Case010: 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 February 13, 2013 (Case Number: 2012-WA-28327)
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. Fast Trade Co., Ltd.
Claims
- Claim to surrender building based on cancellation of building lease contract
Location and Purpose of Use of the Building
- a room of an office building in Tokyo
Rent
- 130,000 yen per month
Circumstances
- In the lease contract, there was a special clause providing that the lender can cancel the contract after demanding unpaid rent 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 demanded to pay unpaid rent and cancelled the contract.
- The tenant argued that the relationship of mutual trust between the lender and the tenant had not been dissolved because the amount of unpaid rent was not large and the tenant misunderstood that its surety company had already paid the unpaid rent.
- The court denied the tenant’s allegations and acknowledged that the lease contract was validly cancelled based on two months’ non-payment of the rent.
Comment
- This is one of the cases of eviction that cancellation of building lease contract based on two months’ non-payment was acknowledged.
