Case017: 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 December 27, 2016 (Case Number: 2016-WA-29071)
Summary
- Tokyo District Court acknowledged the validity of cancellation of building lease contract based on 2 months’ non-payment.
Parties of the Case
- Sekisui House Real Estate Tokyo, Ltd. (the then company name was Sekiwa Real Estate, Ltd.) (lender) vs. Cube Co., Ltd. (tenant) and its representative director (occupant)
Claims
- Claim to surrender a room based on cancellation of lease contract
Location and Purpose of Use of the Building
- a room for dwelling in Tokyo
Rent
- 144,000 yen per month
Common Service Expense
- 8,000 yen per month
Circumstances
- In the lease contract, there was a special clause providing that the lender can cancel the contract without any demand if the tenant fails to pay the rent for more than one month.
- When the tenant did not pay the two-months’ rent, the lender cancelled the contract because of two months’ arrearage.
- 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 because the tenant delayed payment of the rent frequently up to 4 months and acknowledged that the lease contract was validly cancelled based on 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.
