Judgement of the Tokyo District Court on January 29, 2015 (Case Number: 2014-WA-20259)
- Tokyo District Court acknowledged the validity of cancellation of building lease contract based on 2 months’ non-payment.
- Apamanshop Sublease Co., Ltd. (lender) vs. individual tenant (tenant)
- Tenant’s claim to prohibit execution by the lender based on record of settlement
Location and Purpose of Use of the Building
- The lender and the tenant reached a settlement in another lawsuit and record of settlement was made. In the record, there was a clause providing that the lender can cancel the contract without any demand if the tenant fails to pay the rent for one month or more.
- When the tenant did not pay the two-months’ rent, the lender cancelled the contract and demanded to surrender the room.
- 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 condition of the room was awful.
- The court denied the tenant’s allegations and acknowledged that the lease contract was validly cancelled based on around two months’ non-payment of the rent.
- This is one of the cases of eviction that cancellation of building lease contract based on two months’ non-payment was acknowledged.