Possible eviction, Need HELP!

[MarvinS]

Edited by OP

[person]

I’m hoping that the time period is not short like 3 days or so, as this would not give a sufficient amount of time to find and move to a new apartment.

Any suggestions would be very much appreciated!

Thanks, Marv.

I'm sorry I can't really help you; however, I do have a question --

How can you move to a new apartment if you can't pay your current rent? I mean, you need money to move into a new place -- even if it were just one month's rent.

Hope you get some answers and it all works out.

[MarvinS]

Well, I may have to see if I can move in with a friend, but before that hopefully I can find new employment to cover the new apartment, and then if evicted pay back the money owed for the last apartment. Thants if im evicted and why I'm so curious regarding the eviction time period.

[well_bicyclically]

a cursory check on internet shows that 6 months is the period required for eviction. The laws regarding this were changed in 1999. Historically, this period was rent free so that you could save up enough for the next place you lived.

PLEASE check with legal advisor for the current, correct information.

[paulh]

a cursory check on internet shows that 6 months is the period required for eviction. The laws regarding this were changed in 1999. Historically, this period was rent free so that you could save up enough for the next place you lived.

PLEASE check with legal advisor for the current, correct information.

It is 6 months if you are renting from your employer and you are in company provided leased accomodation. It may be different if you are renting through a private landlord with no connection to your employment. He is entitled to be paid his rent and he can start eviction proceedings against you if you dont pay rent. Technically its difficult to evict people here but he may have a strong case if you are a month behind in the rent. You can protest an eviction but you will probably need some legal advice first and take the case to arbitration if it comes to that.

[paulh]

Question: I was fired over a dispute about working conditions. Although I have not agreed with being dismissed this way, my employer also told me to move out of the apartment provided by the company, as required by the contract. Do I have to leave the apartment now ? If so, I will have to find another place. What should I do ?

Answer: When an apartment is contracted by a company, the civil laws are applied differently depending on whether it is provided free or is leased.
Normally, the former cases is covered by the provisions in Article 593 of Civil Law, and the latter by Article 601 of the Civil Law. However, if the rent is extremely low, there will be some question as to whether the latter case applies.
If you have a rent-free apartment, you are required under the terms of worker-as-tenant to give up the apartment on the day specified in the contract (Article 597,Civil Law).
The employer has demanded that you move out of the apartment at the time of your dismissal. If you do not comply with that demand, your employer could possibly take to matter to court.
On the other hand, a lease contract with a company is governed by Article 28 of the Land and Building Act. According to the act, in order to end a lease relationship, an employer as a landlord is required to give notice to an employee, with a justifiable reason. When the lease has a specified period, the landlord should give advance notice of 6 months to one year and should clearly tell the employee that he/she does not intend to renew the lease contract.

Also, with a lease that has no specified duration, advance notice to vacate the property of at least 6 months is required. Therefore, even if it is stated in a contract that the employee shall move out immediately upon dismissal, such requirement is totally contrary to the Land and Building Act (Article 30, Land and Building Act, or Article 6, former Land and Building Act). The landlord can never make a tenant leave by force. In the case of a company house, the argument often turns on whether it is provided free or is leased. The court rules that each case should be carefully considered under its own merits. Since the situation that arise are not always typical, the right decision is not easily reached. Therefore, it is recommended that further discussion is needed between you and your employer and that your landlord should wait until you find another place to live.

[MarvinS]

Paulh, Thanks for your information. This info has been covered many times on this forum and does not relate to my case as I am not living in a company supplied apartment.
I am living in a private contracted apartment that I set up myself that has nothing to do with the company I worked for.

I would very much appreciate the forums input on this matter as up until now the eviction matter/process for a privately rented apartment has hardly been touched. Any Guru’s out there that can offer any info?
Would be greatly appreciated! Marv.

[U99A]

Dont worry. You cannot be forced to vacate if you cannot afford to pay.

It would take up to one year to get you evicted. Just explain that you will pay in full as soon as you can. Do not give into any bullying if there is any.

Good luck on finding a new job!

[MarvinS]

(Sigh of relief…………)
U99A thanks so much for your reply. I don’t expect it would take up to a year to find new employment perhaps 1-2 months tops. After all one has to eat.

Curious though. If you don’t mind me asking, do you know this information through your profession or experience or through hear say?

I’ve read on the forums that the lease law definitely favours the tenant however up to a year to evict is extremely generous on the tenants side.

Anywhere I can find this info on the Web in English?

Thanks.
Marv

[ezra]

Marvin,
Good luck in finding a new job. Do not worry about getting locked out of your apartment. Your landlord under japanese law can't change your locks or move your belongings unless he has a court ordered eviction. To get this eviction he must take you to court and sue you for it.
He if he denies access to your apartment or belongings this a criminal act on his part under japanese law and you will get compensation from him. i know this for a fact a similiar situation happened to me and I retained a lawyer. I have a letter written to the landlord from the lawyer stating the above facts. I also recommend you not to scam out on rent like this tell him the landlord you pay him as you get the money and please make the effort to do this.