Case009: court acknowledged the validity of cancellation based on 2 months’ non-payment
C O N T E N T S
Judgement of the Tokyo District Court on December 6, 2012 (Case Number: 2011-WA-28157, 2011-WA-37934)
Summary
- Tokyo District Court acknowledged the validity of cancellation of building lease contract based on 2 months’ non-payment.
Parties of the Case
- An individual building owner (lender) vs. an individual (restaurant manager)
Claims
- Claim for damages caused by delay of surrender after cancellation of the building lease contract
Location and Purpose of Use of the Building
- Rooms of a building for restaurant and stockroom in Tokyo
Rent
- 124,000 yen per month (tax included)
Common Service Expense
- 100,000 yen per month (tax included)
Deposit
- 320,000 yen
Circumstances
- In the lease contract, there was a special clause providing that the lender can cancel the contract without any demand if the tenant fails to pay the rent for two months or more.
- When the tenant did not pay the two-months’ rent, the lender cancelled the contract.
- After the tenant vacate the building, the tenant sued the lender arguing that the lender obstructed operation of the tenant’s restaurant.
- The lender filed a counterclaim against the tenant demanding damages caused by delay of sur-render after cancellation of the building lease contract.
- The court judged that the tenant’s allegation cannot be acknowledged and that the lease contract was validly cancelled based on two months’ non-payment of the rent.
Comment
- This is one of the cases that cancellation of building lease contract based on two months’ non-payment was acknowledged.
