Case011: court acknowledged the validity of cancellation based on 2 months’ non-payment and sublease without permission

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 that 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.