Case012: 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 July 11, 2014 (Case Number: 2013-WA-29374)
Summary
- Tokyo District Court acknowledged the validity of cancellation of building lease contract based on 2 months’ non-payment.
Parties of the Case
- building owner (lender) vs. Minnadeooyasan-Hanbai Co., Ltd., i-BIO Co., Ltd., INDEPEND-ENCE KINGDOM Co., Ltd., Independence Asset Management Co., Ltd, TS Advisers Co., Ltd., TS REIT company, WASUKI Hotels&Resorts Co., Ltd., Smile Toshi-Sohken Co., Ltd., Kyo-sei-Bank Co., Ltd. and Toshi-Sohken invest bank Co., Ltd. (tenants)
Claims
- Claim to surrender building based on cancellation of building lease contract
Location and Purpose of Use of the Building
- a room of an office building and its parking lot
Rent
- room: 1,549,890 yen per month
- parking lot: 90,000 yen
Common Service Expense
- room: 364,680 yen per month
Deposit
- room: 15,498,900 yen
- parking lot: 270,000 yen
Circumstances
- The tenants delayed payment of the rent several times and the amount of unpaid rent was over that of two months.
- The lender demanded unpaid rent and cancelled the contract.
- The tenant argued that the relationship of mutual trust between the lender and the tenant had not been dissolved because the amount of unpaid rent was not large.
- The court denied the tenant’s allegations considering that one of the tenants received an administrative disposition, and acknowledged that the lease contract was validly cancelled based on around two months’ non-payment of the rent.
Comment
- This is one of the cases of eviction that cancellation of building lease contract based on two months’ non-payment was acknowledged.
