"I lost my rental agreement"—this is not an uncommon issue in the field of property management. Reissuance is generally not possible, but obtaining a copy is possible, and the lease itself remains valid even without the document. In this article, we explain practical responses and preventive measures from a property management perspective.
What Is a Rental Agreement?
A rental agreement is a legal document executed when leasing a rental property, and it sets out items such as the property address, floor plan, lease term, rent, and termination conditions. In January 1993, Japan's Ministry of Land, Infrastructure, Transport and Tourism prepared a standard form, and it functions as an important document that evidences the tenant's rights. It is important to note that this is different from the Important Matters Explanation provided in advance.
Can a Rental Agreement Be Reissued?
Conclusion: as a general rule, a rental agreement cannot be reissued. The reason is that if a reissued document bears the same preparation date as the original agreement, it may become impossible to determine which document takes precedence, creating the risk of disputes. In the worst case, there is even a possibility that the matter could develop into litigation.
However, it is possible to request a copy of the original kept by the real estate company. In general, real estate companies retain agreements for at least five years after execution. Because a fee may be charged for issuing a copy, please confirm in advance.
Will Losing the Agreement Cause Serious Problems?
This may seem surprising, but losing a rental agreement usually does not cause any major disruption in everyday life. The reasons are as follows.
- There are very few occasions when the agreement itself must be submitted as a document
- Document submission is generally not required even when moving out
- Even if the document is lost, the lease will not be terminated or invalidated (because the agreement is already concluded at the time of signing)
However, from a practical standpoint, the risk is that you may no longer be able to confirm details such as restoration obligations at move-out and renewal conditions. It is advisable to keep a copy on hand.
Best Practices in Document Management That Property Management Companies Should Implement
As a property management company, you should take steps to minimize trouble caused by tenants losing their agreements.
- Use electronic contracts: store agreements in the cloud and establish an environment where tenants can access them at any time
- Guide tenants to keep scanned copies of important documents: recommend converting them to PDF and storing them in the cloud at move-in
- Clarify the copy issuance process: document the response procedure in case of loss, including the contact point, fees, and time required
Recommended Reading
- How to Choose a Rental Management Company? Key Points Owners Should Confirm Before Outsourcing
- The Complete Guide to "Pre-Move-In Checks" That Determine the Success of Rental Management | Preventing Trouble and Preserving Asset Value
- Real Estate Management With Zero Management Cancellations | An Operating Structure Realized Through Technology and Systemization
Frequently Asked Questions (FAQ)
Q. If I lose my rental agreement, can the landlord force me to move out?
No, that will not happen. Losing the agreement is not a reason for termination of the lease, so please rest assured.
Q. Can I ask the real estate company for a copy of the original?
Usually, yes. However, depending on the company, a fee may apply. Please contact them in advance to confirm.
Q. If the agreement is electronic, does that eliminate the risk of loss?
Because it is stored in the cloud, the risk of physically losing it is significantly reduced. However, care is still required in account management, such as when passwords or email addresses change.
Q. Are the Important Matters Explanation and the rental agreement the same thing?
No, they are separate documents. The Important Matters Explanation is a document explained by a licensed real estate transaction specialist under Japan's Real Estate Brokerage Act, and it differs from the agreement in both content and format. Please keep both documents in a safe place.
