Do you have an apartment for rent in Japan? Suppose you are now willing to take your apartment back as the economy is showing a good rise and it is an excellent time to sell the property as well. Here is a question: Can a Property Owner Let the Tenant Move Out in Japan?
In Japan, the relationship between landlords and tenants is governed primarily by the Civil Code and the Act on Land and Building Leases (借地借家法, Shakuchi Shakuyahō). These laws are designed to protect tenants, making it difficult for landlords to unilaterally force tenants to move out. Whether or not a property owner can require a tenant to vacate depends on the type of lease, the timing, and the reasons involved.
1. Fixed-Term Lease (定期借家契約)
A fixed-term lease specifies both the start and end dates of the rental contract.
- When the term ends: The contract automatically expires, and the tenant must move out unless both parties agree to sign a new lease.
- During the term: The landlord cannot unilaterally terminate the lease unless the tenant seriously violates the contract (e.g., nonpayment of rent, property damage, illegal use).
👉 In this case, the landlord does not need “just cause” to end the tenancy—simply allowing the lease to run its course is enough.
2. Ordinary Lease (普通借家契約)
An ordinary lease automatically renews unless either party gives notice. Here, tenants enjoy stronger protections:
- Landlord’s termination: The landlord must provide a legally recognized “just cause” (正当事由, seitō jiyū). Examples include:
- The landlord urgently needs to use the property themselves.
- The tenant repeatedly fails to pay rent.
- The tenant violates the lease agreement.
- Court’s perspective: Japanese courts weigh the hardship on both sides. Even if a landlord has a reason, the tenant’s situation (such as having children in local schools) may make eviction difficult.
- Notice period: The landlord must usually give at least six months’ notice before termination.
👉 In practice, it is very difficult for landlords to force tenants out under an ordinary lease without clear and strong justification.
3. Tenant-Initiated Move-Out
Regardless of lease type, tenants in Japan can generally move out by giving notice:
- Ordinary lease: One month’s notice is typical unless otherwise stated in the agreement.
- Fixed-term lease: Early termination is usually not allowed unless there is an unavoidable reason (e.g., job relocation, illness), and the contract specifically permits it.
4. Key Takeaway
In Japan, property owners cannot freely make tenants move out.
- With a fixed-term lease, the tenant must vacate at the end of the term, but not before.
- With an ordinary lease, the landlord needs a legally recognized just cause, which courts interpret very strictly.
- Tenants, however, can usually end the contract more easily by giving notice.