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.
- An individual building owner (lender) vs. An individual tenant (tenant)
- 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
- 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.