Case008: court denied the validity of cancellation based on 2 months’ non-payment but acknowledged that based on 3 months’ non-payment
C O N T E N T S
Judgement of the Tokyo District Court on January 13, 2017 (Case Number: 2016-WA-29643)
Summary
- Tokyo District Court denied the validity of cancellation of building lease contract based on 2 months’ non-payment but acknowledged that based on 3 months’ non-payment.
Parties of the Case
- Housing Supply Corporation (lender) vs. an individual tenant (tenant)
Claims
- Claim to surrender building based on cancellation of building lease contract
Location and Purpose of Use of the Building
- One room of a building for dwelling in Tokyo
Rent
- Uncertain
Circumstances
- As the tenant did not pay the rent for two months, the lender demanded to pay two-months’ unpaid rent within 11 day. As the tenant did not pay them, the lender cancelled the lease agreement.
- As the tenant did not pay the rent for another one month, the lender cancelled the lease agreement based on a clause of the lease agreement that allows the lender to cancel the contract based on three months’ non-payment without demanding the unpaid rent.
- The court judged that 2 months’ arrearage is not enough to dissolve the relationship of mutual trust between the lessor and the tenant and denied the validity of cancellation based on 2 months’ non-payment.
- However, the court acknowledged the validity of cancellation based on 3 months’ non-payment.
Comment
- This is one of the cases of eviction that cancellation of building lease contract based on two months’ non-payment was denied but that based on three months’ non-payment was acknowledged.
