For owners and managers dealing with unpaid rent or disputes over security deposit refunds, small claims court is an effective way to pursue a legal resolution while keeping time and costs under control. This article explains the process in practical terms, from the outline of the system to how to draft a complaint.
What is small claims court? How can it be used in real estate disputes?
Small claims court is a court procedure that, in principle, allows a judgment to be obtained from a summary court in a single day when the claim amount is 600,000 yen or less. It was introduced in 1998, and because the complaint is simplified, the process can be handled even without retaining a lawyer.
What types of claims can be brought in small claims court under a real estate lease?
Claims for rent payment and claims for the return of a security deposit are the main categories.
Monetary claim against a tenant in rent arrears
This is a way to respond to a delinquent tenant who does not comply even after repeated demands. It is important to prepare supporting documents in advance, such as the contract, receipts, and memoranda. If the tenant does not comply with the judgment, compulsory execution is also possible.
Claim for return of the security deposit
Required documents include the lease agreement, security deposit settlement statement, restoration cost statement, proof of delivery for certified mail, and photographs from move-in and move-out.
What is the specific process for small claims court?
Its biggest feature is that, in principle, the matter is completed in a single day, from filing the complaint to receiving judgment.
- File the complaint：with the court that has jurisdiction. Support with preparation is available at the court counter
- Complaint accepted：after review, a date is set for the oral hearing
- Court date：arrive at least 15 minutes early. Being late or absent creates a risk that the other side's arguments will be accepted
- Judgment：issued the same day. In many cases, the court also encourages settlement
What are the key points when drafting the complaint?
It should be prepared on one side of A4 paper in 12-point font. The main items to include are as follows.
- Case name：“Claim for Unpaid Rent”“Claim for Unreturned Security Deposit” and similar descriptions
- Cause of claim：state the facts specifically in line with the 5W1H framework
- Attached documents：exhibit explanation, filing fee, postage stamps, seal
Frequently Asked Questions (FAQ)
Q. How much does small claims court cost?
Stamp fees are approximately 1,000 to 6,000 yen, depending on the claim amount. Because the case can proceed without a lawyer, costs can be reduced substantially.
Q. Can a small claims case be moved to ordinary civil litigation?
Yes. If the defendant requests transfer to ordinary litigation, the matter is switched to a standard civil lawsuit.
Q. What should I do if the unpaid rent exceeds 600,000 yen?
In that case, you will need to consider ordinary civil litigation or mediation. We recommend consulting a qualified professional.
