Case020: court acknowledged the validity of cancellation based on 3 months’ non-payment

C O N T E N T S

Judgement of the Tokyo District Court on June 23, 2009 (Case Number: 2009-WA-11132)

Tokyo District Court acknowledged the validity of cancellation of building lease contract based on 3 months’ non-payment.

When the tenant did not pay the three-months’ rent, the lender demanded to pay unpaid rent within 4 days, and manifested conditional intention to cancel the contract if the tenant did not pay them within the period.
As the tenant delayed payment, the lender demanded eviction based on cancellation of the lease contract.
The tenant argued that there was water leakage because of deterioration of water heater just before receiving the lender’s notice, and the cancellation was invalid.
The court denied the tenant’s allegations because effect of water leakage was minor and the lender repaired the water heater immediately; and acknowledged that the lease contract was validly cancelled based on three months’ non-payment of the rent.

This is one of the cases of eviction that cancellation of building lease contract based on three months’ non-payment was acknowledged.

01/09/2022

01/10/2022