Case014: 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 24, 2015 (Case Number: 2015-RE-644)
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 owner of a room (lender) vs. individual tenant (tenant)
Claims
- Claim to surrender a room based on cancellation of lease contract
Location and Purpose of Use of the Building
- a room for dwelling in Kawasaki-city, Kanagawa prefecture
Rent
- 53,700 yen per month
Common Service Expense
- 6,300 yen per month
Circumstances
- As the tenant delayed payment of the rent for two months, the lender demanded unpaid rent and cancelled the contract.
- The tenant argued that the tenant had deposited the rent to the legal affairs bureau. The tenant also argued that the living environment was inferior because of noise from the next room.
- The court denied the tenant’s allegations because there was no reason to justify depositing the rent to the legal affairs bureau and noise from the next room did not reach the degree enabling to live in there.
- The court 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.
