Case021: 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 February 25, 2013 (Case Number: 2012-WA-27160)
Summary
- Tokyo District Court acknowledged the validity of cancellation of building lease contract based on 3 months’ non-payment.
Parties of the Case
- KMY Co., Ltd. (lender) vs. Faith to concept Co., Ltd. (tenant) and an individual resident (sub-lessee)
Claims
- Claim to surrender a building, a parking lot and a trunk room based on cancellation of lease contract
Location and Purpose of Use of the Building
- a room for dwelling, a parking lot and a trunk room
Rent
- 430,000 yen per month (including parking fee)
Circumstances
- The lender lent a room for dwelling, a parking lot and a trunk room to the tenant. The tenant subleased them to a sub-lessee with the lender’s prior consent.
- When the tenant did not pay the three-months’ rent, the lender demanded to pay unpaid rent within 5 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 the air conditioner was out of order and there was trouble to live in the room, so the cancellation was invalid.
- The court denied the tenant’s allegations because malfunction of the air conditioner was minor and the lender repaired the water heater withing reasonable period; 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.
