Case004: court acknowledged the validity of cancellation based on 2 months’ non-payment
C O N T E N T S
Judgement of the Tokyo District Court on September 7, 2007 (Case Number: 2007-WA-9447)
Summary
- Tokyo District Court acknowledged the validity of cancellation of building lease contract based on 2 months’ non-payment.
Parties of the Case
- CTK Co., Ltd.(lender) vs. a Resident (tenant) and its joint sureties
Claims
- Claim to surrender building based on cancellation of building lease contract
Location and Purpose of Use of the Building
- A residence in Ota-ku, Tokyo
Rent
- 158,000 yen per month
Circumstances
- The tenant never paid the rent by the due date.
- The joint surety paid the rent for 14 months upon demands from the lender, but he declared that he will not pay the rent anymore.
- The lender cancelled the lease contract based on two months’ non-payment.
- The court judged that particular circumstance did not exist that the non-payment did not dissolve the relationship of mutual trust between the parties of the lease agreement.
Comment
- This is one of the cases of eviction that cancellation of building lease contract based on two months’ non-payment was acknowledged.
