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Lease Contract アーカイブ - Dios - Executive Apartments for Expats and Diplomats ディオス

The Period of a Contract~Tenants can cancel anytime in Japan

By | Real Estate

The period is set in a lease contract.
Most foreigners believe that the lease contract cannot be cancelled during the period which is sent by the term of a contract. That is, most foreigners think they must pay the monthly rent until the expiry of their contract.

In general Japanese lease contact for residences set the lease term as two years. However in fact tenants can cancel a lease contract anytime even during the execution of a contract. Tenants must notify the cancellation to the owner one month in advance. Then tenants can terminate their payment of the monthly rent anytime.

Nevertheless a real estate agent in Kobe who is dealing with foreign expats explain to its foreign customers that Japanese lease contract cannot be cancelled during the period of the lease contract. Since foreign expats are hard to find out Japanese laws, foreign customers believe that they must keep their lease contract until the end of the lease.

It is crooked means that the real estate agent makes foreign tenants not to leave their property, but there still are foul play by Japanese real estate agent for many years.

Any Japanese lawyer or realtor easily understands this legal sense. So please be careful with an underhanded real estate agent and ask someone with experience in real estate business.

Work flow of Lease Contractual Procedures

By | Real Estate

The steps of Lease Contract are (1) Application Form, (2) Sign on Lease Contract (= money payment) , and (3) Handing over Keys (= the first day of rent payment)

Step 1

  • Tenancy applicant fill out necessary information and submit it with copies of identification cards.
  • At this point the applicant does not have to pay down payment.
  • Since this application form is not yet acquired legal force, there is no penalty.
  • Once the owner receives this application form by FAX, the owner begins the examination.
  • With this examination, the property is held for the applicant by the owner.

Step 2

  • If the owner accepts the application form after examination, Lease Contract documents will be prepared.
  • It will take about two weeks between Step 1 and Step 2.
  • As soon as the Lease Contract is signed, the applicant shall pay all settlement amount of money to the owner.
  • In case of lease contract, all settlement amount of money is paid instead of down payment.
  • The date of contractual conclusion is different from the first day of the lease contract.

Step 3

  • When the first day of the lease contract comes, the owner shall hand over the key to the new tenant.
  • The period between Step 1 and Step 3 is usually one month (= 30 days). However this period is not specified in the law, so there are various owners.
  • The new tenant cannot bring in luggage and furniture until this first day of the lease contract.