Case019: court acknowledged the validity of cancellation based on around 3 months’ non-payment
C O N T E N T S
Judgement of the Tokyo District Court on January 22, 2017 (Case Number: 2016-WA-24621)
Summary
- Tokyo District Court acknowledged the validity of cancellation of building lease contract based on around 3 months’ non-payment.
Parties of the Case
- An individual building owner (lender) vs. an individual joint surety of the tenant (joint surety)
Claims
- Claim for unpaid rent and damages due to delay of surrender by the tenant
Location and Purpose of Use of the Building
- a building for dwelling
Rent
- 105,000 yen per month
Common Service Expense
- 2,500 yen per month
- 10,000 yen per month for parking fee
Circumstances
- As the tenant did not pay the rent for around three months, the lender cancelled the lease con-tract. The lender demanded unpaid rent and damages due to delay of surrender by the tenant from the joint surety of the tenant.
- The joint surety of the tenant argued that the contract of guarantee was invalid because they believed that there was no arrearage by the tenant.
- The court denied the joint surety’s allegations. The court acknowledged that the lease contract was validly cancelled based on around three months’ non-payment of the rent and ordered the joint surety to pay unpaid rent and damages.
Comment
- This is one of the cases that cancellation of building lease contract based on around three months’ non-payment was acknowledged.
