Teiki shakka: reading a fixed-term Tokyo lease

If your Tokyo rental agreement says 定期借家 (teiki shakka), check the end date and ask what happens if you want to stay beyond it. A valid fixed-term building lease can end without renewal. An encouraging reply about extending isn't a commitment until the next arrangement is agreed.

The relevant provision is Article 38 of the Act on Land and Building Leases. It gives landlords and tenants a way to agree a fixed term, with specific requirements for the contract and explanation. It doesn't remove every tenant protection or make every fee enforceable.

What changes at the end of the term

An ordinary building lease has legal protections when the lease is renewed. Article 26 explains how renewal works. For an ordinary lease, Article 28 requires a legally acceptable reason if the landlord refuses renewal or gives notice to end it. Whether the reason is enough depends on the facts, including both sides' need to use the home.

Article 38 allows a properly made fixed-term lease to specify that it will not renew. If you want another period, ask whether the landlord will offer a new agreement, for which dates and at what price. Don't assume the original rent continues or that the next month is reserved because you've paid on time.

This can suit a stay with a firm departure date. It needs more planning if your assignment may be extended, a permanent home is still being arranged, or you want to stay in the area served by the same school or remain in the same neighbourhood. Raise those needs before signing so you have time to find another home if the landlord declines.

The renewal-in-place guide covers the booking questions. Legally, the important point is whether you have agreed to another contract.

The explanation before signing matters

Article 38 requires a written contract, which can be electronic. Before you sign, the landlord must also give you a statement saying that the lease ends without renewal and explain it to you. If you agree, they can send that statement electronically.

Ask which file is the fixed-term explanation and read it alongside the lease. Check that the apartment and intended dates are consistent. If the email contains several attachments, save all of them rather than only the signature receipt.

Article 38 says the agreement to end without renewal is invalid if the required explanation was not given. If you think that happened, keep the full document and communication record and get advice before acting on the conclusion. If you cannot find an attachment, ask the landlord for it and check what was sent and explained before deciding that the lease is invalid.

Leases of at least one year need a separate notice

For a fixed-term lease lasting one year or more, Article 38 requires the landlord to tell you that the lease is ending between one year and six months before its end date. If the landlord gives that notice late, they must wait six months after notifying you before relying on it to require you to leave.

For example, a two-year fixed lease ending on 30 September 2028 has a notice window from 30 September 2027 to 30 March 2028. If the landlord gives notice on 30 June 2028 instead, the six-month wait runs to 30 December 2028. Keep the notice itself so you can establish when it was given if the dates are disputed.

For a sixty-day lease, this particular one-year-or-longer rule doesn't apply. Don't confuse it with the explanation required before signing, which is a separate obligation. Also check any additional notice promises in your own agreement.

Leaving early is a different question

Before signing, read the section about ending the lease early. Ask how to give notice, when the lease would end and how much you would owe if you left on a particular date. The cancellation guide explains the terms you may come across.

Article 38 also lets tenants end a lease early in certain circumstances when the rented home is under 200 square metres. It concerns unavoidable circumstances such as a job transfer, medical treatment or caring for a relative that make it difficult to use the home as their main place to live. In the circumstances described, the tenant can give notice and the lease ends one month later. Article 38 also prevents a lease from overriding these tenant protections on notice and early departure.

The area limit is only one condition. Don't assume being in a small apartment gives you an unrestricted right to cancel for any reason. If you need to leave for unavoidable reasons, ask how this rule applies before accepting the cancellation fee printed in the contract. Explain why you need to leave, keep the relevant documents and get legal advice if the company disagrees.

Check the arrangement, not just the duration

A monthly furnished home may be offered through a building lease or through a lodging arrangement. Stay length alone doesn't determine which law applies. Ask what agreement you are being offered and who rents the home to you. If that company rents it from the owner and then rents it to you, ask whether the owner has agreed to this.

Before signing, find the start and end dates, rent, required charges, deposit conditions and rules for leaving early. Keep the landlord's explanation that the lease ends without renewal. If you want to stay longer, get the new agreement confirmed while you still have time to find another home.