential land disaster prevention zone

8. Is property within a landslide disaster warning zone?
Inside a landslide disaster warning zone

Outside a landslide disaster warning zone

– 47 –

9. Is the building inside a tsunami warning zone?
Inside tsunami warning zone

Not inside tsunami warning zone

A tsunami warning zone is designated by a prefectural governor as a land area where warning and evacuation
systems should be developed in particular, based on Article 53, paragraph (1) of the Act on Development ofAreas Resilient to Tsunami Disasters (enforced on December 27, 2011).
In Tokyo, a tsunami warning zone has not been designated, but the area in which this property is located may bedesignated as such a zone by the Tokyo Metropolitan Government (TMG).
10. Description of asbestos usage survey
Are asbestos usage survey results on record?

Yes

No

Yes

No

Contents of asbestos usage survey

11. Description of earthquake resistance analysis
Has an earthquake resistance analysis been
performed?

Analyzed by: XX First-Class Architect OfficeContents of earthquake resistance analysis

II.

Analyzed on: month day, year
Analysis results: Refer to Annex: Assessment Report on the
Earthquake Resistance Analysis Results.

Items Regarding Transaction Conditions
1. Charges other than rent (of 140,000 yen on a monthly basis)AmountPurpose1

280,000 yen

2 months’ deposit

2

5,000 yen/month

Common service fee

34

2. Cancellation of contract1.

Even during the tenancy period, the tenant can give at least 30 days’ written notice of the cancellation of the lease
contract to the landlord, in which case the lease contract will be terminated upon expiration of the period of notice.

2.

In addition to the notice stated in the preceding paragraph, the tenant can immediately give notice of the cancellation
by paying 30 days’ worth of rent.

3.

If the tenant fails to pay the following and, in spite of the landlord’s due notice, does not fulfill his/her obligations as
tenant within a certain period, the landlord can cancel the contract.

 Rent,  Common service fees, and/or  Repair costs (that must be borne if they are caused by reasons attributable
to the tenant).
4.

If the tenant does not adhere to any of the following rules, and the landlord therefore is unable to continue the contract,then the landlord can cancel the contract except that the acts listed as Items 6 through 8 in Table 1 in Attachment * aresubject to 6 below:

 Obligation to comply with the correct usage of the property. To use the property:

The tenant must use the property only as a residence;

The tenant must not perform the acts listed in Table 1 in Attachment *;– 48 –

Without the landlord’s written consent, the tenant must not transfer the right of lease, sublease the property,
enlarge, remodel or move the property, or install artifacts in the property, or perform the acts listed in Table 2 in
Attachment *; andThe tenant must notify the landlord before performing the acts listed in Table 3 in Attachment *.

 Obligation to accept repairs to the property. If the landlord performs necessary repairs, the tenant cannot refuse
permission for the carrying out of such repairs without good reason.
5.

The landlord or the tenant may cancel the contract without prior notice if the other party meets any of the descriptions
below:

6.

When it is clear that the other party or its directors qualify as antisocial forces;

When the other party or its directors qualify as antisocial forces after the conclusion of the contract;When it is clear that the other party allowed antisocial forces to use its name to conclude this contract; orWhen the other party uses threatening behavior or violence, interferes with operations using fraudulent means orforce, or causes defamation.

The landlord may cancel the contract without prior notice if the tenant meets any of the descriptions below:

7.

When the tenant transfers the right of lease, or subleases the property in whole or in part to antisocial forces; orWhen the tenant performs the acts listed as Items 6 through 8 in Table 1 in Attachment *.

The tenant may cancel the contract if part of the property has become unusable due to loss or other reasons and theremaining portion alone is not sufficient to satisfy the tenant’s purpose of leasing the property.

*

Attach a document containing Tables 1 to 3 from the Regular Rental Housing Contract - Standard Type on
page 61 to this Important Points Explanation of Property to be Leased.

3. Compensation for damages or breach of contract
None

4. Summary of guarantee system for repayment of any returnable deposits
Whether or not deposits are guaranteed

Yes / No

Agency to guarantee deposits

5. Contract period and renewal
Regular Rental Contract

From month day, year

Period2 years 0 months

To month day, year

Fixed-term Rental Contract
Lifelong Lease Contract

1. The lease agreement is a conventional (ordinary) one under the current Act on Land andBuilding Leases.

Details regarding
renewal

2. Upon expiration of the above contract period, the landlord and tenant can renew thiscontract via dialogue.

6. Limitations on use
Limits to exclusive areas in buildings
under multiple ownership

OthersLimitations on
use of property

For residential use only, not for businesspurposes

Limitations onother uses

No pets or piano allowed

7. Return of security deposit
The landlord must return promptly the entire security deposit when the tenant vacates the property. However, if there is any
unpaid rent or repair costs incurred to return the property to its original condition, or if there is any other default under thecontract when the property is vacated, the landlord can deduct such debts from the security deposit.

– 49 –

8. Property management
Name (of agent)(Registration No. under Article 46, Paragraph 1,
Subparagraph 2 of the Act on Advancement of Proper
Condominium Management or registration no. under
Article 5, Paragraph 1, Subparagraph 2 of the Rental
Residential Property Manager Registration Regulations)
Address of main office

CEO Shiro Nakai, XX Property Management Inc.
Minister of Land, Infrastructure, Transport and Tourism ( )No.

0-0-0 Nakano, Nakano-ku, Tokyo (Phone: 03-1000-0001)

III. Other Items
1. Details of bond (under Article 35-2 of the Real Estate Act)
(1) If not a member of the Real Estate Transaction Guarantee Association
Office where bond is deposited
Name
Location(2) If a member of the Real Estate Transaction Guarantee Association

Real Estate Transaction
Guarantee AssociationName

XX Guarantee Association

Address

0-0-0 XX-cho, XX-ku, Tokyo

Location of
office0-0-0 XX-cho, XX-ku, Tokyo
Tokyo Head Office, XX Guarantee Association

Office where bond is deposited

Tokyo Legal Affairs Bureau

Name

Kudan Joint Government Building 2, 1-1-15 Kudan-minami, Chiyoda-ku,
Tokyo

Location

When you fill out this form, you should be aware of the following: Regarding I. 1.
In the column headed “Items related to rights of ownership,” enter the ownership-related items
recorded in the registry’s “Landlord” column: e.g. special agreement on buying back, provisional
registration, notice of registration and distress.

 Regarding I. 2.
Pick out the applicable legislation from below and enter it under the column “Title of legislation,” andbriefly state the restrictions under the law in the column of “Summary of restrictions.”
New Residential Area Development
Act

New Urban Infrastructure
Improvement Act

Distribution Business Area
Improvement Act

 Regarding I. 3.
In the column headed “Notes,” enter any charges for use of facilities.

 Regarding I. 6.
The facilities entered in the “Facility” column are examples for a residential building. For commercial
property, add facilities important for the type of business, such as air-conditioning and elevators.

 Regarding II. 5.
State clearly which contract applies to the property: regular or fixed-term rental contract, or the
lifelong lease contract.

 If there is not enough space in any column, write on a separate sheet, noting the corresponding
column heading and item number on the form.

– 50 –

AnnexSummary of the Results of the Inspection of Building Conditions(for use in explanation of important matters)[Steel-reinforced concrete construction etc.]
Date prepared

Building
Address

Building(If multi-family dwelling)

Residence of Residence No.
 Site No.
Name of condominium etc.

Room No.

No.

 Steel-reinforced concrete structure
Type of structure Steel-frame reinforced concrete structure Other (e.g., mixed structure)

FloorsAboveground:
Underground:floor(s) /floor(s)Total floor aream2

Date of this inspection
Category of inspection
Presence of any degradationetc.

 Detached residence Multi-family dwelling etc. ( Detached type

 Building type)Any degradation etc. based on standards for inspection of building conditions?
(Also fill out “Presence of any degradation etc. of individual components”
below.)

Inspection of building conditions

Inspected components related to key
structures for structural resilience

YN

Inspected components related to structures
for keeping out rainwater etc.

Degradation etc.

Degradation etc.

Y

N

Y

N

Presence of any
degradation etc. of
individual components

Foundation



Could not be
investigated

Exterior walls

Could not be
investigated


Floor







Interior walls













CeilingsNote: Cross out any
components not present
in the subject building
with two lines.

Pillars and beams
Exterior walls







Roof







Balcony and common 
corridorInterior walls









Ceilings















Others(Inspection of
reinforcement
arrangements)(Concrete compression 
strength)

Name of inspector

Inspection of building conditions
conducted by

Name of agency training
inspector and completion
certificate No.
Type of architect qualification  Class I
Architect registration No.

 Class II Wooden structure Minister’s registration
 Governor’s registration

No.

Governor’s registration

No.

Name of affiliated officeArchitectural officeregistration No.

* See reverse side

– 51 –

Reference for the Summary of the Results of the Inspection of Building Conditions(for use in explanation of important matters)
 Contents of the Inspection of Building Conditions
Conforming to the Standards for Inspecting Existing Houses (Ministry of Land, Infrastructure, Transport and Tourism
Public Notice No. 82 of 2017), this inspection covers existing houses to visually identify their degradation etc. in a
non-destructive manner. Therefore, it does not:

 Check the house against design documents etc.;
 Check for any violation of the rules and regulations related to current building standards;
 Determine the performance level of the house with respect to different performance items related to housing, suchas earthquake resistance and energy efficiency; or Determine whether degradation etc. is caused by structural defects in the building or what has caused the defects,
if any.
 Note on the Summary of the Results of the Inspection of Building Conditions (for use in explanation ofimportant matters)
1. The results of this inspection do not determine the presence or absence of defects, nor do they guarantee that
there are no defects.
2. There is no guarantee that the contents of the inspection results will not change over time from the time of theinspection.
3. Housing will suffer aging. The judgment made in the inspection results does not guarantee that the house will
never suffer normal aging. The aging of the house varies depending on the maintenance carried out in the past.
4. The inspection results do not judge conformity with laws and regulations related to building standards.
5. Duplication, reprinting, processing, imitation, or forgery of any part or all of the inspection results without
permission is prohibited.
6. The use of the inspection results by third parties without the permission of the client is prohibited. The mandateeof this inspection may submit the inspection results to a housing warranty insurance company by obtaining thepermission etc. of the mandator for the purpose of applying for defect insurance on traded existing houses.
7. The inspection results do not have anything to do with an inspection outline, cost estimate, or refurbishment
methods related to the operations and services (mediation/intermediation, renovation, etc.) performed inconjunction with this inspection.
8. The inspection results do not prove the purchase of defect insurance on existing houses. A separate procedure isneeded to purchase defect insurance on existing houses.

* See front side

– 52 –

AnnexSummary of the Results of the Inspection of Building Conditions(for use in explanation of important matters)[Wooden/steel-frame construction]
Date prepared

Building
Address

Residence of Residence No.

Building

 Site No.

(If multi-family dwelling)

Name of condominium etc.

Type of structure WoodenFloorsAboveground:
Underground: Steel frame

Room No.

No.

 Other (e.g., mixed structure)

floor(s) /floor(s)Total floor aream2

Date of this inspection
Category of inspection

Presence of any degradationetc.

 Detached residence Multi-family dwelling etc. ( Detached typeAny degradation etc. based on standards for inspection of building conditions?

Inspection of building conditions

Note: Cross out any
components not present
in the subject building
with two lines.

Y(Also fill out “Presence of any degradation etc. of individual components”
below.)
Inspected components related to key
structures for structural resilience

Presence of any
degradation etc. of
individual components

 Building type)
N

Inspected components related to structures
for keeping out rainwater etc.

Degradation etc.

Degradation etc.

Y

Y

N

Foundation



Could not be
investigated NExterior walls

Could not be
investigated 

Base and floor
assembly



 

Eaves



 

Balcony



Floor



 

Interior walls 

Pillars and beams 

Ceilings



 
 

Exterior walls and
eaves



 

Roof truss 

Balcony



 



 

Roof

Interior walls 

Ceiling 

Roof truss (Termite damage) (Rot, corrosion)(Inspection of reinforcement
arrangements)(Concrete compression
strength)



 



 



 

OthersName of inspector

Inspection of building conditions
conducted by

Name of agency training
inspector and completion
certificate No.
Type of architect qualification  Class I
Architect registration No.

 Class II Wooden structure Minister’s registration
 Governor’s registration

No.

Governor’s registration

No.

Name of affiliated officeArchitectural officeregistration No.

* See reverse side

– 53 –

Reference for the Summary of the Results of the Inspection of Building Conditions(for use in explanation of important matters)
 Contents of the Inspection of Building Conditions
Conforming to the Standards for Inspecting Existing Houses (Ministry of Land, Infrastructure, Transport and Tourism
Public Notice No. 82 of 2017), this inspection covers existing houses to visually identify their degradation etc. in a
non-destructive manner. Therefore, it does not:

 Check the house against design documents etc.;
 Check for any violation of the rules and regulations related to current building standards;
 Determine the performance level of the house with respect to different performance items related to housing, suchas earthquake resistance and energy efficiency; or Determine whether degradation etc. is caused by structural defects in the building or what has caused the defects,
if any.
 Note on the Summary of the Results of the Inspection of Building Conditions (for use in explanation of importantmatters)
1. The results of this inspection do not determine the presence or absence of defects, nor do they guarantee that
there are no defects.
2. There is no guarantee that the contents of the inspection results will not change over time from the time of theinspection.
3. Housing will suffer aging. The judgment made in the inspection results does not guarantee that the house will
never suffer normal aging. The aging of the house varies depending on the maintenance carried out in the past.
4. The inspection results do not judge conformity with laws and regulations related to building standards.
5. Duplication, reprinting, processing, imitation, or forgery of any part or all of the inspection results without
permission is prohibited.
6. The use of the inspection results by third parties without the permission of the client is prohibited. The mandateeof this inspection may submit the inspection results to a housing warranty insurance company by obtaining thepermission etc. of the mandator for the purpose of applying for defect insurance on traded existing houses.
7. The inspection results do not have anything to do with an inspection outline, cost estimate, or refurbishment
methods related to the operations and services (mediation/intermediation, renovation, etc.) performed inconjunction with this inspection.
8. The inspection results do not prove the purchase of defect insurance on existing houses. A separate procedure isneeded to purchase defect insurance on existing houses.

* See front side

– 54 –

Full-scale operation of IT-based explanations of important matters related
Reference to lease transactions and the explanation of the Ordinance for thePrevention of Residential Rental Disputes in Tokyo
On October 1, 2017, the operation of IT-based explanations of important matters related to lease transactions began on afull-scale basis.
 What are IT-based explanations of important matters?


The use of IT, such as video conferences, by a real estate notary to explain the important matters stated in Article
35 of the Real Estate Brokerage ActUsing a terminal, such as a personal computer or TV, and ensuring an interactive environment whereexplanations and a question and answer session can be provided in the same manner as in a face-to-faceinterview

Sending necessary documents in advance Applicable real estate transactions


Limited to transactions for lease contracts

Matters required under Article 2 of the Ordinance for the Prevention of Residential Rental Disputes in Tokyo (Tokyo
Metropolitan Ordinance No. 95 of 2004) may be explained by means of IT as long as they are handled in accordance with
“Interpretation and Operation: Remarks on Article 35, item (i)” shown below.
 Interpretation and Operation: Remarks on Article 35, item (i)2. An IT-based explanation of important matters pertaining to the representation or mediation of the leasing ofresidential land or building
An IT-based explanation, using video conferences etc., of the important matters pertaining to the representation
or mediation of the leasing of residential land or building will be treated the same as that made face-to-faceonly if the IT-based explanation meets all of the following conditions.
If video cannot be seen or voice cannot be heard during an IT-based explanation of important matters, the realestate notary must immediately stop the explanation and resume it when the situation is resolved.
(1) The explanation is given in an environment where both the real estate notary and prospective tenant can see
the video to such an extent that they can easily read documents, such as drawings, and understand thecontents of the explanation, sufficiently hear each other’s voices, and can interact in both directions.
(2) A written explanation of important matters and documents attached to it signed and sealed by the realestate notary are sent to the prospective tenant requiring explanation in advance.
(3) The prospective tenant can listen to the explanation while looking through the written explanation ofimportant matters and documents attached to it and the real estate notary checks the condition of video andvoice before starting the explanation.
(4) The real estate notary produces his/her certificate and confirms that the prospective tenant listening to the
explanation can see the certificate on screen.
The Ministry of Land, Infrastructure, Transport and Tourism has published the background for the full-scale operation of
IT-based explanations of important matters related to lease transactions and released a manual for implementing the
explanations. For more information, visit their website:
http://www.mlit.go.jp/totikensangyo/const/sosei_const_fr3_000046.html (in Japanese)
http://www.mlit.go.jp/totikensangyo/const/sosei_const_tk3_000092.html (in Japanese)– 55 –

See the Regular Rental Housing Contract - Standard Type and consent form (example) created by the Ministry of Land, Infrastructure,
Transport and Tourism at their website: http://www.mlit.go.jp/jutakukentiku/house/jutakukentiku_house_tk3_000023.html (in Japanese).
The following is an example of using the full text of the rental housing contract (in Japanese).created by the Ministry of Land,
Infrastructure, Transport and Tourism for the purpose of preventing disputes over lease contracts, stabilizing the tenant’s occupation of
the property, and streamlining the management by the landlord. (Note: The text entries in blue are example entries.)

Regular Rental Housing Contract - Standard Type (as of March 2018)
Heading(1) Purpose of lease
Name, address, etc. of thebuilding

Name

Sky Garden Shinjuku

Address

0-0-0 Nishishinjuku, Shinjuku-ku, Tokyo(Indication of residential address: Rm. 000 Sky Garden Shinjuku, 0-0-0 Nishishinjuku, Shinjuku-ku, Tokyo)

Type ofbuilding

Apartment
Terraced apartment
Detached house
Other

Wooden-built
Non-wooden built(

Structure

Date of completion)

Year
Major remodeling in (5 stories
Numberof units

15 units

Floor layout( 2 ) LDK or DK or K / One room

Apartment
number

Rm. 000

Area(Center line of wall) 42.90 m2 (Balcony:(Official record: 38.87 m2)
Toiletm2 [not included at left])

Exclusive (flush or non-flush) / Shared (flush or non-flush)

Facilities

Property

Bath

Y/N

ShowerY/N

Bath sink

Y/NSpace for washing machine

Y/N

Water heater

Y/N

Gas stove/electric stove/IH stove

Y/N

Air conditioning/heating

Y/N

Lighting fixtures included

Y/N

Automatic lock

Y/N

Terrestrial digital TV/CATV

Y/NInternet

Y/N

Mailbox

Y/N

Parcel delivery box

Y/N

Key

Y/N

Gas water heating system (kitchen, bath, washstand)
One air conditioner installed in living room

Only terrestrial digital TV(Key No. 12345 - 2 copies)

Y/N
Y/N
Electricity capacity
Gas( 20 ) A
Yes (city gas or propane gas) / No

Water

Directly connected to water mains / Tank / Well

Sewerage

Yes (public sewerage or septic tank) / No

Facilities included

Parking
Motorcycle parking
Bicycle parking
Storage
Private garden

Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N

units (space No.
)
units (space No.
)
1 units (space No. 8 )(2) Contract period
Start dateMonth day, year

End dateMonth day, year

2 years 0 months– 56 –)

(3) Rent and other fees
Rent/common service fee

Due date

How to pay

Rent

140,000 yen

Day last of every month forthe current/
following month’s rent

Commonservicefee

5,000 yen

Day last of every month forthe current/
following month’s fee

Security
depositOther
lump-sumpayment

280,000 yen;equivalent to 2 months’ rent

Fee for use of attached facilities

None

Other

None

Bank name: XX Bank Corporation
Type of account: Futsu (ordinary) Toza (current)
Account No.: 00000000
Account name: Ichitaro Nakano
Transfer fees borne by: landlord/ tenantBanktransfer,directdebit, orin person

Where to pay:None(4) Landlord and management
Landlord(Company name/representative)

Address:Name:Manager(Company name/representative)

Address:
0-0-0 Nakano, Nakano-ku
Zip-code: 164-0001
Name:
XX Management Corporation
Tel: 03-1000-0001
Rental housing manager registration No.: Minister of Land, Infrastructure, Transport and Tourism( 1 ) No. 0000000

0-0-0 Chuo, Nakano-ku
Ichitaro Nakano

Zip-code: 164-0011
Tel: 03-0000-0000

Note: Fill out the following if the landlord does not own the building.
Address:
Name:

Owner of the building

Zip-code:Tel:(5) Tenant and co-occupants
Tenant

Name

Name:

Taro Tokyo

Age:

XX

Co-occupants
Hanako Tokyo

Age: XX

Name:

Sakura Tokyo

Age: X

Name:

Tel:

Contact in case of
emergency

Name:

Age:
Total: 3 persons

Address:Name:0-0-0 Izumicho, Nishitokyo-shi
Zip-code: 202-0011
Senichiro Tokyo
Tel: 042-000-0000
Relationship with tenant: Father[In the case of joint and several guarantor](6) Guarantee provided by joint and several guarantor and limit of guarantee
Joint and several
guarantor
Limit

Address:

0-0-0 Izumicho, Nishitokyo-shi

Name: Senichiro Tokyo

Zip-code: 202-0011

Tel: 042-000-0000

1,740,000 yen[In the case of rental liability guarantee firm](6) Guarantee provided by rental liability guarantee firm
Address: 0-0-0 Izumicho, Nishitokyo-shi
Rental liability guarantee
firm

Zip-code: 202-0011

Company name: Nishitokyo Lease Guarantee Company

Tel: 042-000-0000

Rental liability guarantee firm registration No.: Minister of Land, Infrastructure, Transport andTourism ( 1 ) No.
0– 57 –

Article 1.

Contract formation
The lessor (hereafter called the “Landlord” and the renter (hereafter called the “Tenant”) have formed therental housing agreement (hereafter called the “Contract”) for the lease (hereafter called the “Property”
specified in (1) above.

Article 2.

Contract period and renewal
1. The period of the Contract is specified in (2) above.
2. The Landlord and the Tenant can renew the Contract by mutual agreement.

Article 3.

Purpose of use
The Tenant must use the Property only as a residence.

Article 4.

Rent
1. The Tenant must pay rent to the Landlord in accordance with (3) above.
2. The rent for a period less than one month is prorated on the basis of one month being 30 days.
3. The Landlord and the Tenant can revise the rent by mutual agreement if the amount of the rent has
become unreasonable due to the following factors.
i. The rent becomes unreasonable due to an increase/decrease of taxes and other charges/on the landor building;ii. Increase/decrease of the land or building prices or other fluctuations in economic conditions; andiii. When the rent is inappropriate compared with the rent of similar buildings in the vicinity.

Article 5.

Common service fee
1. The Tenant shall pay a fee for common services such as lighting, fuel, water supply, sewerage, cleaning,etc., which are necessary for the maintenance and management of common space such as stairs,
corridors, etc. (hereafter in this clause called “Maintenance and Management Expense”).
2. The common service fee should be paid as specified in (3) above.
3. The common service fee for a period less than one month is prorated on the basis of one month being
30 days.
4. The Landlord and the Tenant can revise the common service fee by mutual agreement if the amountbecomes unreasonable due to an increase/decrease of the Maintenance and Management Expenses.

Article 6.

Security deposit
1. The Tenant shall pay a security deposit specified in (3) above to the Landlord to cover any liabilities
arising from the Contract.
2. The Landlord may use the security deposit to pay any unpaid liabilities of the Tenant arising under theContract. The Tenant may not demand to use the security deposit to offset any such liabilities before
moving out.
3. The Landlord must refund promptly the whole amount of the security deposit when the Tenant vacates
the Property. However, if there are any unpaid rent or repair costs incurred to return the property to its
original condition as stipulated in Article 15, or if there are any other defaults of liabilities under theContract, the Landlord can repay the amount of such liabilities by deducting it from the security deposit.
4. In the above case, the Landlord must present a breakdown of the amount of liabilities deducted fromthe deposit.

Article 7.

Exclusion of antisocial forces
1. The Landlord and the Tenant hereby pledge each of the following to each other.
i. That they themselves do not qualify as organized crime, companies related to organized crime,sokaiya racketeers, or similar parties, or members thereof (referred to collectively hereinafter as“antisocial forces”).
ii. That their officers (this refers to employees executing business operations, directors, executive
officers, and similar parties) do not qualify as antisocial forces.
iii. That they are not allowing antisocial forces to use their name to conclude this Contract.
iv. That they will not engage in any of the following acts, either themselves or through use of a third
party:
A. Acts of threatening speech or behavior or violence toward the other party
B. Acts of impeding the other’s business or damaging its trust through use of fraud or intimidation
2. The Tenant may not transfer the right of lease, nor sublease the Property in whole or in part to antisocial
forces, regardless of whether or not the Landlord has consented thereto.

Article 8.

Prohibited or restricted acts
1. The Tenant shall not transfer the right of lease, nor sublease the Property in whole or a part without theLandlord’s written consent.
2. The Tenant shall not enlarge, remodel or move the Property, or install artifacts in the Property without
the Landlord’s written consent.
3. When using the Property, the Tenant shall not do anything listed in Table 1.
4. When using the Property, the Tenant shall not do anything listed in Table 2 without the Landlord’s
written consent.
5. When using the Property, the Tenant shall notify the Landlord before doing anything listed in Table 3.

– 58 –

Article 9.

Repairs during the term of the Contract
1. The Landlord is responsible for repairs necessary for the Tenant to use the Property. The Tenant must
pay the cost of such repairs as caused by the Tenant, while the Landlord must pay the cost of other such
repairs.
2. The Landlord shall inform the Tenant before doing any repairs. The Tenant cannot refuse permission tocarry out such repairs without good reason.
3. The Tenant shall notify the Landlord of any necessary repairs it has identified in the Property and consult
with the Landlord on the necessity of such repairs.
4. The Tenant may carry out repairs covered by a notice as described in the preceding paragraph if theLandlord has failed to conduct such repairs without good reason despite the fact that the necessity ofsuch repairs is recognized. The costs of such repairs shall be handled as described in Paragraph 1.
5. In addition to demanding repairs from the Landlord as described in Paragraph 1, the Tenant can carryout repairs listed in Table 4 itself. When the Tenant carries out repairs itself, it shall bear the costs of such
repairs and shall not need to notify or obtain the consent of the Landlord.

Article 10.

Cancellation of the Contract
1. If the Tenant fails to pay the following and, in spite of the Landlord’s due notice, does not fulfill Tenant’s
obligations within a certain period, the Landlord can cancel the Contract.
i. Rent as specified in Article 4, Paragraph 1;
ii. Common service fees as specified in Article 5, Paragraph 2; andiii. Expenses for which the Tenant is liable as specified in Article 9, Paragraph 1.
2. If the Tenant does not adhere to any of the following rules, the Landlord presses the Tenant to perform
its obligations within a reasonable period of time and the Tenant fails to do so within that period of time,
and the Landlord therefore is unable to continue the Contract, then the Landlord can cancel theContract.
i. To use the Property only as a residence as stated in Article 3;ii. Rules specified in Article 8 (not including those specified in Paragraph 3 of that Article related to theacts described under items 6-8 of Table 1); or
iii. Other rules for the Tenant to observe as specified in the Contract.
3. If either the Landlord or the Tenant meets any of the descriptions below, then the other party may cancel
the Contract without prior notice.
i. When it is clear that the party has violated the pledges under the subparagraphs of Article 7,
Paragraph 1
ii. When it or its directors qualify as antisocial forces after conclusion of the Contract
4. If either the Tenant has violated any of the rules under Article 7, Paragraph 2 or has committed any of
the acts listed under items 6-8 of Table 1, then the Tenant may cancel the Contract without prior notice.

Article 11.

Cancellation by the Tenant
1. The Tenant can cancel the Contract by giving at least 30 days’ notice to the Landlord.
2. Notwithstanding the preceding paragraph, the Tenant may cancel the Contract at any time during 30
days from the date of giving notice of cancellation by paying the Landlord the rent for 30 days from thedate of giving notice of cancellation (including the amount equivalent to the rent after canceling thisContract).

Article 12.

Reduction of rent due to partial loss of the Property etc.
1. If a part of the Property has become unusable due to loss or other reason for which the Tenant was not
responsible, then the Rent shall be reduced in amount in accordance with the percentage of theProperty that has become unusable. In such a case, the Landlord and the Tenant shall discuss necessary
matters such as the extent and period of the rent reduction.
2. The Tenant may cancel the Contract if a part of the Property has become unusable due to loss or otherreason and the remaining portion alone is not sufficient to satisfy the Tenant’s purpose of leasing theProperty.

Article 13.

Termination of the Contract
If the entirety of the Property has become unusable due to loss or other reason, then the Contract shallterminate as a result.

Article 14.

Vacating
1. The Tenant shall vacate the Property by the day on which the Contract terminates (or immediately if theContract is canceled under any provision of Article 10).
2. The Tenant shall notify the Landlord of the date of the vacating if it plans the vacating stated in thepreceding paragraph.

– 59 –

Article 15.

Restoration to original condition upon vacating
1. The Tenant shall restore the Property to its original condition, excluding wear and tear caused by normal
use and aging of the Property. However, the Tenant shall not need to restore damage for reasons forwhich it was not responsible.
2. Upon vacating of the Property, the Landlord and the Tenant shall discuss the details and methods ofrestoration of the property to its original condition to be carried out by the Tenant pursuant to theprovisions of Table 5, including any special provisions established at the time of concluding the Contract.

Article 16.

Entry
1. The Landlord can enter the Property with prior consent of the Tenant when such entry is necessary forfire prevention at the Property or property management such as the maintenance of the structure of theProperty.
2. The Tenant cannot refuse the Landlord’s entry based on the preceding paragraph without good reason.
3. When a prospective tenant or transferee of the Property hopes to inspect the Property after thetermination of the Contract, the Landlord and tenant/transferee can enter the Property by obtaining theprior consent of the Tenant.
4. To prevent the spread of fire or in any other emergencies, the Landlord can enter the Property without
prior consent of the Tenant. When entering in the absence of the Tenant, the Landlord must notify the
Tenant later that he/she has entered.

[In the case of joint and several guarantor]
Article 17.

Joint and several guarantor
1. The joint and several guarantor (hereafter called the “Guarantor”) shall, jointly and severally with the
Tenant, bear any liabilities of the Tenant arising under this Contract. The same shall apply upon renewalof the Contract.
2. The liabilities borne by the Guarantor under the preceding paragraph shall not exceed the limit amountindicated under (6) above and in the space for signing and sealing of the Contract.
3. In the event of the death of the Tenant or the Guarantor, the principal of the liabilities borne by the
Guarantor shall be fixed.
4. As requested by the Guarantor, the Landlord must provide to the Guarantor, without delay, information
on matters such as the amount of all liabilities of the Tenant, including the state of payment of rent,
common service fees, etc., amounts in arrears, and amounts of compensation for damages.

[In the case of rental liability guarantee firm]
Article 17.

Guarantee provided by rental liability guarantee firm
When using a guarantee provided by a rental liability guarantee firm specified in (6) above, the details of
the guarantee provided by the rental liability guarantee firm shall be as stipulated separately, and theLandlord and the Tenant must complete the necessary procedures for use of such guarantees at the time of
concluding the Contract.

Article 18.

Discussion
If there arise any doubts about items not specified in the Contract or about the interpretation of theContract, the Landlord and the Tenant shall discuss and solve them in good faith in accordance with the Civil
Code and other regulations and customs.

Article 19.

Special contract clause
The special provisions of the Contract, other than those stipulated through Article 18, are as follows:

If there are special provisions, clearly state what specific costs the Tenant will be responsible for according to theprovisions.
Landlord: Ichitaro Nakano(Seal)

Tenant: Taro Tokyo(Seal)– 60 –

Table 1 (related to Article 8, Paragraph 3)i.

Manufacture or storage of guns, swords, explosives, or flammable and dangerous items;ii.

Bringing in or installation of large safes and other heavy items;iii. Pouring of corrosive liquids into the drains;
iv. Playing television, stereo, piano, etc., at high volume;v.

Keeping animals that could clearly be a nuisance to neighbors, such as fierce animals and poisonous snakes;

vi. Providing the Property for use as an office or other base of activities of antisocial forces;vii. Causing nearby residents or passersby to feel unease through engaging in markedly vulgar or violent speech or
behavior or expressions of force in the Property or its vicinity; andviii. Permitting antisocial forces to reside or repeatedly enter the Property.

Table 2 (related to Article 8, Paragraph 4)i.

Placing items in the common areas, such as stairs and corridors;ii.

Posting signboards, posters, and other advertisements in the common areas, such as stairs and corridors; andiii. Keeping dogs, cats, and other animals (excluding those listed on the Table 1, item v.) which cause a nuisance toneighbors, but excluding ornamental small birds and fish.

Table 3 (related to Article 8, Paragraph 5)i.

Living with person(s) other than those specified in (5) above, excluding children born during the period of thecontract; andii.

Being absent from the Property for more than one consecutive month.

Table 4 (related to Article 9, Paragraph 5)
Replacing fuses

Replacing faucet washers and gaskets

Replacing plugs and chains in thebathroom and elsewhere

Replacing light bulbs and fluorescent
lamps

Other minor repairs– 61 –

Table 5 (related to Article 15)
Conditions of restoration to original condition
Except as stipulated under “Exceptional Special Provisions” under II below, the conditions of restoration of the Property to its
original condition shall conform to the thinking of general principles on restoration of rental residences to their original
condition. That is, Wear and tear caused by the willful acts or negligence of the Tenant, violation of its duty to perform the due diligence of agood manager, or other use beyond the bounds of ordinary methods of use shall be paid for by the Tenant. However, theTenant shall not be required to pay for damage due to earthquakes or other cases of force majeure, damage caused by athird party unrelated to the Tenant, such as upstairs residents, or similar damage.
 The Landlord shall pay for natural deterioration and wear and tear (aging) of the building, facilities, etc. and wear and teararising from normal use by the Tenant (ordinary wear and tear).
While the specific details of the above shall be as stipulated in Table 1 and Table 2 to “Trouble Regarding Restoration to OriginalCondition and Related Guidelines (2nd Ed.)” (in Japanese) issued by the Ministry of Land, Infrastructure, Transport and Tourism,
they are summarized under I below.

I. Conditions of restoration of the Property to its original condition(However, where an agreement has been reached as described under II, Exceptional Special Provisions, below regarding details
in violation of Article 90 of the Civil Code and Article 8, Article 8-2, Article 9, and Article 10 of the Consumer Contract Act, thecontent thereof shall apply.)
1.

Landlord’s and Tenant’s responsibilities for repairs
Landlord’s responsibility

Tenant’s responsibility
Floors (tatami, flooring, carpet, etc.)

1. Flipping over and resurfacing of tatami mats (for use by thenext tenant in cases free of any particular damage)

1. Carpet stains due to spilled drinks etc., mold (due to causes such as
insufficient care after a spill)

2. Waxing flooring

2. Rust marks beneath the refrigerator (soiling or other damage to thefloor due to failure to address rust)

3. Dents and traces of furniture on floors and carpets

3. Scratches resulting from moving in or out or similar acts

4. Discoloration of tatami mats and fading of flooring (due tosunlight, rain leaks resulting from structural flaws in thebuilding, etc.)

4. Fading of flooring (due to rain water entering the Property as aresult of carelessness by the Tenant)Walls, ceilings (cloth etc.)
1. Darkening of wall surfaces behind TVs, refrigerators, etc.
(so-called electrical burns)

1. Kitchen soiling due to negligence in everyday cleaning by the
Tenant (adherence of soot or oil due to poor cleanup after use)

2. Traces of posters and pictures on the walls
3. Holes in the walls etc. due to thumbtacks, pins, etc. (to an
extent that does not require replacement of the underlying
boards)2. Mold or stains that spread due to a lack of care of the Tenant forcondensation (corrosion of walls etc. due to failure to notify theLandlord and failure to take care of condensation through means
such as wiping it off)

4. Screw holes and traces on the walls due to installation of
air-conditioning (property of the Tenant)

3. Corrosion of walls due to water leaks from a cooler left unaddressedby the Tenant

5. Cloth discoloration (due to natural causes such as sunlight)

4. Stains and odors from tobacco smoke etc. (cloth discoloration or
persistent odors caused by smoking or other causes)
5. Tack and nail holes in walls etc. (those resulting from hanging heavy
articles, to an extent that requires replacement of the underlying
boards)
6. Traces of lighting fixtures installed by the Tenant directly on theceilings
7. Intentional damage such as graffiti

Fixtures etc., sliding doors, pillars etc.
1. Replacement of screens (for use by the next tenant in cases
free of any particular damage)

1. Scratches to pillars etc. and odors caused by a pet (scratches topillars, cloth, etc. or persistent odors caused by a pet)

2. Glass damaged by earthquakes

2. Intentional damage such as graffiti

3. Breakage of wired glass (natural breakage due to thestructure thereof)
Facilities etc.
1. Thorough house cleaning by a professional service (when the
Tenant has conducted regular cleaning)
2. Internal cleaning of air-conditioning (free from persistentodors such as those from tobacco smoke)
3. Disinfection (kitchen, toilets)
4. Replacement of bathtub, bathtub cover, etc. (for use by thenext tenant in cases free of damage etc.)
5. Replacement of locks and keys (in cases free of lock damage
or loss of keys)

1. Oil soiling and soot in location of gas stove, vent, etc. (soiling
resulting from failure of the Tenant to clean and care for such
facilities)
2. Incrustation, mold, etc. in bath, toilet, or bathroom sink (soiling
resulting from failure of the Tenant to clean and care for such
facilities)
3. Damage to facilities due to inappropriate everyday care or misuse
4. Replacement of locks and keys due to lock damage or loss of keys
5. Weeds in the garden of a detached house

6. Damaged or unusable equipment or machinery (due to usefullife of machinery)– 62 –

2. Units of Tenant’s responsibility
Subject

Units of Tenant’s responsibility

Consideration of passage of time etc.

(Tatami floors, carpeting, cushion flooring)
Share of costs calculated based on a residual
value of 1 yen after 6 years.

Flooring

In principle, per square meter
If damaged in multiple spots, entire room

(Flooring)
No consideration for passage of time in repairs.
(When replacing flooring due to damage in its
entirety, share of costs calculated based on aresidual value of 1 yen after the useful life of thebuilding.)

Walls (cloth)

While per square meter is preferable, when
unavoidable the Tenant shall pay the cost of
replacement for the entire surface of the wall
including the portion damaged by the Tenant.

Stains and odors due
to tobacco smoke
etc.

It is considered appropriate for the Tenant to pay
the cost of cleaning or replacement for the entire
room only if the cloth on the entire room isstained or has a persistent odor due to smoking
or other causes.

Sliding doors

Per door(Sliding doors, shoji paper)No consideration for passage of time.

Pillars

Per pillar(Sliding doors, shoji fixtures; pillars)
No consideration for passage of time.

Equipment andmachinery

Cost of repaired portion or replacement(Equipment and machinery)
Share of costs calculated by estimating a straightline (or curve) with a residual value of 1 yen at
the end of the useful life.

Return ofkeys

Locks and keys

Repaired portion
If key lost, includes cylinder replacement

No consideration for passage of time in cases ofloss of keys. Tenant pays cost of replacement.

Ordinary
cleaning *Facilities, etc.

If damaged in multiple spots, entire room

Cleaning* Only in cases ofneglect of ordinary
cleaning andcleaning uponvacating

Per portion, or for entire residence

No consideration for passage of time. Tenant
pays costs of cleaning for relevant portions or
the entire residence for which it failed to carryout normal cleaning.

Repairs to damaged Repairs to
portions
facilities

Fixtures, pillars

Carpeting, cushion
flooring

Repairs to damaged
portions

Walls, ceilings (cloth)(Tatami mat surfaces)
No consideration for passage of time.

Repairs to damaged portions

FloorsTatami mats

In principle, per mat.
If multiple mats are damaged, the number ofdamaged mats (flipping or resurfacing
determined depending on extent of damage)(Walls [cloth])
Share of costs calculated based on a residual
value of 1 yen after 6 years.

Share of costs paid by Tenant and passage of time for facilities etc.
(in cases of depreciation by the straight-line method over useful lives of six and eight years)
Share of costs paid by Tenant (when liable for restoration to original condition)

（％）
100
90
80
70

60
50

40
30

20
10

Years
passed
経過年数

0

1

2

3

4

5

6

7

8

9

– 63 –（年）
10 11 12 13 14 15 (Years)

3. Estimated units for restoration to original condition(Enter subject portions, units, and unit prices [in yen] for the property.)
Subject portion
FloorsCeilings, walls

Fixtures, pillars

Unit

Unit price (in yen)

Wooden floorm2

XXX yenWall (wallpaper)m2

XXX yen

Ceiling (wallpaper)m2

XXX yenWindow (glass, frame)

Qty.

XXX yenInterior door

Qty.

XXX yen

PillarPlace

XXX yenCommonFacilities, etc.

Entrance, hallway

KitchenBathroom, bath sink,
toiletOther
Notes:The unit prices shown above are rough estimates, intended to achieve a mutual understanding of estimated costs between the Tenant
and the Landlord at the time of occupancy.
Accordingly, at the time of vacating, construction to restore the Property to its original condition shall be conducted at theconstruction prices discussed by the Tenant and the Landlord with consideration for matters such as fluctuations in prices and stocks ofmaterials, the extent of damage, and construction methods used.

II. Exceptional special provisions
General principles regarding costs related to restoration of the Property to its original condition are provided above. However,as exceptions to the above the Tenant hereby agrees to pay the costs indicated below (as long as such payment would not
violate Article 90 of the Civil Code or Article 8, Article 8-2, Article 9, and Article 10 of the Consumer Contract Act).
(In parentheses below, indicate the reason why the Tenant will pay, on an exceptional basis, costs that ordinarily should be paid by the Landlord.) If there are special provisions, clearly state what specific costs the Tenant will be responsible for according to theprovisions.
Landlord:

Ichitaro Nakano(Seal)

Tenant:Taro Tokyo(Seal)– 64 –

To be signed and sealed below[In the case of guarantor]
IN WITNESS WHEREOF, the following Landlord and the Tenant have signed and affixed their seals to theContract in triplicate, and the Tenant and the Guarantor have signed and affixed their seals to the Guarantee
Contract on the above obligations of the Tenant in triplicate, each party retaining one sealed copy of each.
[In the case of rental liability guarantee firm]
IN WITNESS WHEREOF, the following Landlord and the Tenant have signed and affixed their seals to theContract in duplicate, each party retaining one sealed copy.

Date: month day, year

Landlord

TenantAddress:

0-0-0 Chuo, Nakano-ku

Zip-code: 164-0011

Name:

Ichitaro Nakano

Tel.:03-000-0000

Address:

0-0-0 Izumicho, Nishitokyo-shi Zip-code: 202-0011

Name:

Taro Tokyo

Tel.:

042-000-0000(Seal)(Seal)[In the case of guarantor]
Guarantor

Address:

0-0-0 Izumicho, Nishitokyo-shi Zip-code: 202-0011

Name:

Senichiro Tokyo

Tel.:

042-000-0000(Seal)

Limit amount: 1,740,000 yen

Real estate broker

License No. [ Tokyo( 3 ) No. 00000] Governor/Minister of Land, Infrastructure, Transport and Tourism

Agent
Address:

0-0-0 Nishishinjuku, Shinjuku-ku, 160-0000

Name:

XX Real Estate Co., Ltd.

Representative:

Ichiro Shinjuku

Registered real estate broker(Seal)

Reg. No. [Tokyo] Governor No. 000000
Name:– 65 –Jiro Shibuya(Seal)

Notes for Executing Regular Rental Housing Contract - Standard Type
HeadingPay attention to the following when you make an entry. Enter “-” if the item is not applicable.
(1) Purpose of lease Name: Enter the name of the building (XX Mansion, XX Soh, etc.).
 Address: Enter the residential address (the indication of the address).
 Type of building: Circle the applicable item.
Terminology
a. Apartment: A building with two or more residences in it that share corridors, stairs, etc. or that are built
one on top of the other. It also includes a building that has a store(s) on the first floor and multiple
residences on the second and higher floors.
b. Terraced apartment: A building with multiple residences built side by side, each sharing a wall andhaving a separate entrance.
c. Detached house: A building consisting of one residence.
d. Other: A building not corresponding to any one of a to c above that includes, for example, a part of afactory or office used as a residence.
 Structure: Circle “Wooden-built” or “Non-wooden built” and fill in the number of stories of the building (“thenumber” means how many floors the building has, not the floor on which the residence is located).
Terminology
a. Wooden-built: Structure (walls, pillars, floors, beams, roofs, and stairs) made of woodb. Non-wooden built: In parentheses, enter the structure of the building (that specified in the Order for
Enforcement of the Building Standards Act etc.).
 Number of units: Enter the number of residences in the building.
 Date of completion (entry example)
1998
Constructed in 1998, major
remodeling not implemented

Major
remodeling in(----)

Constructed in 1985, major
remodeling implemented in
2008

Major
remodeling in(2008)

1985

Terminology
 Major remodeling: As stipulated in Article 2, Item 14 of the Building Standards Act, work that remodels
more than half of one or more components of the building structure The structure includes walls, pillars,
floors, beams, roofs, and stairs excluding partition walls, studs, pilasters, raised floors, floors on thebottom floor, small beams, eaves, local small stairs, outdoor stairs, and other similar building parts thatare not important in the building structure.
 Floor layout (entry example)
3DK( 3 ) LDK - DK - K / One room /One room( 3 ) LDK - DK - K / One room /2LDKS( 2 ) LDK - DK - K / One room / with service room
Terminology
a. K: Kitchen
b. DK: Dining kitchenc. LDK: Living dining kitchen
 Area: Enter the area of the individual unit excluding any balcony. If there is a balcony, use parentheses as shownin the entry example below and enter the balcony area there.
Entry example:

Individual unit area excluding balcony: 50 m2
Balcony area: 10 m2
 50 m2 (plus 10 m2 of balcony)– 66 –

 Facilities: Circle the applicable options and enter special remarks, such as performance, wear, and loaned
quantities of facilities if any, in the space on the right side.
Toilet: Circle “Exclusive” or “Shared” and “flush” or “non-flush.”
Bath: If a bath fan or reheater is equipped, indicate accordingly.
Space for washing machine: Enter the location (indoor or outdoor), the availability of a waterproof pan for
the washing machine, etc.
Lighting fixtures included: If lighting is equipped, enter the type and replacement date of bulbs.
Automatic lock: Enter the unlock method for the automatic lock.
Terrestrial digital TV/CATV: Circle the applicable method and enter any other notes if any.
Internet: Enter the contract details such as a line type (CATV, fiber-optic line, ADSL line, etc.) and line
capacity.
Mailbox: Enter the unlock method for the mailbox.
Parcel delivery box: Enter the box number or the number of loaned cards.
Key: Enter the key number and the number of loaned keys in parentheses.
Electricity capacity: Enter the value in parentheses.
If there are additional facilities that should be indicated, such as a telephone, use the space under “Key.” Facilities included: Circle “Y” for facilities covered by this Contract and circle “N” for those not covered by thisContract. If there are any items that should be indicated, such as facility overview or accessible garden area,
enter them in the space on the right side.
Parking: Enter the number of contracted cars and the space numbers in the underlined portion.
Motorcycle parking: Enter the number of contracted motorcycles and the space numbers in the underlined
portion.
Bicycle parking: Enter the number of contracted bicycles and the space numbers in the underlined portion.
For facilities covered by another contract, circle “N” and enter “Another contract” in the space on the right side.
If there are additional facilities that should be indicated, use the space under “Private garden.”(2) Contract period
Start date: If the date of the contract differs from the date on which occupancy is permitted, enter the latter.
(3) Rent and other fees

 Due date: Circle “current month’s rent” or “following month’s rent.”
 How to pay: In the case of bank transfer or direct debit, enter the bank name etc. of the landlord. Type ofaccount: Circle “Futsu (ordinary)” or “Toza (current).” Transfer fees borne by: Circle “landlord” or “tenant.”

 Other lump-sum payment: When special provisions are made for lump-sum payments other than a security
deposit, enter the special provisions and the name, amount, etc. of the lump-sum payment in the special
provision section of Article 19.

 Fee for use of attached facilities: If a fee for use of attached facilities is collected separately from the rent, enter
the name of the facilities, the amount of the usage fee, etc. in this section.

 Other: If an amount of money not stated in “Rent,” “Common service fee,” “Security deposit,” “Other lump-sum
payment,” or “Fee for use of attached facilities” is paid or received (if landlord collects utility bills for individual
units and pays them to utilities in a lump sum, for example), enter the details, amount of money, etc. in thissection.
(4) Landlord and management

 Manager: If the management of the property is entrusted to a management company, enter the address,
company name, and phone number of the company. If the management company has registered as a Rental
Housing Manager, enter the registration number.
If an individual manages the property as a manager, enter his/her address, name, and phone number.
Terminology


Rental Housing Manager Registration System: a voluntary registration system based on a notificationby the Ministry of Land, Infrastructure, Transport and Tourism to ensure the proper management ofrental housing and protect the interests of the landlord and tenant by establishing rules for rental
housing management (Enforced on December 2011)

 Owner of the building: If the landlord does not own the building, enter the address, name (company
name/representative), and phone number of the building owner.

– 67 –

(5) Tenant and co-occupants Tenant: Enter the tenant’s name and age for the purpose of identification.
 Co-occupants: Enter the names, ages, and total number of people residing with the Tenant.
 Contact in case of emergency: Enter the location where the landlord or management company can contact thetenant in case of emergency, such as a place of work or relative’s address. It would be desirable tocommunicate with the contact in case of emergency at the time of concluding the contract to confirm thathe/she will act as the contact and may be asked to respond to the tenant’s sudden illness or deterioration,
safety confirmation, water leakage, etc. in addition to contacting the tenant.
[In the case of guarantor](6) Guarantee provided by joint and several guarantor and limit of guarantee

 Joint and several guarantor: Enter the guarantor’s address, name, and phone number.
 Limit: Enter the limit of the tenant’s liabilities that the guarantor will bear. Examples of indicating the limit
include: “XX yen (equivalent of YY months’ rent with a monthly rent determined by the contract),” “XX months’
rent with a monthly rent determined by the contract,” and “XX yen.” The limit determined by the contract
remains constant and is applied intact regardless of changes in the rent.
[In the case of rental liability guarantee firm](6) Guarantee provided by rental liability guarantee firmEnter the address, company name, and phone number of the rental liability guarantee firm. If the firm is a
registered rental liability guarantee firm, enter the registration number.
Terminology


Rental Liability Guarantee Firm Registration System: a voluntary registration system based on a
notification by the Ministry of Land, Infrastructure, Transport and Tourism to ensure the proper
operation of rental liability guarantees and protect the interests of a landlord and tenant by establishingrules for rental liability guarantees. (Enforced on October 2017)

Articles[Article 8. Prohibited or restricted acts]
According to individual circumstances, modification, addition, and deletion are allowed for Table 1 excluding the acts
listed as Items 6 through 8, Tables 2 and 3.
For modifications, draw a double line etc. on the relevant part and enter new text. The landlord and tenant are thenrequired to affix their seals on the double line.
For additions, enter new items in the space under the existing examples. The landlord and tenant are then required toaffix their seals on the entries for each additional item.
For deletions, draw a double line etc. on the relevant part. The landlord and tenant are then required to affix their seals
on the double line.
[Article 9. Repairs during the term of the Contract]
According to individual circumstances, modifications, additions, and deletions are allowed for Table 4.
For modifications, draw a double line etc. on the relevant part and enter new text. The landlord and tenant are thenrequired to affix their seals on the double line.
For additions, enter new items in the space under the existing examples. The landlord and tenant are then required toaffix their seals on the entries for each additional item.
For deletions, draw a double line etc. on the relevant part. The landlord and tenant are then required to affix their seals
on the double line.
[Article 15. Restoration to original condition upon vacating]Fill in “I-3. Estimated units for restoration to original condition” in Table 5 according to the purpose of the lease.
Just as a guide, it would be desirable for the landlord and tenant to describe the known “estimated units forrestoration to original condition” as much as possible in order to prevent trouble related to restoration to original
condition.
In the “Subject portion” column of the “Estimated units for restoration to original condition,” enter portions where
repairs are expected or for which unit prices need to be indicated or known in advance.
For specific subject portions, see “I-3. Estimated units for restoration to original condition” of “Table 3. Forms for
Conditions of Restoration to Original Condition Attached to the Contract” in “Trouble Regarding Restoration to
Original Condition and Related Guidelines (2nd Ed.)” (in Japanese).
It is possible to enter other subject portions than listed below. If you add new portions, enter their units and unit
prices.

– 68 –

If there are matters specified as special provisions for restoration to original condition, it would be desirable that they
be entered in the section under “II. Exceptional Special Provisions” in Table 5, the landlord and tenant affix their seals
on the entries for each item, as well as sign and affix their seals for final confirmation.
Examples of items specified as special provisions include:Allowing a tenant to keep pets in his/her room but holding him/her responsible for the entire cost of replacing
wallpaper

Reference: “I-3. Estimated units for restoration to original condition” of “Table 3. Forms for Conditions of Restoration
to Original Condition Attached to the Contract” in “Trouble Regarding Restoration to Original Condition
and Related Guidelines (2nd Ed.)” (in Japanese)
Subject portion
Room cleaning service

Unit

Unit price(in yen)Subject portion

Package

Chime/intercom

Unit
Unit

MailboxQty.

m2

Electric/gas stove

Set

Ceiling (wallpaper)

m2

Water heating system

Set

ClosetPlace

Cabinet

Place

Sink

Set

Water supply/drainage
facilities

Set

Mirror

Unit

ShowerSet

Wooden floor

m2

Tatami

Qty.

Carpetingm2

Wall (wallpaper)

Window (glass, frame)

Qty.

Window screen (screen,frame)

Qty.

Sliding door

Qty.

Shoji screen

Qty.

Facilities, etc.

Fixtures

Place

Kitchen

Ceilings, walls

Qty.

Shoe cupboard

m2

Entrance, hallway

Floors

Entrance door lock and key

Cushion flooring

Qty.

Curtain rail

Place

Shutter

Place

PillarPlace

Washstand

Set

Partition

Place

Chain and rubber plug

Qty.

Entrance door

Place

Water heater

Set

Water heating system

Set

BathtubSet

Lid and fixings

Set

Toilet bowl

Set

Water supply/drainage
facilities

Set

Waterproof pan for washingmachineSet

Towel hanger

Qty.

Paper holder

Qty.

Qty.

Bulb, light

Qty.

SwitchCommonFacilities, etc.

OutletBathroom, bath sink, toilet

Interior door

Lighting fixture

Qty.
Qty.

Air conditioner

Unit

TV terminal

Qty.

Exhaust fan

Qty.

Balcony

Qty.

Drying hardware

Qty.

Unit price(in yen)Notes:The unit prices shown above are rough estimates, intended to achieve a mutual understanding of estimated costs
between the Tenant and the Landlord at the time of occupancy. Accordingly, at the time of vacating, the unit prices
may change in consideration of matters such as fluctuations in prices and stocks of materials, the extent of damage,and construction methods used.

– 69 –

[In the case of guarantor][Article 17. Joint and several guarantor]
Enter the limit in the “Limit” section under (6) of Heading. Then, the guarantor is required to sign and affix his/her seal
and the landlord and tenant must also sign and affix their seals. Examples of indicating the limit include: “XX yen(equivalent of YY months’ rent with a monthly rent determined by the contract),” “XX months’ rent with a monthly rent
determined by the contract,” and “XX yen.” The limit determined by the contract remains constant and is applied intact
regardless of changes in the rent.
[Article 19. Special contract clause]Enter matters specified as special provisions in the space. Then, the landlord and tenant are required to affix their seals
on the entries for each item, as well as sign and affix their seals for final confirmation.
Examples of items specified as special provisions include: Details of the permission to keep pets in a tenant’s room (if such an act was originally prohibited in theproperty) (related to Article 8) Procedures for using property for residential and business purposes (if the latter is permitted) (related to Article3)

 Details of insurance (if it is bought)
Consent forms (examples)(1) Consent Form for the Transfer of the Right of Lease (example) (related to Article 8, Paragraph 1 of
the Regular Rental Housing Contract - Standard Type)(2) Consent Form for Subleasing (example) (related to Article 8, Paragraph 1 of the Regular Rental
Housing Contract - Standard Type)(3) Consent Form for Extension, Renovation, Etc. (example) (related to Article 8, Paragraph 2 of theRegular Rental Housing Contract - Standard Type)(4) Consent Form for Permitting Acts Listed in Tables 2 of the Regular Rental Housing Contract Standard Type (example)(related to Article 8, Paragraph 4 of Regular Rental Housing Contract - Standard Type)– 70 –

OmittedDescription of Regular Rental Housing Contract - Standard TypeThe main body of the Regular Rental Housing Contract - Standard Type consists of Heading, Articles, Tables, and space forsigning and sealing.
Main body of Contract
Heading(4) (5)Predeterminedmatters

Article 1. Contract formation

Heading (1)Article 2. Contract period and renewal

Heading (2)Article 3. Purpose of use
Article 4. Rent
Article 5. Common service fee

Heading (3)Notes for Execution(Heading and Articles)

Article 6. Security deposit
Article 7. Exclusion of antisocial forces

Tables 1 to 3
Consent forms(examples)

Article 8. Prohibited or restricted acts
Article 9. Repairs during the term of the Contract

Table 4

Article 10. Cancellation of the Contract
ArticlesArticle 11. Cancellation by the Tenant
Article 12. Reduction of rent due to partial loss of the Property etc.
Article 13. Termination of the Contract
Article 14. Vacating
Article 16. Entry[In the case of guarantor]
Article 17. Joint and several guarantor[In the case of rental liability guarantee firm]
Article 17. Guarantee provided by rental liability
guarantee firm

Heading (6)Article 18. Discussion
Space for signingand sealing

Matters under special
contract clause

Table 5

Article 15. Restoration to original condition upon vacating

Article 19. Special contract clause

Estimated
units forrestoration
to original
condition(example)

Heading (3)Figure: Structure of Regular Rental Housing Contract - Standard Type

Heading
The standard contract has a heading to list the outline of the purpose of lease, contract matters such as the contract
period and rent, the names of the landlord, tenant, management company, and co-occupants as well as the name of
the joint and several guarantor and the limit (company name of the rental liability guarantee firm if one is used). The
purpose of the heading is to clarify the intention of the parties involved, prevent omissions, and list the main contentsof the contract by helping the parties enter the contract matters all together.
For the specific entries in the headline, etc., see Notes for Execution - Heading.
Articles1.

Note: The following articles of the Civil Code refer to those revised in 2017.

Article 1. Contract formation
This article declares the conclusion of a lease contract. A lease contract is a consensual contract which is concluded by
the coincidence between the declared intention of application and that of acceptance. However, it is important foreach party involved to make a written contract so that there will be no doubt about the conclusion of the contract.
From the viewpoint of preventing disputes, it would be desirable that the Landlord provide sufficient information incooperation with a mediator if any, the Tenant take a cautious response such as signing and sealing a contract after
carefully checking a rental property and contract details, the mediator explain the important matters and deal with thecontract without delay, and the Landlord sign and seal the contract without delay.

2.

Article 2. Contract period and renewal
Paragraph 1 stipulates that the contract period be from “Start date” to “End date” as specified in (2) of Heading during
which, as a general rule, one party shall have credits or debts to the other party under this Contract.

– 71 –

Paragraph 2 describes, for confirmation, that a lease contract is not necessarily terminated upon the expiration of thecontract period, but can be renewed by agreement between the parties (agreement renewal).
3.

Article 3. Purpose of use
Since this Contract is for the leasing of private rental housing (excluding company housing), the purpose of use islimited to the Tenant’s residence.
However, if special provisions are made, the Tenant can use the Property for other purposes than residence while
occupying it.
 See 19. Article 19. Special contract clause.
 See Notes for Execution - Articles, [Article 19. Special contract clause].

4.

Article 4. Rent
Paragraph 1 stipulates that the Tenant pay the rent in accordance with (3) of Heading.
Paragraph 2 describes the method for paying the rent according to the actual contract period by prorated calculation.
There may be two types of the denominators for prorated calculation: actual number of days in different months andconstant number of days for any month. The latter (30 days a month) is used for an easier calculation.
Paragraph 3 stipulates that the rent can be revised during the contract period by mutual agreement of the parties if
any one of the factors shown in the Items under this Paragraph applies.

5.

Article 5. Common service fee
Paragraph 1 stipulates that the common service fee be paid by the Tenant to the Landlord as expenses for lighting,fuel, water supply, sewerage, cleaning, etc. equivalent to the actual costs necessary for the maintenance andmanagement of common spaces, such as stairs, corridors, etc., of rental housing. There is usually no common service
fee for detached rental housing.
Paragraph 2 stipulates that the Tenant pay the common service fee in accordance with (3) of Heading.
Paragraph 3  See 4. Article 4. Rent, Paragraph 2.
Paragraph 4 stipulates that the common service fee can be revised by mutual agreement of the parties if there is achange in the costs necessary for the maintenance and management of common spaces (a change in electricity
charges, for example).

6.

Article 6. Security deposit
Paragraph 1 stipulates that the Tenant pay a security deposit to the Landlord as security against the Tenant’s liabilities
arising from the housing rental contract. The Civil Code revised in 2017 defines a security deposit, regardless of
nominal terms, as an amount of money paid by the tenant to the landlord for the purpose of guaranteeing liabilities
for rent and other liabilities used for payment by the tenant to the landlord caused by the lease (Article 622-2,
Paragraph 1 of the Civil Code).
Paragraph 2 stipulates that, since a security deposit is security against the Tenant’s liabilities, the Landlord may use
the security deposit to offset any unpaid liabilities of the Tenant but the Tenant may not demand to use the security
deposit to offset any rent, common service fee, or other unpaid liabilities before moving out.
Paragraph 3 stipulates that the Landlord refund the whole amount of the security deposit when the Tenant vacates
the Property but if the Tenant has any default (unpaid rent, unpaid repair costs incurred to return the Property to its
original condition, etc.) the Landlord can refund the security deposit by deducting such liabilities from it. That is, theliabilities upon vacating the Property and those upon refunding the security deposit are not simultaneously fulfilled,
and the security deposit shall be refunded when the vacating is completed.
Paragraph 4 stipulates that, in the above case (when the security deposit is applied to the Tenant’s liabilities), theLandlord present a breakdown of the deducted amount to the Tenant.

7.

Article 7. Exclusion of antisocial forces
Paragraph 1 stipulates that, for the purpose of the exclusion of antisocial forces such as organized crime, the Landlord
and Tenant pledge to the other party that they themselves or their officers do not qualify as antisocial forces(Paragraphs 1 and 2) or cooperate with antisocial forces (Paragraph 3). In addition, Paragraph 1 stipulates that theypledge that they will not engage in acts of violence etc. toward the other party, either themselves or through use of athird party (Paragraph 4).
Paragraph 2 prohibits transfer of the right of lease or subleasing the Property to antisocial forces. To clarify theprohibition in spite of the Landlord’s consent without knowing of the fact of a transferee or sublessee being antisocial
forces, Paragraph 2 provides that the transfer or subleasing is prohibited regardless of whether the Landlord consents
or not.

8.

Article 8. Prohibited or restricted acts
Paragraph 1 stipulates that transfer of the right of lease or subleasing the Property is subject to the Landlord’s written– 72 –

consent. If the right of lease is transferred, the Landlord will be obliged to refund the security deposit (Article 622-2,
Paragraph 1 of the Civil Code).
 See Consent forms (examples), (1) Consent Form for the Transfer of the Right of Lease (example) and (2)Consent Form for Subleasing (example).
Paragraph 2 stipulates that enlargement, remodeling, etc. of the Property are subject to the Landlord’s writtenconsent. As the Civil Code revised in 2017 explicitly states that it is not mandatory to remove facilities attached torental property that cannot be separated from the property or require excessive costs for separation (Article 622,
Article 599, Paragraph 1of the Civil Code), Consent Form for Extension, Renovation, Etc. may include a cautionary note,such as “It is not mandatory to remove XX (attached facilities).” From the viewpoint of preventing disputes, it would bedesirable to agree in advance of enlargement, remodeling, etc. on the Consent Form for Extension, Renovation, Etc.
regarding the presence or absence of restoration obligations, a request for reimbursement of beneficial expenses, or arequest for purchase of joinery.
 See Consent forms (examples), (3) Consent Form for the Transfer of the Right of Lease (example).
Paragraph 3 lists prohibited acts in Table 1. It stipulates that the acts listed in Table 1, except those under Items 6through 8, can be modified or deleted or new acts can be added to Table 1 by agreement between the parties.
 See Notes for Execution - Articles, [Article 8. Prohibited or restricted acts].
Paragraph 4 lists acts in Table 2, which are allowed if the Landlord’s written consent is obtained. It stipulates that theacts listed in Table 2 can be modified or deleted or new acts can be added to Table 2 by agreement between theparties.
 See Notes for Execution - Articles, [Article 8. Prohibited or restricted acts].
 See Consent forms (examples), (4) Consent Form for Permitting Acts Listed in Tables 2 of the Regular Rental
Housing Contract - Standard Type (example).
Paragraph 5 lists acts in Table 3, which are allowed subject to notification to the Landlord. It stipulates that the acts
listed in Table 3 can be modified or deleted or new acts can be added to Table 3 by agreement between the parties.
Modification of articles

9.

When the Landlord entrusts the receipt of the notification prescribed in Paragraph 5 to a managementcompany, replace “the Tenant shall notify the Landlord” in Paragraph 5 with “the Tenant shall notify theLandlord or the management company” or “the Tenant shall notify the management company.”Generally, delete Items 1 and 2 from Table2 in a contract for detached rental housing.

When the addition of non-family members to the co-occupants is made subject to consent, replace (i) of
Table 3 with “Residing with the Tenant’s family member(s) added to the co-occupants specified in (5) above,
excluding children born during the period of the contract,” and add “Residing with the Tenant’s non-family
member(s) added to the co-occupants specified in (5) above” to Table 2.

Article 9. Repairs during the term of the Contract
Paragraph 1 stipulates that the Landlord be responsible for performing all repairs to the purpose of lease and theTenant be requested to pay the cost of repairs caused by the Tenant. The Civil Code excludes repairs caused by the
Tenant from the Landlord’s scope of obligation of repair (Article 606, Paragraph 1 of the Civil Code). In terms of the
management of a building, it would be reasonable that the Landlord is responsible for performing all repairs and theTenant is requested to pay the cost of repairs caused by the Tenant. Therefore, Paragraph 1 stipulates that in principle
the Landlord perform repairs and pay the cost of the repairs; for repairs caused by the Tenant, perform the repairs
with the cost of the repairs paid by the Tenant. The cost borne by the Tenant in this case has the meaning ofcompensation for damages caused by the Tenant’s default.
Paragraph 2 stipulates that, when the Landlord and/or a contractor entrusted by the Landlord needs to enter anindividual unit to carry out repairs, notification by the Landlord is required, and the Tenant cannot refuse permission
to carry out such repairs without good reason as Article 606, Paragraph 2 of the Civil Code stipulates so.
Paragraph 3 stipulates that the Tenant notify the Landlord of any necessary repairs it has identified and consult with
the Landlord on the necessity of such repairs. From the viewpoint of preventing disputes, it would be desirable thatthe notification of the necessity of repairs be made in writing or by means of electronic records, such as an e-mail.
Paragraph 4 stipulates that the Tenant may carry out repairs if the Landlord has failed to conduct such repairs without
good reason despite the fact that the necessity of such repairs is recognized and the costs of such repairs be handled
as described in Paragraph 1.
The Civil Code revised in 2017 provides that the Tenant may carry out repairs  if the Landlord fails to conduct
necessary repairs within a reasonable period of time despite the fact that the Tenant notifies the Landlord of the– 73 –

necessity of repairs or the Landlord knows that effect, or  in case of an emergency (Article 607-2 of the Civil Code).
Based on the content of the preceding provision, Paragraph 4 has been prescribed.
Paragraph 5 stipulates that the Tenant can make inexpensive repairs listed in Table 4 at its own cost as it is assumed
that certain repairs can be carried out at low cost, do not cause any disadvantages to the Landlord, including damage
to the building, or may otherwise cause inconvenience to the Tenant if left to be repaired by the Landlord. The Tenant
can also request the repairs listed in Table 4 from the Landlord according to Paragraph 1. Therefore, the right toreimbursement of expenses would be excluded for the repairs made by the Tenant according to Paragraph 5.
It stipulates that the repairs listed in Table 4 can be modified or deleted or new repairs can be added to Table 4 byagreement between the parties.
 See Notes for Execution - Articles, [Article 9. Repairs during the term of the Contract].
10. Article 10. Cancellation of the Contract
Paragraph 1 prescribes the Tenant’s violation of obligations of feasance (must do), specifies “notice” as a requirement
based on the purpose of Article 541 of the Civil Code, and stipulates that the Landlord can cancel the Contract if the
Tenant does not fulfill the obligations despite the notice.
Paragraph 2 prescribes the Tenant’s violation of obligations of nonfeasance (must not do), specifies “notice” as arequirement in the same manner as Paragraph 1, and stipulates that the Landlord can cancel the Contract if the Tenantdoes not fulfill the obligations despite the notice and the Landlord therefore is unable to continue the Contract.
Paragraph 3 stipulates that either party may cancel the Contract without prior notice when it is clear that the otherparty has violated the pledges under the subparagraphs of Article 7, Paragraph 1 or when it or its directors qualify as
antisocial forces after conclusion of the Contract. The Civil Code revised in 2017 stipulates in Contracts - General
Provisions that the Contract can be canceled without prior notice if repudiation of performance is clearly stated by the
debtor or it is clear that there is no prospect of enough fulfillment to achieve the Contract purpose in spite of thenotice (Article 542, Paragraph 1 of the Civil Code).
 See 7. Article 7. Exclusion of antisocial forces, Paragraph 1
Paragraph 4 stipulates that if either the Tenant has violated any of the rules under Article 7, Paragraph 2 or has
committed any of the acts listed under items 6-8 of Table 1 among prohibited acts under Article 8, Paragraph 3, thenthe Landlord may cancel the Contract without prior notice.
 See 7. Article 7. Exclusion of antisocial forces, Paragraph 2
 See 8. Article 8. Prohibited or restricted acts, Paragraph 3
Canceling lease contracts without prior notice
Legal precedents acknowledge canceling lease contracts without prior notice in the case where there istreachery that exceedingly violates the Tenant’s obligations and makes the continuation of the lease contract
extremely difficult, such as rent unpaid for extended periods, damage to the rental property, etc. (Ruling of theSupreme Court of Japan, February 18, 1972, civil procedure casebook of the Supreme Court of Japan Vol. 26,
No. 1, p. 63; Ruling of the Supreme Court of Japan, April 26, 1974, civil procedure casebook of the Supreme
Court of Japan Vol. 28, No. 3, p. 467, etc. as it is called doctrine concerning damage to relationship of trust)
11. Article 11. Cancellation by the Tenant
Paragraph 1 prescribes the case where the period for the Tenant to terminate the lease contract (cancellation notice
period) is 30 days or more.
The reason for setting the cancellation notice period of 30 days is to match the 30-day denominator for prorated
calculation of the rent and common service fee stated in Articles 4 and 5.
 See 4. Article 4. Rent, Paragraph 2.
Paragraph 2 prescribes the case where the cancellation notice period is less than 30 days and stipulates that the
Tenant may cancel the Contract anytime by paying the rent for 30 days and the amount equivalent to the rent.
Example: Canceling the Contract on September 30
Paragraph 1: Give at least 30 days’ notice of cancellation

Give notice of cancellation

September 30
Date of cancellation

Vacating by September 30
August 31(30 days before cancellation)

Rent payment period– 74 –

Note: If vacating is scheduled on September 30, notice of cancellation shall be given before August 31. If rent
for September is paid by the end of the previous month, the paid rent will be applied.
Paragraph 2: Give notice of cancellation on September 10
Give notice of cancellation September 30
September 10
Date of cancellation
October 9

August 31(30 days before
cancellation)
Rent payment period

Rent for 30 days
(and the amountequivalent to the rent)
30 days from the date ofgiving notice of cancellation

Note: If notice of cancellation is given on September 10 with vacating scheduled on September 30, the Tenant
will need to pay the rent for 30 days from the date of giving notice of cancellation, that is, the rent until
October 9 (and the amount equivalent to the rent). If the rent for September is paid by the end of theprevious month, the Tenant will need to pay the amount equivalent to the rent from October 1 to
October 9. As for any common service fee, the Tenant will need to pay the common service fee for theperiod of use according to Article 5, Paragraph 3 regardless of the day on which the notice ofcancellation is given (September 10 in the example above). For example, if the Contract is canceled on
September 30, the Tenant shall pay the common service fee for September in full.
12. Article 12. Reduction of rent due to partial loss of the Property etc.
Paragraph 1 stipulates that if a part of the Property has become unusable due to loss or other reasons for which the
Tenant was not responsible, the rent shall be reduced in amount according to the percentage of the Property that has
become unusable and the Landlord and Tenant shall discuss the details of the reduction. The Civil Code revised in2017 stipulates that the rent be reduced if a part of the rental property has been lost due to reasons for which the
Tenant was not responsible even though it used to provide that the reduction of the rent can be claimed in such acase (Article 611, Paragraph 1 of the Civil Code).
As there are no clear criteria based on accumulated legal precedents concerning the degree of partial loss or the rateof the reduction, it would be desirable, from the viewpoint of preventing disputes, for the Tenant to notify theLandlord of partial loss, if any, and the Tenant and Landlord to discuss the rent and agree on an appropriate reduction
rate and period as well as a reduction method (whether part of the rent is exempted for a certain period withoutchanging the rent or the rent itself is changed).
Paragraph 2 acknowledges the Tenant’s right to cancel in a case where part of the Property has become unusable due
to loss or other reasons and the remaining portion alone is not sufficient to satisfy the purpose of leasing the Property.
The cancellation is acknowledged even if the Tenant was responsible for loss or other reasons (Article 611, Paragraph
2 of the Civil Code).
13. Article 13. Termination of the Contract
This Article stipulates that the Contract be terminated if the entirety of the Property has become unusable due to lossor other reasons. The Civil Code revised in 2017 stipulates that the lease be terminated if the entirety of the Property
has become unusable or unprofitable due to loss or other reasons (Article 616, Paragraph 2 of the Civil Code).
14. Article 14. Vacating
Paragraph 1 stipulates that the Tenant vacate the Property before or upon the expiration of the contract period or by
the day on which the Contract terminates in the case of the cancellation by the Tenant (Article 11).
It also stipulates that the Tenant vacate the Property immediately in the case of the cancellation of the Contract(Article 10).
Paragraph 2 stipulates that, when vacating is planned, the Tenant notify the Landlord of the date of vacating in
advance from the viewpoint of the parties’ convenience.
15. Article 15. Restoration to original condition upon vacating
Paragraph 1 stipulates that as a general rule the Tenant restore the Property to its original condition, excluding wear
and tear caused by normal use or aging of the Property, but need not restore damage caused by reasons for which it
was not responsible. The Civil Code revised in 2017 prescribes the Tenant’s restoration obligations (Article 621 of the
Civil Code), which explicitly states a judicially created doctrine and does not include any substantial changes.
The tenant shall undertake restoration obligations for wear and tear caused by its willful acts or negligence, violationof its duty to perform the due diligence of a good manager, etc., but will not have to pay repair costs in full. Based on
the premise of aging and normal wear and tear, it would be reasonable to consider the passage of time of a building,– 75 –

facilities, etc., and reduce the share of responsibilities as the number of years increases (See page 12 of “Trouble
Regarding Restoration to Original Condition and Related Guidelines (2nd Ed.)” (in Japanese) (August 2011)).
Paragraph 2 stipulates that, in order to prevent trouble related to costs of restoration to original condition, theLandlord and Tenant, upon vacating the Property, pursuant to the provisions of Table 5, discuss the details andmethods of the restoration to be carried out by the Tenant, including any special provisions established as exceptions
at the time of concluding the Contract.
The special provisions established at the time of concluding the Contract are “included in the discussion” because
there might be various contents and types with special provisions, and checking “the identification of what parts
represent the special provisions” or “the judgment of whether wear and tear of the property is normal or not” against
the concept of “Trouble Regarding Restoration to Original Condition and Related Guidelines (2nd Ed.)” (in Japanese)might need discussion.
At the time of vacating, it is desirable to confirm the considerations and passage of time in preparation for restoration
works, create a settlement statement specifying the share of responsibilities (see Table 4 on page 28 of “Trouble
Regarding Restoration to Original Condition and Related Guidelines (2nd Ed.)” (in Japanese) (August 2011)), and makesure of the agreement of both parties.
 See Notes for Execution - Articles, [Article 15. Restoration to original condition upon vacating].
 See “I-3. Estimated units for restoration to original condition” of “Table 3. Forms for Conditions of Restoration
to Original Condition Attached to the Contract” in “Trouble Regarding Restoration to Original Condition and
Related Guidelines (2nd Ed.)” (in Japanese).
 To prevent trouble regarding restoration to original condition, it is important that both Landlord and Tenant agree
on the conditions of restoration to original condition at the time of concluding the Contract, which are listed as
Table 5.
 As for entries in “I-3. Estimated units for restoration to original condition” in Table 5, it is assumed that the Landlord
and Tenant will confirm estimated unit prices concerning “Locations with frequent repairs due to the occupant’s
negligence etc.,” for example, in order to prevent trouble related to costs of restoration to original condition uponvacating.
 It is desirable to use “I-3. Estimated units for restoration to original condition” in Table 5 just as a guide and describe
the known “estimated units for restoration to original condition” as much as possible.
 To conclude a special agreement that imposes responsibilities on the Tenant as an exception, the following threerequirements must be met:
 There is necessity for the special agreement, and there are objective and reasonable grounds for it, such as thatthe obligations are not excessive.
 The tenant acknowledges that because of the special agreement, he/she is obliged to make repairs, etc. thatexceed ordinary obligations for restoration.
 The tenant has expressed the intention to undertake the obligations set forth by the special agreement.
(See page 7 of “Trouble Regarding Restoration to Original Condition and Related Guidelines (2nd Ed.)” (in Japanese)(August 2011).)
 Supreme Court ruling on requirements to make matters under special agreement for restoration to original
condition valid: Imposing the restoration obligations for normal wear and tear on a tenant is forcing a special,
unexpected burden on the tenant. To encourage the tenant to accept the obligations, a special agreement to that
effect (special agreement on repair of normal wear and tear) needs to be clearly agreed upon. To that end, thescope of normal wear and tear whose repair costs will be paid by the tenant needs to be specifically stated inprovisions of the lease contract. If the scope is not made obvious in the lease contract, the fact that the tenant
clearly understands verbal explanation of the scope by the landlord must be acknowledged as agreement (Ruling of
the Supreme Court of Japan, December 16, 2005, the Supreme Court of Japan - civil trial casebook No. 218, p.
1,239).
 Reference articles
Civil Code (Act No. 89 of April 27, 1896)
Note: Articles revised by Act No. 44 of 2017 to be enforced on April 1, 2020
Article 90. Public Policy
A juristic act which is against public policy is void.
Consumer Contract Act (Act No. 61 of May 12, 2000)
Note: Articles revised by Act No. 45 of 2017 to be enforced on April 1, 2020
Article 8. Nullity of Clauses Exempting a Trader from Liability for Damages
1. The following consumer contract clauses are void:i. clauses completely exempting a trader from liability to compensate a consumer for damage arising fromdefault by the trader;ii. clauses partially exempting a trader from liability to compensate for damage arising from default by thetrader (limited to default which arises due to an intentional act or gross negligence on the part of the
trader or the trader’s representative or employee);iii. clauses completely exempting a trader from liability to compensate for damage to a consumer arisingfrom a tort committed by the trader during the trader’s performance of the consumer contract; and– 76 –

iv. clauses partially exempting a trader from liability to compensate for damage to a consumer arising froma tort committed by the trader (limited to cases in which this arises due to an intentional act or grossnegligence on the part of the trader or the trader’s representative or employee) during the trader’sperformance of the consumer contract;
2. Among clauses as provided in items (i) and (ii) of the preceding paragraph in a case where a consumer
contract constitutes a contract for value, the preceding paragraph does not apply to those exempting thetrader from liability to compensate the consumer for damage that the consumer incurs if the delivered
subject matter does not conform to the contract content with respect to type or quality (or, in a case where
the consumer contract constitutes a contract for work, if a contractor delivers to the purchaser the subject
matter of the work that does not conform to the contract content with respect to type or quality (or, in a casewhere the delivery is not necessary, if the subject matter of the work does not conform to the contract
content with respect to type or quality upon the completion of the work) the same applies in this paragraph)and falling under either one of the following:i. the consumer contract provides that in the event of the delivered subject matter not conforming to thecontract content with respect to type or quality, the trader is responsible for subsequently completingthe fulfillment or reducing payments or compensation according to the degree of nonconformity; orii. a previously or simultaneously concluded contract between the contracting consumer and another trader
entrusted by the contracting trader, or a previously or simultaneously concluded contract made between
the contracting trader and another trader for the benefit of the consumer provides that, in the event of
the delivered subject matter not conforming to the contract content with respect to type or quality, theother trader is fully or partially responsible for compensating the consumer for damage that theconsumer incurs due to the subject matter not conforming to the contract content with respect to typeor quality, or for subsequently completing the fulfillment.
Article 8-2. Nullity of Clauses That Force Consumers to Waive Their Right to Cancel
1. Consumer contract clauses that force the consumer to waive the right to cancel that arises if the trader
defaults are void.
Article 9. Nullity of Clauses Stipulating the Amount of Damages to Be Paid by a Consumer
1. The following consumer contract clauses are void to the extent provided in each item:
i. clauses stipulating liquidated damages or a fixed penalty for contract cancellation in a total amount thatexceeds the average amount of damage that the trader would incur from the cancellation of a consumer
contract of the same type, as a function of the categories of circumstances established in those clausessuch as the reason for or timing of the cancellation: the part of the stipulated damages or penalty thatexceeds the average amount that would be incurred; andii. clauses stipulating liquidated damages or a fixed penalty for if the customer fails to pay all or part of anamount of money under the contract by the due date for payment (or by each of the due dates forpayment, if there are two or more payments; hereinafter the same applies in this item), in a total amountthat exceeds the amount arrived at when the amount owing on the due date less the part of that amountthat has actually been paid as of the due date is multiplied by 14.6% per annum, based on the number ofdays in the period from the day after the due date for payment until the day on which the money is paid:
the part of the stipulated damages or penalty that exceeds the amount so calculated.
Article 10. Nullity of Clauses Unilaterally Prejudicial to Consumers’ Interests
1. A consumer contract clause is void if it deems a consumer’s inaction to constitute the manifestation of an
intention to be bound by the offer of a consumer contract or by the acceptance of an offer for such acontract, or if it otherwise restricts a consumer’s rights or expands a consumer’s obligations beyond as whenlegal or regulatory provisions unrelated to public order are applied, unilaterally prejudicing the interests ofthe consumer in violation of the fundamental principle provided in Article 1, paragraph (2) of the Civil Code.
16. Article 16. Entry
Paragraph 1 stipulates that the Tenant have the right to use the Property freely within the scope of the Contract andthe Landlord cannot enter the Property in principle but the Landlord can enter the Property with prior consent of the
Tenant when the entry is necessary for fire prevention at the Property or property management such as themaintenance of the structure of the Property.
Paragraph 2 stipulates that without good reason the Tenant cannot refuse the Landlord’s entry in the case of thepreceding paragraph.
Paragraph 3 stipulates that next (prospective) tenants or transferees of the Property who hope to inspect the Property
can enter the Property with the prior consent of the Tenant.
Paragraph 4 stipulates that the Landlord can enter the Property without prior consent of the Tenant to prevent the
spread of fire or in any other emergencies. It also stipulates that the Landlord notify the Tenant of his/her entry later
when entering in the absence of the Tenant.

– 77 –

[In the case of guarantor]
17. Article 17. Joint and several guarantor
Paragraph 1 stipulates that a joint and several guarantor (hereafter called the “Guarantor”) be established as personal
guarantee to bear any liabilities of the Tenant arising under the lease contract. It also stipulates that the joint andseveral guarantee contract be effective after the renewal of the lease contract as it is understood that the joint andseveral guarantee contract will be effective unless there are special circumstances even though the lease contract isrenewed (Ruling of the Supreme Court of Japan, November 13, 1997, the Supreme Court of Japan - civil trial casebook
No. 186, p. 105). From the viewpoint of preventing disputes, it would be desirable that the Landlord strive to notify the
Guarantor of the renewal of the lease contract, if any.
Paragraph 2 ensures the browsability of the Contract and allows the Guarantor to recognize the limit amount at thetime of concluding the Contract by defining the limit amount borne by the Guarantor and indicating it under Heading
and in the space for signing and sealing. The Civil Code revised in 2017 stipulates that an individual guarantor beliable for a maximum of the limit amount (Article 465-2, Paragraph 1 of the Civil Code), and a guarantee contract withno limit amount be invalidated (Article 465-2, Paragraph 2 of the Civil Code). The limit amount represents the limit ofguarantee.
Paragraph 3 stipulates that in the event of the death of the Tenant or Guarantor, the principal of the liabilities borneby the Guarantor shall be fixed. The Civil Code revised in 2017 stipulates that the principal be fixed when  a creditor
has filed a petition for compulsory execution or execution of a security interest for credits with the purpose of thepayment of money concerning the property of a guarantor, and the proceedings for the compulsory execution or
execution of a security interest have started;  the guarantor is given a decision to start bankruptcy proceedings; or a main debtor or guarantor dies (Article 465-4, Paragraph 1 of the Civil Code). For confirmation and clarification,
the Contract describes that there are several circumstances in which the principal is fixed. Only  is prescribedwithout an intention to exclude  or . The basic concept that the principal is fixed when the main debtor diesmeans that the Guarantor is liable only for the debt occurring until the Tenant dies (up to the limit amount) and notliable for that occurring after the Tenant’s death. For example, the Guarantor’s scope of liability (principal) would notinclude the rent after the Tenant’s death. However, as the Guarantor’s actual scope of liability may vary depending on
cases and interpretation, the accumulation of legal precedents after the Civil Code revision in 2017 is expected. A
special agreement may be concluded to provide that the Tenant will entrust guarantee to a new joint and several
guarantor in the event of death or bankruptcy of the Guarantor.
Paragraph 4 stipulates that, as requested by the Guarantor, the Landlord is obliged to provide such information as thestate of payment of the rent etc. and amounts in arrears. The Civil Code revised in 2017 stipulates that, as requestedby the Guarantor, the creditor is obliged to provide such information as the amount or fulfillment of obligations(Article 458-2 of the Civil Code). It would be desirable that the Landlord provide information in writing or by means ofelectronic records, such as an e-mail. In spite of the fact that the Tenant continuously fails to pay, if the Landlord does
not notify the Guarantor and allows the Tenant to renew the Contract unnecessarily, requesting the performance ofthe guarantee obligations may be denied against the principle of faith and trust (Ruling of the Supreme Court ofJapan, November 13, 1997, the Supreme Court of Japan - civil trial casebook No. 186, p. 105, mentioned above).
Therefore, it would be desirable to actively provide information to the Guarantor even if he/she does not request
information. With regard to this point, a special agreement may be concluded at the time of concluding a guarantee
contract to provide that, if the Tenant’s arrears continue for XX months, the Landlord notify the Guarantor.
[In the case of rental liability guarantee firm]
17. Article 17. Guarantee provided by rental liability guarantee firmThis Article stipulates that guarantee provided by a rental liability guarantee firm be used as institutional guarantee tobear any liabilities of the Tenant arising under the lease contract. It also stipulates that the details of the guarantee bebased on a contract etc. separate from this Contract and the Landlord and Tenant complete the procedures necessary
to make the guarantee available on the start date of the Contract period.
When the guarantee provided by a rental liability guarantee firm is used, “Contact in case of emergency” indicated in(5) of Headline may be used for the confirmation of the safety etc. of the Tenant.
18. Article 18. Discussion
It is desirable to prescribe all the rights and obligations of the Landlord and Tenant in the Contract in advance, but it is
impossible in the real world and questions may arise concerning the interpretation of Articles. This Article assumes
such cases and prescribes how to handle them.
19. Article 19. Special contract clauseThis Article stipulates that special provisions other than the provisions stipulated through Article 18 can be made byagreement between the parties according to individual circumstances.

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Prerequisites for making special provisions are that the Tenant clearly understands the contents of the special
provisions and agrees to make them part of the Contract in the same manner as those concerning restoration tooriginal condition. (It is desirable that the Landlord and Tenant affix their seals on the entries for each item, as well assign and affix their seals for final confirmation.) See 15. Article 15. Restoration to original condition upon vacating See Notes for Execution - Articles, [Article 19. Special contract clause].

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Changes upon the Publication of the Third Edition (Information on Japanese version)
1. In response to the revision of the Real Estate Brokerage Act, the following modification and addition have beenmade.

 Changed “real estate transaction specialist” in the text to “real estate notary” or “real estate broker” (Enforcedon April 1, 2015)

 Added the “Summary of results of inspection of building conditions” section to the Important Points
Explanation of Property to be Leased (Enforced on April 1, 2018) (p. 47)
2. In response to the revision of the Ordinance for the Prevention of Residential Rental Disputes in Tokyo and theRegulations for Enforcement of the Ordinance, the outline of the revision has been added and the articles havebeen replaced. (pp. 40 to 43)
3. The following have been added as reference.

 Revision of the Civil Code (p. 34)
 DIY-Type Lease (p. 35)
 Full-scale operation of IT-based explanations of important matters related to lease transactions and the
explanation of the Ordinance for the Prevention of Residential Rental Disputes in Tokyo (p. 55)

4. Regular Rental Housing Contract - Standard Type (as of March 2018) (March 30, 2018, Ministry of Land,
Infrastructure, Transport and Tourism) has been included. (pp. 56 to 79)
5. Other information has been updated as appropriate.

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Tokyo Metropolitan Government’s consultation services
Realty Section, Housing Planning
Department, Office for Housing
Policy, Tokyo Metropolitan
Government

Consultation on real-estatetransactions*

Via phone*

Face-to-face, no reservation
required

3rd Floor - North Side, TMG No. 2
Building, 8-1 Nishi-Shinjuku
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Tokyo Metropolitan Special
Consultation Office for Real EstateTransactions

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Central Plaza 16F, 1-1, Kaguragashi,
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Legal consultation with a lawyer*

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Rental Housing Hotline

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Mon to Fri: 1 p.m.–4 p.m.
(in Japanese only)
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(in Japanese and English)
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All closed on national holidays and New Year holidays (December 29 to January 3)– 81 –

03 (5320) 7744

Guidelines for Preventing Tenant-Landlord Disputes
Edited and published by

December 2019

Realty Section, Housing Planning Department, Office for Housing Policy, Tokyo
Metropolitan Government
2-8-1 Nishi-Shinjuku, Shinjuku-ku, Tokyo 163-8001
Phone: 03 (5321) 1111 (switchboard)– 82 –