Judgement of the Tokyo District Court on April 28, 2011 (Case Number: 2010-WA-37882)
- Tokyo District Court acknowledged the validity of cancellation of building lease contract based on 2 months’ non-payment and not supplying a shortage of the deposit.
- Yodobashi Camera Co., Ltd. (lender) vs. Ken Soft Co., Ltd. (tenant)
- Claim to surrender building based on cancellation of building lease contract
Location and Purpose of Use of the Building
- Two rooms of an office building in Tokyo
- room-1: 2,660,679 yen per month (tax included)
- room-2: 910,560 yen per month (tax included)
- room-1: 503,370 yen per month (tax included)
- room-2: 172,263 yen per month (tax included)
- room-1: 32,873,280 yen
- room-2: 11,250,240 yen
- Mizuho Bank Co., Ltd. lent two rooms to the lessee. Yodobashi Camera co., Ltd. bought the building and succeeded the position of the lender of the rooms.
- As the tenant did not pay the rent for around two months, the lender appropriated the deposit to the unpaid rent.
- The tenant also delayed payment of the rent for another two months.
- The lender demanded to supply the shortage of the deposit and to pay two-months’ unpaid rent within 14 days. As the tenant did not pay them, the lender cancelled the lease agreement.
- The tenant paid the most part of the demanded amount one day after the cancellation.
- The court judged that shortage of the deposit can be deemed similar to unpaid rent as the shortage occurred because of the tenant’s non-payment of the rent, and that particular circumstance did not exist that the non-payment did not dissolve the relationship of mutual trust between the parties of the lease agreement.
- This is one of the cases of eviction that cancellation of building lease contract based on two months’ non-payment was acknowledged.