Guidebook for
Tenants & Landlords
Ordinance for the Prevention of Residential Rental Disputes in Tokyo & Guidelines
for Preventing Tenant-Landlord Disputes

Office for Housing Policy, Tokyo Metropolitan Government

In the event of any inconsistency or discrepancy between
the Japanese version and the English version,
the Japanese version shall prevail.
December 2019

I

Ordinance for the Prevention of
Residential Rental Disputes in Tokyo[Promulgated on March 31, 2004, enforced on October 1, 2004. Amended ordinancepromulgated and enforced on October 13, 2017.]
http://www.juutakuseisaku.metro.tokyo.jp/juutaku_seisaku/tintai/310-0-jyuutaku.htm (in Japanese)

What kind of ordinance is this?
The Tokyo Metropolitan Government established this Ordinance to prevent rental housing-related disputes, which
are increasing in recent years. Such disputes include those related to maintenance and repairs during tenancy andthose concerning the tenant’s obligation to restore properties to original condition when moving out.
The Ordinance obliges real estate brokers to, before concluding a contract, provide prospective tenants with, in
addition to explanations of important matters as set forth in the Real Estate Brokerage Act, a separate document andexplanations of matters such as basic rules on restoring rental properties to original condition and the tenant’s
responsibilities prescribed in the lease contract.

Caution!

This Ordinance obliges real estate brokers to provide explanations before concluding acontract; it does not prescribe the terms of a lease contract or the method of calculating what
portion of the deposit should be returned to the tenant.

What must be explained?

With respect to what real estate brokers must explain, “mattersnecessary for the Real Estate Broker to provide proper documents or
explanation,” as outlined in Article 2, item (iii) of the Regulations for
Enforcement of the Ordinance, are summarized as follows.

1. Restoration of wear and tear when the tenant vacates the property (restoring rental properties to original
condition)
2. Repairs required to use and derive income from the property(maintenance and repairs during tenancy)
3. Responsibilities of the tenant prescribed in the lease contract (e.g. whether thecontract includes a special agreement, the content of the special agreement)

Is the tenant or
landlord
responsible?

4. Who to contact for repair, maintenance, and management of the facilities during
tenancy* Only the document should be provided and such explanation is not required if
the prospective tenant is a Real Estate Broker.

Which contracts does the Ordinance cover?
1. 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, without a broker)* Real estate brokers outside Tokyo are also obliged to provide explanations when they act as mediators,
intermediaries, or agents in contracts for properties in Tokyo.
2. Lease contracts newly concluded on and after the day the Ordinance takes effect 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)

What happens if a broker fails to explain?
If a real estate broker did not give all or part of the explanation prescribed in Article 2 of the Ordinance, the Governorof Tokyo may issue guidance and a letter of admonishment to the broker. If the broker that receives the letter ofadmonishment does not comply, the Governor may make public such information as the names of the company andits representative.

–1–

II

Guidelines for Preventing
Tenant-Landlord Disputes

About the “Guidelines for Preventing Tenant-Landlord Disputes”
This booklet, written in Japanese, is aimed at preventing trouble related to the lease ofprivate rental housing. Based on basic legal principles and past court rulings, the booklet
provides easy-to-understand information on basic rules about what the Ordinanceobliges real estate brokers to explain to prospective tenants, such as “restoring rental
properties to original condition” and “maintenance and repairs during tenancy.”

Guidelines for Preventing
Tenant-Landlord Disputes

Although these guidelines are not legally binding, they outline general rules thatare regarded as reasonable at the current time.
The guidelines are intended to help you prevent and quickly resolve trouble in suchcases as when you are about to conclude a housing lease contract and when you
are unsure about the terms of your lease contract.

Tokyo Metropolitan Government

What about getting back my deposit?
As a general rule, the settlement of a security deposit should be calculated based on the contract concluded
between the landlord and tenant.
Depending on the contract terms, a security deposit may be settled based on rules other than those generally used,because, by mutual consent of the landlord and tenant, a contract may include a special agreement that imposes on
the tenant responsibility different from the normal restoration obligations.

Caution!

In principle, contracting parties can freely decide on the terms of a lease contract for private rental
housing unless any of the terms conflict with any mandatory provision (provisions that apply
regardless of the intention of the concerned parties) of such laws as the Civil Code and the Act on
Land and Building Leases. (This is called the “principle of freedom of contract.”)
Therefore, problems arising from individual contracts should usually be resolved via dialogue
between concerned parties. Although the Tokyo Metropolitan Government can offer advice forinquiries, it cannot offer guidance on the terms of the contract, or render an award after hearing
circumstances from the concerned parties and coordinating their interests.

The Tokyo Metropolitan Government, as well as some municipalities, offer advice and information for
resolving problems. Contact information for the Tokyo Metropolitan Government’s consultation services
can be found on the last page of this leaflet.

What if I cannot resolve a dispute via dialogue?
When a landlord and tenant cannot resolve a dispute via dialogue, they may pursue such proceedings as civil
conciliation and a small claims action.
General information on these proceedings can be obtained at the Tokyo Metropolitan Government’s consultation
services. For details, however, please contact a summary court with jurisdiction.
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 thetenant 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 typeof 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

–2–

III

Guidelines for Preventing
Tenant-Landlord Disputes (Outline)

Restoring rental properties to original condition (basic rules)
Tenant’s duties(restoration obligations)
Restoration of scratches and other damage
caused by the tenant (e.g. damage caused
intentionally or carelessly, damage caused due tothe tenant’s using the property in a non-standardway)* The tenant is also liable for scratches, stains, andother damage that occurred or worsened due tothe tenant’s negligence in failing to address any
trouble or defect.

Landlord’s duties

Change in value of rental property
The value of property and equipment diminishes with time and use. =Natural wear and tear (aging, normal wear and tear)

Wear
and tear

Wear andtear

Value ofproperty andequipment

Damagecaused by thetenant’s
willful orcareless act

Move inMove out

Restoration

Restoration of wear and tear arising from normal aging andordinary use of the property.

Special agreement on restoration obligations
By mutual agreement, the landlord and tenant may conclude a
special agreement that differs from the above-stated basic
rules.
However, a special agreement that imposes greater
responsibility on the tenant than normally required is notalways considered valid. When brought to court, the special
agreement may be ruled invalid. Previous legal cases and otherdata show that the three elements listed on the right are
required to make the special agreement valid.

Elements for a special agreement imposing special
obligations on the tenant to be recognized as valid
1. There is necessity for the special agreement, andthere are objective and reasonable grounds for it,
such as that the obligations are not excessive.
2. The tenant acknowledges that because of the special
agreement, he/she is obliged to make repairs, etc.
that exceed ordinary obligations for restoration.
3. The tenant has expressed the intention to undertakethe obligations set forth by the special agreement.

Maintenance and repairs during tenancy (basic rules)
The landlord is obliged to make necessary maintenance and repairs so that the tenant can use and occupy the property.
However, the tenant will be liable for the cost to repair 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).

Special agreement on maintenance and repairs during tenancy
By mutual agreement, the landlord and tenant may conclude a special agreement that exempts the landlord fromobligations for minor maintenance and repairs and allows the tenant to do minor maintenance and repairs at his/her
own cost.

Caution!

Even with such a special agreement, it is up to the tenant as to whether or not to make themaintenance and repairs; the tenant has no obligation to make the maintenance and repairs. 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–

Illustrated Explanation of the Responsibilities of the Landlord and Tenant (Typical Examples)
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 or worsened due to the tenant’s negligencein failing to address any trouble or defect or the tenant’s
lack of proper and regular maintenance”

Lock and key
 Changing locks (when the tenant did not damage the lockor key, or lose the key): Landlord
 Changing locks (when the tenant damaged/mishandled thelock or key, or lost the key): TenantAppointments andequipment Damage to an appointment caused due to the tenant’s lackof proper or regular maintenance or use in a non-standard
way (tenant does not exercise “due care”*): Tenant Furnished appliances being damaged, broken, or unusable(appliance or appointment having reached the end of its
usable life) (natural wear and tear due to aging): Landlord Replacement of bathtubs and water heaters (to secure a
new tenant, although the item is not damaged or broken):Landlord

In Japan,you arenotusually
allowedto enterwith yourshoes on.

Bathroom, etc.
 Scale, rust, and other contaminants in the bathroom, toilet,
or on the washstand (when such contaminants occurredbecause the tenant failed to sufficiently clean and maintainthe areas during the tenancy) (tenant does not exercise“due care”*): Tenant Disinfecting the toilet: 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 (usein a non-standard way)

Walls (wallpaper) Color fading (as a result of exposure to sunlight or othernatural elements) (normal wear and tear): Landlord
 Cigarette stains(1) Color fading or persistent odors caused by stains fromsmoking etc. which are considered to go beyond soilingbased on normal use: Tenant(2) When smoking is prohibited: Tenant (use in a
non-standard way)
 Holes left by pins and tacks (holes that do not require
replacement of wall paneling) (normal wear and tear):
Landlord
 Holes left by nails and screws (holes that require
replacement of wall paneling) (non-standard use): Tenant Mold and stains that spread because condensation was left
unattended (non-standard use): Tenant

Floors (tatami mat floors) Turning over or replacing thefacings of tatami mats (to secure a
new tenant, although the mats are
not damaged or dirty): Landlord

Floors Color fading due to exposure to sunlight, etc. (normal wear
and tear): Landlord
 Scratches and other damage caused when moving in/out oron other occasions (tenant’s carelessness or lack of “duecare”*): Tenant* ”Due care” here means “due care of a prudent manager” asstipulated by Article 400 of the Civil Code.

– 4 – Floors (tatami mat floors)Turning over or replacing the facings of tatami mats (to secure a

The responsibilities listed here are typical examples and mayvary depending on the degree of damage to the property andother factors.

Walls (wallpaper) Blackening of the wall behind the refrigerator (owing toheat generated by the appliance) (normal wear and tear):
Landlord
 Grease and grime in the kitchen (residue of soot, grease orother dirt resulting from the lack of proper care andcleaning after use) (non-standard use): Tenant

Kitchen Disinfecting the kitchen: Landlord
 Grease and soot on the range hood, exhaust fans, or in thespace where a kitchen stove is placed (that were caused by
the tenant’s lack of proper or regular maintenance) (tenantdoes not exercise “due care”*): Tenant

FloorsFixtures Rust stains on the floor beneath a
refrigerator (that occurred because
rust was left unattended) (tenantdoes not exercise “due care”*):
Tenant Crack in wire glass (that naturally occurred due to thenature of wire glass): Landlord

Entire property
 Professional cleaning in preparation for the next tenant(when the tenant performed proper and regular cleaning
during tenancy): Landlord

Walls (wallpaper) Rotting of the wall that occurred because a water leak froma tenant-owned air conditioner was left unattended (tenantdoes not exercise “due care”*): Tenant Screw holes made to install a tenant-owned air conditioner
and marks left by the air conditioner (normal wear andtear): Landlord
 Marks left on the wall by a poster or picture (normal wear
and tear): Landlord

Ceiling Marks left by a lighting fixture that was directly
fixed to the ceiling (non-standard use): Tenant

Fixtures Glass window broken by an earthquake (natural disaster):
Landlord Replacing a window screen (to secure a new tenant,although the screen is not damaged or dirty): Landlord

Walls (wallpaper) Rotting of the wall that occurred because a water leak froma landlord-owned air conditioner was left unattended by
the tenant (non-standard use): Tenant Blackening of the wall behind the TV (owing to heatgenerated by the TV) (normal wear and tear): Landlord

Floors (carpet)

Floors (wooden floors) Stains or mold resulting from spilled drinks,
etc. (due to insufficient care and cleaning orother circumstances) (tenant does not
exercise “due care”*): Tenant Waxing the floor: Landlord
 Color fading (that occurred because rain blew into theroom, or for other reasons, due to the tenant’s carelessness)(tenant does not exercise “due care”*): Tenant

Floors (carpet) Dents and marks on the floor or carpet left by furniture(normal wear and tear): Landlord

Floors (wooden floors) Scratches or dents made by a chair or other equipment on
casters (tenant does not exercise “due care”*): Tenant

–5–

IV
1

Seven Things You Can Do to Avoid
Getting Into Trouble

Fully understand the contract before you sign
When you listen to the real estate broker’s explanations of important matters as set forth in the Real Estate
Brokerage Act and explanations based on the Ordinance, be sure you understand the basic rules on restoration
obligations and other matters, confirm whether the contract is in line with the basic rules and what kind if any
special agreement is included, before you decide to conclude the contract. When renting an existing residenceon or after the date the revised Real Estate Brokerage Act takes effect (April 1, 2018), also refer to the “building
condition survey (inspection)” section of a written explanation of important matters.

2

Thoroughly check your residence when moving in
To prevent trouble, it is important to carefully examine the condition of the property and appointments installed,
confirming any scratches and stains, when you move in. If you take photographs, you can compare them withhow the property looks when you move out.

3

Honor your lease contract
If you have a dog, cat, or any other pet while living in a property where pets are banned,
you are violating your contract. In that case, your contract may be rescinded and/or you
may be required to vacate the property. Furthermore, you may be required to pay alarge amount to cover such expenses as those for disinfecting and deodorizing theproperty. Pay the rent by the due date. Don’t live with other people contrary to the lease
contract that stipulates you live alone.

4

No pets
allowed!

Use your residence carefully, keep it tidy and clean
Under the law, a tenant must use a rented property “with due care of a prudent manager.” The property you are
renting belongs to somebody else. Therefore, you are required to treat the property more carefully than when
you treat your own belongings. Be sure to use the rented property with due care. These days, problems involving
noise or smoking are increasingly common. Mind your manners and be considerate of other residents when you
smoke at home. Follow the rules for garbage collection. Don’t put things in common spaces, such as stairs andcorridors.

5

Report on necessary repairs quickly and promptly
When you find something that needs repair or maintenance, promptly contact thelandlord or the management company to consult them about how to deal with it.

6

Obtain the landlord’s consent before you revamp your rented home
Without the consent of the landlord, you should not make any alterations, additions, or upgrades to the property(painting the walls, replacing installed appointments, etc.). Before you do so, obtain the landlord’s consent andtalk with him/her about whether and how the property should be restored to the original condition at the time ofmoving out. When a tenant and landlord are entering into a DIY-type lease contract (a contract that allows thetenant to refurbish or improve the property as he/she likes), regardless of which side will pay for the
refurbishment, they should prepare in advance a consent form and agreement pertaining to matters such as
restoration of the altered parts of the property. (Model forms of those documents and other related information
can be found at the Ministry of Land, Infrastructure, Transport and Tourism’s website below (in Japanese).)http://www.mlit.go.jp/report/press/house03_hh_000104.html (in Japanese)

7

Don’t leave unwanted items behind when you vacate the property
Before you hand over the property, make sure that everything you brought into the place
has been taken out and that it is thoroughly cleaned. In the presence of the landlord or
someone from the property management firm, confirm the state of the property while
comparing it with the photos or notes taken when you moved in.

–6–

V
Case 1

Restoration

Examples of Cases Brought to
the TMG’s Consultation Services
Q. My lease contract says “The tenant must restore the property to the original condition
when vacating 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 thattrue? Do I have to bear 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 thetenant 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-standard way.
In this case, you are not obliged to abide by your landlord’s claim; you don’t have to restore the property to the exact state
as when you moved in.

Case 2

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, thatagreement may be ruled invalid.
 For details of the Guidelines for Preventing Tenant-Landlord Disputes, please visit the Office for Housing Policy’s
website at: http://www.juutakuseisaku.metro.tokyo.jp/juutaku_seisaku/tintai/310-0-jyuutaku.htm (in Japanese) The Guidelines for Preventing Tenant-Landlord Disputes booklet is on sale for 600 yen (excluding tax) (Japaneseversion only).
Contact: Taisei-Shuppan Co., Ltd.

Phone: 03 (3321) 4131 (switchboard) Please refer to “Guidelines for Facilitating Renting of Private Rental Housing for Foreigners” (Ministry of Land,
Infrastructure, Transport and Tourism) at:
http://www.mlit.go.jp/jutakukentiku/house/jutakukentiku_house_tk3_000017.html (in Japanese) Tokyo Metropolitan Government’s consultation services
Rental Housing Hotline(via phone)
03 (5320) 4958

Realty Section, Housing Planning
Department, Office for Housing Policy,
Tokyo Metropolitan Government
3rd Floor - North Side, TMG No. 2 Building,
8-1 Nishi-Shinjuku 2-chome,
Shinjuku-ku, Tokyo

Consultation on real estate transactions* Via phone* Face-to-face, no reservation required
Mon to Fri: 9 a.m.–11 a.m., 1 p.m.–4 p.m.
(in Japanese only)

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

Legal consultation with a lawyer* Face-to-face, reservation required
Mon to Fri: 1 p.m.–4 p.m.
(in Japanese only)

Exclusively for reservations
03 (5320) 5015

Tokyo Metropolitan Comprehensive
Consumer Center
Central Plaza 16F, 1-1,
Kaguragashi, Shinjuku-ku, Tokyo

Consultation for consumers (including realestate)* Via phone and face-to-face
Mon to Sat: 9 a.m.–5 p.m. (in Japaneseand English)

Exclusively for consultation
03 (3235) 1155

Foreign Residents’ Advisory Center

Mon to Fri: 9:30 a.m.–12 noon, 1 p.m.–5 p.m.
(in English)

03 (5320) 7744

Guidance and Consultation
Team
03 (5320) 5071

* All closed on national holidays and New Year holidays (December 29 to January 3)
Guidebook for Tenants & Landlords
Ordinance for the Prevention of Residential Rental Disputes in Tokyo &Guidelines for Preventing Tenant-Landlord Disputes, December 2019

Edited and published by 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)–7–