Best Landlord & Tenant Lawyers in Shizuoka

About Landlord & Tenant Law in Shizuoka, Japan

This guide explains the practical and legal issues that commonly arise between landlords and tenants in Shizuoka Prefecture. In Japan, landlord-tenant relationships are primarily governed by the Civil Code and the Act on Land and Building Leases, together with contract terms the parties agree on. Local practice and enforcement take place in the same way across prefectures, but if you live in Shizuoka you will work with local municipal offices, the Shizuoka Bar Association, and local courts for dispute resolution. Common topics include lease formation, security deposits, repairs and maintenance, rent changes, and eviction procedures.

Why You May Need a Lawyer

Many disputes can be resolved by clear communication. However, a lawyer can be necessary when the situation raises legal risks, factual disputes, or when one side refuses to negotiate in good faith. Common situations that call for a lawyer include:

- Eviction or threatened eviction where the landlord is seeking to remove a tenant and the tenant disputes the grounds.

- Significant unpaid rent or a dispute over the amount owed.

- Disagreements over security deposit deductions after move-out.

- Major repair or safety issues that the landlord will not address.

- Disputes involving guarantors or guarantee companies.

- Complex lease terms such as fixed-term leases, subletting permission, or commercial tenancy issues.

- Cases where urgent court orders or enforcement procedures are needed.

Local Laws Overview

Key legal concepts that apply in Shizuoka are the same as in the rest of Japan, but enforcement and available local services will be delivered by Shizuoka offices and courts:

- Types of lease agreements - Ordinary residential leases usually allow tacit renewal unless a fixed-term lease is written. Fixed-term leases end on the agreed date without automatic renewal unless the contract provides otherwise.

- Security deposits and key money - Deposits, called shikikin, can be used to cover unpaid rent and repair costs for damage beyond normal wear and tear. Key money, or reikin, is a non-refundable payment in some contracts. Any deductions should be itemized and documented.

- Repairs and maintenance - Landlords are generally responsible for structural defects and major repairs. Tenants must take care of daily maintenance and avoid causing damage beyond normal use.

- Rent increases and reductions - Rent changes should follow the contract terms and require reasonable notice and justification. Courts may review increases for reasonableness if a dispute arises.

- Eviction and possession - Landlords cannot forcibly evict tenants by themselves. To evict a tenant lawfully, a landlord typically must obtain a court judgment and then use legal enforcement procedures to regain possession.

- Dispute resolution - Many disputes are handled by negotiation, mediation, or by filing a civil suit at the local court. Summary conciliation and mediation services are commonly used to reach a settlement without full litigation.

Frequently Asked Questions

What should I do if my landlord wants me to leave before the lease ends?

First, check your lease for early termination clauses and notice requirements. If there is no agreed early termination, you should ask the landlord for a written explanation of the grounds. Landlords cannot forcibly remove you. If the landlord files for eviction, seek legal advice promptly. A lawyer can negotiate on your behalf or represent you in court and explain any compensation obligations if you agree to leave early.

How is the security deposit handled when I move out?

At move-out the landlord may deduct unpaid rent and reasonable repair costs for damage beyond normal wear and tear. The landlord should provide an itemized accounting of deductions and return the balance. If you disagree, gather evidence such as photos, move-in checklists, receipts, and correspondence, and consider mediation or legal consultation to seek recovery.

Can my landlord increase the rent?

Rent increases must comply with the lease terms and should be reasonable. If the lease specifies how rent can be changed, follow that clause. Sudden or large unilateral increases without proper notice or contractual basis can be challenged. If you receive a proposed increase, try to negotiate and seek advice if it seems unfair.

Who pays for repairs when something breaks?

Landlords are generally responsible for major structural and safety repairs. Tenants are usually responsible for routine maintenance and for damage caused by the tenant beyond normal wear. The lease may allocate specific responsibilities. If a landlord refuses to fix a serious problem, document the issue and request repairs in writing. If necessary, consult a lawyer about remedies, which may include demanding repair, reducing rent, or pursuing a claim.

Can I withhold rent if the landlord does not make repairs?

Withholding rent is risky without legal advice. In some cases where the landlord breaches essential obligations, tenants may have remedies such as requesting repairs, seeking rent reduction, or filing a lawsuit. Before withholding rent, consult a lawyer to avoid breaching your contract and exposing yourself to eviction or claims for unpaid rent.

What rights does a guarantor have in Shizuoka?

Guarantors, or hosho-nin, are legally responsible for the tenant's obligations under the lease to the extent agreed in the guarantee. Guarantee companies are commonly used and their liability depends on the guarantee contract. If a claim is made against a guarantor, they may be able to raise defenses used by the tenant and should get legal advice quickly.

Can I sublet my apartment?

Subletting depends on your lease. Many residential leases require the landlord's written consent to sublet. Subletting without consent can be a breach of contract and may lead to termination. If you need to sublet, seek written permission and document the landlord's approval.

What steps should a landlord follow to evict a tenant legally?

A landlord should follow the terms of the lease and applicable law. Typically the landlord must give proper written notice, show legal grounds for termination, file a civil action if the tenant does not vacate, obtain a judgment, and then request enforcement to remove the tenant. Self-help eviction is illegal and can lead to criminal or civil penalties. Landlords should consult a lawyer to ensure proper procedure.

How long will a dispute take to resolve?

Timing varies with the method chosen. Mediation or summary conciliation can resolve issues in weeks to a few months. Full civil litigation may take many months or longer depending on complexity and court schedules. Enforcement after a judgment also takes additional time. Early legal advice can reduce delays and avoid unnecessary escalation.

Where can I get free or low-cost legal advice in Shizuoka?

There are several options including free legal consultation sessions organized by the local bar association, legal aid for eligible low-income residents, and municipal consumer or housing consultation services. Contact local government housing divisions or the Shizuoka Bar Association for details on free clinics and eligibility for legal aid.

Additional Resources

When seeking help in Shizuoka, consider these local bodies and organizations for guidance and referrals:

- Shizuoka Prefectural Government - Housing Division for local housing advice and programs.

- Shizuoka City or your municipality's housing or consumer affairs office for local consultations.

- Shizuoka Bar Association for lawyer referrals and information on free legal consultation days.

- Shizuoka District Court for filing civil actions and information on court procedures.

- Local legal aid organizations for financially eligible residents who need representation.

- National and prefectural consumer centers for general dispute advice.

Next Steps

If you need legal assistance with a landlord-tenant issue in Shizuoka, follow these steps:

- Gather documents: lease, receipts, correspondence, photos, move-in and move-out records, and any written notices.

- Try to resolve the issue directly: send a polite but clear written request explaining the problem and what you want to happen. Keep copies.

- Use local consultation services: attend a free legal clinic or contact your municipal housing or consumer affairs office for initial guidance.

- Seek a lawyer if the other party refuses to cooperate, if large sums are at stake, or if eviction or enforcement procedures are likely. Ask about fees, case strategy, and alternatives like mediation.

- If you qualify, apply for legal aid to help with costs.

- Act promptly: some remedies are time-sensitive and delay can limit options.

Getting the right advice early helps protect your rights and can often lead to faster, less costly resolutions. If you are unsure where to start, contact your local municipal housing office or the Shizuoka Bar Association for information on consultations and referrals.