Case011: court acknowledged the validity of cancellation based on 2 months’ non-payment and sublease without permission
C O N T E N T S
Judgement of the Tokyo District Court on February 25, 2013 (Case Number: 2012-WA-35236)
Summary
- Tokyo District Court acknowledged the validity of cancellation of building lease contract based on 2 months’ non-payment and subleasing without permission and sublease without permission.
Parties of the Case
- Sohgoh Real Estate Co., Ltd. (lender) vs. individual tenants
Claims
- Claim to surrender building based on cancellation of building lease contract
Location and Purpose of Use of the Building
- a room for dwelling in Tokyo
Rent
- 114,000 yen per month
Common Service Expense
- 8,000 yen per month
Circumstances
- When the tenant did not pay the two-months’ rent, the lender demanded to pay unpaid rent within 5 days, and manifested conditional intention to cancel the contract if the tenant did not pay them within the period.
- The lender argued that the tenant let a third party live in the room without permission of the lender and that the relationship of mutual trust between the lender and the tenant had been apparently dissolved.
- The court acknowledged that the lease contract was validly cancelled based on two months’ non-payment of the rent and subleasing without permission.
Comment
- This is one of the cases of eviction that cancellation of building lease contract based on two months’ non-payment was acknowledged.
