In rental property management, there are cases where an eviction notice becomes necessary due to issues such as rent arrears or noise troubles. However, eviction notices are subject to legal constraints, and if the process is mishandled, the property management company may suffer disadvantages. Here, we explain the legal requirements and practical responses for eviction notices that management professionals should understand.
What situations require an eviction notice?
The main reasons for an eviction notice are as follows.
- Long-term rent arrears: Cases where arrears continue without any contact with the property management company
- Noise troubles: Cases where nuisance behavior affecting neighbors is not corrected
- Breach of contract: Keeping pets in a no-pets property, unauthorized subletting, and similar issues
How much legal force does an eviction notice actually have?
An important point is that an eviction notice itself has no legally binding force. In the case of an ordinary lease agreement, unless the tenant has clearly violated the rules, there is no obligation to comply with the move-out request, and automatic renewal is the basic rule.
However, in the case of a fixed-term lease agreement, the obligation to move out arises when the term expires. In day-to-day management practice, confirming the contract type is the highest priority.
What are the valid grounds and procedures for requesting a move-out?
Cases recognized as valid grounds
- Rebuilding due to building deterioration: For example, when there are problems with seismic safety. Relocation compensation may arise
- Owner's personal use: For example, when returning from a distant location. Relocation compensation may be claimed
- Tenant's breach of contract: Violations such as keeping pets despite a no-pets rule or long-term rent arrears. In principle, relocation compensation is unnecessary
Procedure flow
Under Article 26 of Japan's Act on Land and Building Leases, it is necessary to send a written move-out demand six months to one year before requiring vacancy. The written demand should clearly state the reason for the move-out, the timing, and whether relocation compensation will be provided.
Frequently Asked Questions (FAQ)
Q. After how many months of rent arrears can a move-out be requested?
Generally, arrears of three months or more are recognized as a breakdown of the relationship of trust and constitute valid grounds for contract termination.
Q. What is the typical amount of relocation compensation?
A common benchmark is the equivalent of 6 to 12 months of rent, but it varies depending on the individual circumstances and the negotiations.
Q. What if the tenant refuses to move out?
In that case, it will be necessary to file a lawsuit for surrender of the premises with the court. Please consult a lawyer and proceed with the appropriate legal steps.
Related reading
- Property management with zero management contract cancellations | The full picture of an operating structure realized through technology and systemization
- What are "leasing operations," which determine the success or failure of rental property management?
- What are the rent reduction guidelines? The impact of the 2020 Civil Code revision and how landlords should respond
