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

Summary

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

Parties of the Case

  • An individual building owner (lender) vs. An 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 Tokyo

Rent

  • 165,000 yen per month

Circumstances

  • 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 that 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.

Comment

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