3 months notice to vacate guest house. Legal?

[Leeroy]

Hi

My guest house is being closed down and we have a 3 month window in which to move out by. Recently I`ve been to a lot of Fudosan looking for a new place and when they`ve heard of the length of notice to vacate my current residence, they`ve all said this is possibly illegal. Several Fudosan staff have told me that Japanese law requires landlords and such to give a minimum of 6 months notice to vacate a place of residence. If not, tenants are eligible for compensation.

Now, whether or not this pertains to renting a room in a guest house, I`m not sure so that`s why I`m asking anyone here if they know about this. I`ve been searching the forums here but it`s hard to find any information specifically concerning guest houses. If the rental company is in the wrong and it is worth me pursuing this further, naturally, I`d like to do it. Needless to say, finding accommodation in Japan is expensive and the fact that they`ve only given us 3 months to get out is not a lot of time to muster up the large sums of money required for shikikin/reikin payments.

If anyone has any advice in this matter, I`d be grateful to hear it.

Thanks

[ballbags]

Can't answer your question, but I suggest you go down to the City Hall and ask them. They will know, or will be able to point you in the right direction. Or maybe ask at the information desk at International House if your city has one. (there is one in Kobe, Osaka, Nagoya etc). Tenants in Japan do indeed have a lot of rights.

[hypertokyo]

What does your contract say about this? have you ever read it?

[Leeroy]

The contract doesn`t say anything along the lines of `We can close the house down anytime and ask you to vacate within X months`. Possibly because they know they have to give a minimum 6 months notice?

The contract is not that detailed. So far I can`t find anything in it that goes against my suspicions.

[Hijinx]

Sounds like the guesthouse is using tenant ignorance to try and get off cheaply. Tell the guesthouse owners that 3 months notice is "muri　無理 " unless they pay the rekin/shikikin for your next place. I'd be willing to bet that this guesthouse has a strong financial incentive to get the tenants out in 3 months.

[Sterling]

http://forum.gaijinpot.com/showthread.php?t=24001

[hypertokyo]

I'd advise you to ask for compensation, and you will quietly move out:
- three months' rent
- full return of deposit
- moving expenses
- contract fees/expenses to get a new place
They will probably agree.

However, there's actually also the question whether your contract confers you tenancy rights or just temporary usage rights; if the latter, you may not be eligible for the six-month protection. Just hope it doesn't come to a legal standoff.

[Leeroy]

However, there's actually also the question whether your contract confers you tenancy rights or just temporary usage rights; if the latter, you may not be eligible for the six-month protection. Just hope it doesn't come to a legal standoff.

Yeah, this is the point I`m concerned about. As I`m in a guest-house, I don`t know if I have full tenancy rights. I did however pay a one-month rent deposit. Dunno if thataffects my status at all.

[steeny]

Surprised no one has told you to just keep staying there beyond the 3 months anyway.

But hyper offered the best advice.

[hypertokyo]

However, there's actually also the question whether your contract confers you tenancy rights or just temporary usage rights; if the latter, you may not be eligible for the six-month protection. Just hope it doesn't come to a legal standoff.

Please ignore the above for the moment - let's dig deeper : a typical guesthouse contract offers use of one room in an apartment with common facilities, with a clearly-indicated start and end date for the contract, which is up to one year in duration. It probably also says that you need to sign a new lease (no automatic renewal) if you need to extend your stay.

Does this apply to you?

[Leeroy]

Please ignore the above for the moment - let's dig deeper : a typical guesthouse contract offers use of one room in an apartment with common facilities, with a clearly-indicated start and end date for the contract, which is up to one year in duration. It probably also says that you need to sign a new lease (no automatic renewal) if you need to extend your stay.

Does this apply to you?

The contract says that after the expiration date the contract will be deemed renewed unless I or the landlord give a month"s notice stating otherwise before hand.

[hypertokyo]

What's the contract duration? A year? Six months?

[Leeroy]

It was initially 6 months. I've been in this house just over a year.

[hypertokyo]

OK, then your contract would legally be viewed as a fixed-term use instead of a rental tenancy.

Every time you "renew", it's deemed as a new contract which has a fixed duration, and legally you're allowed to stay until the end of your current "renewal" term. After that, you have to either "renew" or vacate.

Neither your landlord nor you can give notice to terminate the contract before it ends, EXCEPT by mutual agreement.

When is your next "renewal" scheduled?