Case033: court acknowledged the validity of cancellation based on non-payment of 2 months’ rent and renewal fees for 2 times renewal
C O N T E N T S
Judgement of the Tokyo District Court on April 20, 2017 (Case Number: 2016-WA-5339)
Summary
- Tokyo District Court acknowledged the validity of cancellation of building lease contract based on non-payment of 2 months’ rent and renewal fees for two times renewal.
Parties of the Case
- Issei Co., Ltd. (lender) vs. an individual tenant (tenant) and an individual joint surety (joint surety)
Claims
- Claim to surrender a building based on cancellation of lease contract
Location and Purpose of Use of the Building
- A building for a restaurant in Shinjuku Ward, Tokyo (grilled meat)
Rent
- 235,000 yen per month (tax included)
- Renewal fee: amount of one month’s rent
Circumstances
- As the tenant did not pay 3 months’ rent and renewal fees for two times renewal, the lender demanded to pay them within 14 days. As the tenant only paid one month’s rent within the period, the lender manifested intention to cancel the contract.
- The tenant argued that the lender harassed the tenant hindering their entering parking lot by parking a car on the passage.
- The court denied the tenant’s allegations judging that the tenant damaged the lender’s car in return of their harassment and the harassment has already finished.
- The court acknowledged that the lease contract was validly cancelled based on non-payment of 2 months’ rent and renewal fees for 2 times renewal.
Comment
- This is one of the cases of eviction that cancellation of building lease contract based on non-payment of 2 months’ rent and renewal fees for 2 times renewal was acknowledged.
