In condominium management, dealing with problematic tenants who may require forced removal is an issue that cannot always be avoided. However, a forced eviction cannot be carried out solely at the owner's discretion, and the legal requirements and procedures must be followed. In this article, we explain the conditions under which forced eviction is recognized, the procedural flow, and the key points to keep in mind.
What conditions allow a tenant to be forcibly removed from a condominium?
Forced eviction is a serious measure that restricts a tenant's rights, so it requires a legitimate reason and appropriate procedures. It may be considered when the following conditions apply.
More than 3 months of unpaid rent
In practice, rent arrears of only one to two months are often not accepted as sufficient grounds for forced eviction. Forced eviction may be considered when arrears continue for three months or longer and the tenant does not respond to payment demands.
Repeated noise problems
Noise issues that do not improve despite repeated warnings may constitute grounds for forced eviction because they significantly interfere with the lives of other tenants. It is important to keep records of complaints.
Keeping pets without permission
If unauthorized pet ownership is discovered in a no-pets property, the owner may request that the tenant vacate for breach of contract. Complaints from neighbors and records confirming the situation can serve as evidence.
Exceeding the occupancy limit or unauthorized subletting
Living in the unit with more people than allowed under the contract or subletting it without the owner's permission constitutes a breach of contract. Unauthorized use as a short-term rental creates the same issue.
Damage to the building or use outside the agreed purpose
Intentionally damaging the building or using a unit as a business office even though it was leased as a residence is a use contrary to the purpose of the contract and may qualify as grounds for eviction.
What is the process leading to forced eviction?
Forced eviction proceeds through a series of steps. To move forward in a legally valid manner, each step should be carried out carefully.
Step 1: Verbal and written warning
Start with a verbal warning, and if the problem does not improve, issue a written warning. It is important to keep a record of the dates and the details.
Step 2: Notice by certified mail
If there is still no improvement, notify the tenant of the intention to terminate the contract by certified mail. This format is effective as legal evidence.
Step 3: Notice of contract termination
If the problem does not improve even after a cure period is provided (typically one to two weeks), formally notify the tenant of the termination of the lease agreement.
Step 4: Filing a lawsuit for surrender of the property
If the tenant does not comply with a voluntary move-out request, file a building surrender lawsuit with the court. If the tenant still does not leave after judgment, the case moves to compulsory execution procedures.
Step 5: Compulsory execution
Based on the court's judgment, the court enforcement officer removes the tenant. Because costs such as the removal of remaining belongings may also arise, this should be positioned as a last resort.
What points should owners be careful about in forced eviction procedures?
If the procedures are mishandled, the owner may also be placed at a disadvantage. Please pay attention to the following points.
Self-help remedies are strictly prohibited
It is illegal for the owner to change the locks or remove belongings on their own. Be sure to proceed through legal procedures.
Recording and preserving evidence
Complaint records, photographs, written communications, and other evidence should be preserved in chronological order. This can work in your favor in litigation.
Consulting a lawyer early
Forced eviction procedures require specialized knowledge. By consulting a legal professional at an early stage, you can take appropriate action.
Frequently Asked Questions (FAQ)
Q. After how many months of unpaid rent can a tenant be forcibly evicted?
Generally, arrears of three months or more are the benchmark. However, repeatedly falling behind by one month at a time may also be regarded as serious misconduct.
Q. How much does a forced eviction cost?
Typical costs are legal fees of JPY 300,000 to 600,000, litigation costs of several tens of thousands of yen, and compulsory execution costs of JPY 300,000 to 500,000. In some cases, the total can exceed JPY 1 million.
Q. How long do forced eviction procedures take?
From demand notice to compulsory execution, the process usually takes about six months to one year. If the lawsuit becomes prolonged, it may take even longer.
