This article is written by a Japanese local.
You have passed the screening and are finally at the stage of signing the rental contract. Many tenants, exhausted by the thick documents and legal jargon, stamp their seal without reading the content. However, the “Special Clauses (特約事項, Tokuyaku-jiko)” listed at the end of the contract often contain extremely dangerous traps that bind the tenant legally.
This article deconstructs the phrases that malicious management companies or owners slip into these clauses and explains the risks. In conclusion, by not overlooking clauses regarding “tenant responsibility for normal wear and tear,” “high fixed cleaning fees,” and “penalties for early termination,” and by negotiating revisions (or declining the contract) in advance, it is entirely possible to avoid paying unfair costs amounting to hundreds of thousands of yen when moving out.
1. The Legal “Absolute Effect” of Special Clauses
A “Special Clause” is a rule that overrides the general principles of law. In Japan’s rental contracts, these clauses take precedence over general terms.
For example, while MLIT guidelines state that “normal wear and tear such as wallpaper discoloration is borne by the owner,” if a special clause states “normal wear and tear is also borne by the tenant” and you sign it, that clause is generally legally valid. The excuse of “I signed it without knowing” does not hold up in practice.
2. The “3 Risky Phrases” You Must Never Overlook
Be sure to confirm every single word in the “Special Clauses” section of the contract for the following phrases.
① “House cleaning fees upon moving out shall be borne by the tenant.”
This is not illegal, but it becomes a fatal landmine if “the amount is not clearly stated” or “it is abnormally high compared to market rates.”
- Safe Clause: When a fixed amount is clearly stated, e.g., “The tenant shall bear 40,000 JPY (plus tax) as the house cleaning fee upon moving out.”
- Risky Clause: When it states “The tenant shall bear the actual cost of cleaning.” There is a risk of being billed over 100,000 JPY at the contractor’s whim. Be wary of additional clauses like “Internal AC cleaning fee (15,000 JPY+ per unit) shall be borne separately.”
② “Termination within 1 year shall result in a penalty equal to X months of rent.”
This is a penalty clause for early termination. It is set for almost 100% of properties with low initial costs or “Free Rent.” For expatriates or entrepreneurs who may need to relocate, this clause severely restricts liquidity. While “1 month’s rent” for termination within 1 year is the market standard, malicious cases set it at “2 months’ rent.”
③ “Repair costs for normal wear and tear and aging shall be borne by the tenant.”
As mentioned above, this is the most malicious clause. It indicates the owner’s intention to have the tenant pay for everything from natural scratches from living to equipment failure due to age (such as water heater or pre-installed AC failure). Properties with this clause should be avoided as trouble is guaranteed.
3. Clauses Regarding “Periods and Notifications”
Beyond money, there are clauses that restrict your actions.
| Special Clause to Check | Practical Risks and Notes |
|---|---|
| Notice period for move-out | Usually “1 month before moving out,” but high-end or business properties may set it at “2 months” or “3 months.” If a sudden relocation is decided, you will end up paying double rent for a period you are not living there. |
| Obligation to notify of absence | A clause stating “If the room is left empty for over a month, the landlord must be notified.” Business professionals who travel abroad frequently should be careful; neglecting this can be grounds for contract termination. |
4. Practical Q&A on Negotiations
Q. Can I negotiate the removal or revision of disadvantageous special clauses?
A. Yes. Since a contract is established by the mutual agreement of both parties, before you stamp your seal, you can play the negotiation card: “I will not sign unless this special clause (e.g., AC cleaning fee) is removed.” If the owner prioritizes filling the vacancy, there are plenty of cases where they will cross out and invalidate the clause (with both parties stamping their correction seals).
Q. I already signed a contract containing disadvantageous clauses. Do I absolutely have to pay?
A. Even if signed, if the clause is “extremely one-sided and unfair (profiteering),” you may be able to assert its invalidity under the Consumer Contract Act. However, fighting this legally incurs significant time, labor, and costs such as lawyer fees. Therefore, “detecting it before signing” is your only rational defense.