Own Your Japan

I forgot to pay my rent, what should I do?

Shouji Ohtani2023/09/29

(Photo 123RF)

The third point is whether the content of the contract is invalidated by the “interpretation of examples” in legal terms.
If the interpretation of a legal provision as written would lead to a result that is too unfair, the contract itself can be rejected as “merely illustrative” and its validity can be negated. To date, however, there does not appear to be any case in which the termination of a contract due to short-term rent arrears has been held invalid on the basis of a “case-by-case” interpretation.

Fourth, is there a violation of the provision in Japanese law (Consumer Contract Act) that states that “provisions that unilaterally prejudice the interests of consumers are invalid.
In the case of a building lease, which is based on a long-term contractual relationship, it may be judged as a provision “unilaterally prejudicing the interests of the consumer” to terminate the contract for only one month’s non-payment of rent. However, as there is no precedent for this, it is not clear whether it will always be interpreted in this way.

Ultimately, the content of the contract will be judged according to the thinking that has accumulated in the case law to date.
One way of thinking in the case law is the so-called “theory of breach of trust”. This is an attempt to protect the tenant’s right to reside by allowing the landlord to terminate the lease only if the “relationship of trust between the landlord and the tenant has ceased to exist.

It is important to talk to the landlord first to determine if you will have to move out after one month of non-payment of rent and to try to restore the relationship of trust.

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Written by.

Shouji Ohtani

Shouji OhtaniPresident, Japan Housing Performance

Inspection Association (NPO) / Chairman, Organization for the Promotion of Distribution of Vacant Houses / Former Director, Japan Association of Lawyers for Arbitration ADR
Born in 1948 in Hiroshima Prefecture. In 2004, he founded the Japan Housing Performance Inspection Association, a non-profit organization dedicated to solving housing problems. He advises on contractual issues such as subleases, deposits and guarantees, and victim groups, and negotiates and discusses with relevant government agencies and related companies.

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