Case023: 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 three months’ non-payment.

Parties of the Case

  • A building owning company (lender) and a surety company (lender’s surety company) vs. an individual (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

Rent

  • 36,000 yen per month

Circumstances

  • In the contract of guarantee between the surety company and the tenant, there was a special clause providing that the lender and the surety company can cancel the contract without any demand if the tenant fails to pay the rent for three months or more.
  • When the tenant did not pay the rent for three months, the lender canceled the lease contract.
  • The court 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.