The rent is not being paid
We look at recovering the arrears and at terminating the lease and getting the building back, together. How long the arrears have been running changes what routes are open.
- Six months of rent, and still nothing has been paid.
- We are rebuilding, and we need the tenants to move out.
- We are at odds over the cost of restoring the premises.
Unpaid rent, eviction, lease disputes. Talk to us, from the first demand to handover.
We act for landlords and for tenants alike.
We read the lease and the history, then explain the routes open to you and how each is likely to go.
- Initial consultation30 min JPY 5,500(tax incl.)
- What you tell usStays confidential
- NationwidePhone and online
consultations
With unpaid rent and with eviction alike, the longer you wait, the more the losses build up.
Even while you are still sending demands, please come to us early.
Does any of this sound familiar?
- A tenant is behind on the rent and will not pay, however often you ask
- You want to terminate the lease and have the building handed back
- You need the tenants to move out for a rebuild or a redevelopment
- You have no idea what sort of relocation fee you should be ready to offer
- A departed tenant is disputing the cost of restoring the premises
- You are the tenant, and the landlord has suddenly asked you to leave
Even at the stage of “nothing has blown up yet, we just want to check how to go about it”, please feel free to consult us.
Which of these is closest to your situation?
They may all look like “a property dispute”, but the way each one is handled is quite different.
You want the building handed back
Where the tenant is not at fault, ending the lease requires justifiable grounds under the law. We set out the terms, including any relocation fee.
You are at odds over the lease terms
Restoration costs, rent increases or reductions, who bears repairs, and the like. We build the argument from the lease and from the law alike.
Not sure which one you are in? We read the lease first, then tell you what we suggest.
What does the law actually say?
Four questions we are often asked, answered against the statutes.
If the rent goes unpaid, can the lease be terminated at once?
Not at once. As a rule, you first demand payment from the tenant by a set deadline (a formal demand, or saikoku), and you may terminate if payment still does not come (Civil Code Art. 541).
The courts then ask whether the relationship of trust between landlord and tenant can be said to have broken down (the doctrine of destruction of the relationship of trust). Where the arrears are short-lived, termination may not be allowed. There is no fixed number of months at which termination becomes available.What is the route to getting the building back?
It runs in this order: formal demand → notice of termination → negotiation → an action for surrender of the building → the judgment becoming final → compulsory execution. If the tenant stays put even after judgment, a court execution officer carries out the surrender (Civil Execution Act Art. 168).
If the person occupying the building changes during the proceedings, the judgment can become unusable. To guard against that, a provisional disposition prohibiting transfer of possession (a provisional disposition regarding the subject matter in dispute) may be applied for first (Civil Provisional Remedies Act Art. 23(1)).
Note that taking the premises back yourself — changing the locks, moving belongings out — is not permitted (the prohibition on self-help).What about eviction where the tenant is not at fault?
For a building lease with a fixed term, notice of non-renewal must be given between one year and six months before the term expires (Act on Land and Building Leases Art. 26(1)). Where there is no fixed term, the lease ends six months after notice of termination is given (Act on Land and Building Leases Art. 27(1)).
In either case, for the landlord to bring the lease to an end there must be “justifiable grounds” (Act on Land and Building Leases Art. 28). Alongside matters such as how much each side needs the building and how far it has deteriorated, an offer of a relocation fee is also weighed as a factor that makes up for justifiable grounds.
With a fixed-term building lease, agreed in advance to end when the term expires (Act on Land and Building Leases Art. 38), the question of renewal does not arise.How much of the restoration cost falls on the tenant?
The tenant is obliged to restore damage that arose after the premises were handed over. Wear from ordinary use (ordinary wear and tear) and change with the passage of time (deterioration over the years) are outside that duty (Civil Code Art. 621).
Commercial leases sometimes carry a special clause placing even ordinary wear and tear on the tenant. Whether such a clause holds is judged from how it is drafted, whether it was explained when the lease was signed, and similar points. The restoration guidelines issued by the Ministry of Land, Infrastructure, Transport and Tourism are written with residential leases in mind and do not simply carry over to commercial buildings.
The security deposit is returned after the premises are handed back, with any unpaid obligations deducted (Civil Code Art. 622-2).
How the statutes apply turns on how the lease is drafted. We read the lease and give you our honest read on it.
What does instructing an attorney get you?
We act from the demand stage through to keeping the next dispute from arising.
Putting the lease and the arrears record in order
We read the lease, the explanation of important matters and the payment history, and set out which arguments are open to you. Claims against a joint guarantor or a rent guarantee company are considered alongside.
Sending the demand and the notice of termination by content-certified mail
We give notice in the attorney’s name of the payment deadline and of termination to follow. What was sent, and when, is left on the record and can be used in any later proceedings.
Settling the handover terms through negotiation
We work through the handover date, how the arrears are to be paid, the scope of restoration and similar points. Once agreed, it goes into a written agreement and, where appropriate, a notarial deed.
Carrying it from litigation through to compulsory execution
If negotiation does not come together, we bring an action for surrender of the building. Where the tenant still does not leave after the judgment becomes final, we apply for compulsory execution (Civil Execution Act Art. 168).
Building the terms of an eviction
We work out the terms, including any relocation fee, from the state of the building, how the tenant uses it and what a move would cost. Amounts differ from case to case, so we give you our outlook once we have seen the papers.
Reviewing the lease so it does not happen again
We look at using a fixed-term building lease, at rent guarantee companies, at the joint guarantee clauses. Where an individual stands as joint guarantor, the guarantee is void unless a maximum amount (the ceiling on the guarantee) is fixed (Civil Code Art. 465-2). Leases still on an old form often need reviewing on this point.
Rent has gone unpaid.
What should you do first?
- Do not change the locks or move belongings out. The law does not permit it
- Keep a record of when you demanded payment and what you said
- Gather the lease, the explanation of important matters, the payment history and the emails exchanged
- Where there is a joint guarantor or a rent guarantee company, check the terms of that contract too
- Simply telling the tenant to leave does not bring the lease to an end
Then come and consult us, with the lease and your records in hand.
3 features of Eight Force Law Office
We weigh the effect on your business when choosing the route
Our managing attorney spent about three years in the legal department of the Japanese arm of a foreign automotive company. Taking every matter to court is not always the right answer. We think through the route with you, taking in the cost, the time and the effect on the property’s occupancy. About the attorney
Recovering the unpaid rent and getting the building back, together
In an arrears matter, both the money and the surrender of the building are in issue. We handle debt collection as well, so both come through a single office. Our debt collection page
We help you review the lease itself
Once the dispute is behind you, we put the lease and your internal practice in order so the same thing does not recur. An advisory retainer, for ongoing consultation, is also available. Our corporate law & advisory retainer page
From first contact to resolution
- STEP 1 Get in touch
Call us or use the contact form. We will arrange a time for the consultation.
- STEP 2 Consultation with the attorney
At our office, or online or by phone. Please have the lease and the payment history to hand.
- STEP 3 Outlook explained and an estimate
We explain the routes open to you, how long each is likely to take, and what it costs.
- STEP 4 Engagement
Once you are satisfied with the terms, we enter into the engagement.
- STEP 5 Notice and negotiation
We send the formal demand by content-certified mail and take forward the negotiation over the handover terms.
- STEP 6 Litigation and execution / preventing a repeat
Where matters do not come together, on to litigation and compulsory execution. Once resolved, we help you review the lease.
For recovery of the unpaid rent itself, see our debt collection page as well.
What does it cost?
We explain the fees before you instruct us. The figures shown include tax.
Initial consultation30 min JPY 5,500(tax incl.)
EvictionRetainer fee from JPY 275,000Success fee from JPY 275,000
Relocation feeRetainer fee from JPY 220,000Negotiation from JPY 220,000 / Mediation-litigation from JPY 330,000
Success fee 3.3%-22% of economic benefit
Success fee 3.3%-22% of economic benefit
RedevelopmentRetainer fee from JPY 220,000Success fee 2.75%-17.6% of economic benefit
Restoration and other disputesRetainer fee from JPY 220,000Negotiation from JPY 220,000 / Mediation-litigation from JPY 330,000
Success fee quoted separately
Success fee quoted separately
Advisory retainerFrom JPY 55,000 / monthWhere you consult us on an ongoing basis
* Administrative fees and actual expenses are charged separately.
* Where you instruct us on recovery of the unpaid rent alone, the debt collection fees apply (retainer fee 11% of the claimed amount incl. tax, minimum JPY 110,000; success fee 22% of the amount recovered incl. tax).
* We accept credit cards (VISA / MasterCard) and instalment payments.
See Attorney’s Fees for details.
Frequently asked questions
- How many months of arrears does it take before a lease can be terminated?
- The number of months alone does not settle it. Alongside how long the arrears have run, the payment record up to then and how the tenant has responded go into whether the relationship of trust can be said to have broken down. We read the payment history and give you our read on it.
- We can no longer reach the tenant. What should we do?
- Even where the tenant cannot be reached, there are ways to take court proceedings forward. Start by bringing us the lease and your record of the demands you sent.
- How much should we be ready to offer as a relocation fee?
- It differs greatly from case to case, so we cannot give a single figure. We work it through from the state of the building, how the tenant uses it and what a move would cost.
- We are the tenant. Can we consult you?
- Yes. We advise on the terms where you have been asked to leave, and on answering a claim for restoration costs.
- How long does it take to resolve?
- It varies greatly between a matter that settles in negotiation and one that runs to litigation and compulsory execution. At the consultation we explain how yours is likely to proceed.
- If we consult you, do we then have to instruct you?
- Not at all. Decide whether to instruct us after you have heard the outlook and the costs.
About the office
| Office | Eight Force Law Office |
|---|---|
| Managing attorney | Kento Araki (Dai-Ichi Tokyo Bar Association) |
| Address | 3F BIZ SMART Yoyogi, 1-25-5 Yoyogi, Shibuya-ku, Tokyo 151-0053 |
| Phone | 03-6809-0683 |
| Hours | Weekdays 9:00-18:00 (closed weekends & holidays) |
| Area covered | Nationwide (phone and online consultations) |
| Access | 3 min from Yoyogi Sta. (JR Yamanote / Sobu Line) / 4 min from Minami-Shinjuku Sta. (Odakyu Line) |
Please do not carry it alone — talk to us first.
We are here by phone and by email.