賃貸契約と保証会社 — 礼金・敷金から保証料まで

Japanese rental contracts have extremely high initial costs compared to overseas, with complex contract documents and many unique commercial customs. You need to pay an initial cost equivalent to 4-6 months of rent in a lump sum: shikikin, reikin, brokerage, fire insurance, lock change, guarantor fee — each item has its own meaning and market rate. Accurately understanding the breakdown is the first step to avoiding trouble.

Initial costs are typically composed of the following items. First is the shikikin (security deposit, 1-2 months' rent). It is deposit money allocated to unpaid rent or restoration costs at move-out, and as a rule any unused remainder is refunded. Second is the reikin (key money, 0-2 months' rent). It is non-refundable money in the nature of "thanks" to the landlord, a commercial custom born in the post-war housing-shortage era that survives into the present.

Third is the brokerage fee (1 month's rent + consumption tax). Under the Real Estate Brokerage Act, the maximum a brokerage may receive is statutorily set at one month's rent plus consumption tax. With the principal's (tenant's) consent, the tenant can bear the full amount; without consent, the rule is to split it between tenant and landlord. Fourth is fire insurance (about 10,000-20,000 yen for 2 years). It is treated as a mandatory condition of the rental contract and typically bundles household-goods coverage with tenant liability insurance.

Fifth is the lock-change fee (15,000-30,000 yen). It covers replacing the lock used by the previous tenant. Under MLIT (Ministry of Land, Infrastructure, Transport and Tourism) guidelines this should originally be borne by the landlord, but in practice it is mostly charged to the tenant. Sixth is the guarantor fee (50%-100% of monthly rent). This is the fee paid to the guarantor company described below: initially 50%-100% of monthly rent, with about 10,000 yen added at each 2-year renewal.

A guarantor company (rent obligation guarantor company) is a firm that, when the tenant fails to pay rent, advances rent to the landlord on the tenant's behalf and later bills the tenant. Traditionally Japanese rental practice required tenants to put up a joint guarantor (a financially capable third party such as a relative), but as the declining birthrate, aging society, and nuclear-family trend made it harder for tenants to secure an appropriate guarantor, use of guarantor companies became standard.

Currently, more than 80% of new rental contracts make use of a guarantor company a mandatory condition, and for foreign tenants this is virtually unavoidable. Even if you put up a Japanese joint guarantor, many properties require both (guarantor + guarantor company). Representative guarantor companies include Nippon Safety, Zenhōren, Epos Card (which conditions use on having a credit card), and Casa.

Guarantor-company tenant screening verifies the tenant's annual income, employer, residence period, residence status, and emergency contact (a family member in your home country is acceptable). Recently more guarantor companies specialize in foreigners (such as Global Trust Networks), with multilingual support including English, Chinese, and Vietnamese.

Japanese rental contracts are typically based on a 2-year ordinary lease (futsū shakka keiyaku) as one period. At expiration, in some properties in the Tokyo metropolitan and Kansai areas a kōshinryō (renewal fee, typically 1 month's rent) is required. The renewal fee is not legally compulsory and only triggers a payment obligation if clearly stated in the contract. The Supreme Court ruled in 2011 that renewal fees within an appropriate range do not violate the Consumer Contract Act.

In addition to the renewal fee, fire insurance renewal (10,000-20,000 yen) and the guarantor company renewal fee (around 10,000 yen) are typically due at the same time. The total burden at renewal is typically about 120,000-130,000 yen for a property with 100,000 yen monthly rent. On the other hand, no-renewal-fee contracts are increasing in newer Kanto areas and some Kansai properties, so this is an item you must always confirm at contract signing.

Move-out restoration is the most trouble-prone phase of a rental contract. The "Trouble and Guidelines on Restoration" formulated by the MLIT (Ministry of Land, Infrastructure, Transport and Tourism) — most recently re-revised in 2023 — is the practical standard. As a rule, the tenant bears only "wear caused by the tenant's intent, negligence, breach of duty of good-faith management, or use exceeding normal use." Aging deterioration and normal wear and tear are borne by the landlord.

Concrete examples: floor dents from furniture placement, electrical scorching of walls behind TVs, and sun-faded wallpaper count as normal wear and tear and are borne by the landlord. By contrast, tobacco tar staining, pet scratches, beverage-spill stains, and mold from leaving condensation unaddressed are borne by the tenant. For wallpaper replacement, only the worn portion is the tenant's responsibility — they cannot bill you for the cost of an entire wall.

Before concluding the rental contract, the explanation of important matters (jūsetsu) under Article 35 of the Real Estate Brokerage Act is mandatory. A licensed real-estate transaction specialist (takken-shi) must hand over a written document and read its contents aloud to the tenant in person (or via the online IT-jūsetsu format). The items explained include the property's basic information, contract terms, renewal fee, restoration special clauses, and prohibited items (pets, musical instruments, etc.).

The licensed broker must present their broker's license at the time of explanation, and the tenant should actively ask questions if anything is unclear. Restoration-related special clauses in particular sometimes contain content that imposes burden on the tenant beyond the MLIT guidelines. Special clauses like "move-out cleaning fee borne by tenant" or "air-conditioner cleaning fee borne by tenant" may be invalid under Article 10 of the Consumer Contract Act and there is room to dispute them.

Among the unique challenges foreign tenants face, the first is "tenancy refusal." Some landlords refuse foreign tenants citing language or cultural differences. MLIT promotes foreign-resident support, and brokers specializing in foreigner-friendly properties (such as GTN Gold Apartment and Ichii Brokers) are increasing.

Second is securing an emergency contact. Most contracts require a domestic Japanese emergency contact; many foreigners ask their HR contact or a colleague. Third, contracts are usually in Japanese only. More brokers prepare English versions, but only the Japanese version typically has legal binding force, so you must fully understand the content before signing. Fourth, you must remember to change the address on your residence card (within 14 days) and complete city/ward office procedures when moving.