Case023: 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 January 12, 2017 (Case Number: 2016-WA-29769)
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.
