For businesses that own real estate, businesses that purchase or lease real estate for their business activities, and real estate management companies, we provide advice on drafting real estate-related contracts, such as purchase and sale contracts and lease contracts.
We also handle disputes related to real estate transactions, such as demands for surrender of real estate, eviction fees, rent collection, and rent increase / decrease.
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Advice on Drafting of Purchase and Sale Contracts and their Terms
Generally, existing contract templates are often used in real estate sales contracts, and the terms of the contract may not be reviewed in detail.
However, a real estate purchase and sale contract contains many items that require attention when concluding a purchase and sale contract, such as identification of the parties and the property, sale price and deposit, payment date, ownership transfer, delivery, and registration procedure date, penalty, liability for non-conformity, and confirmation of restrictions under laws and regulations.
It may be difficult to fully meet the specific needs of various real estate transactions with only a model of an existing contract.
In addition to drafting sales contracts, we provide appropriate advice on purchase and sale contracts tailored to the actual conditions of the property and the client’s position (buyer or seller).
Advice on Drafting Lease Contracts and their Terms
As with real estate purchase and sale contracts, lease contracts often use pre-prepared templates, and the terms of the contract may not often be reviewed in detail.
However, there are many items that must be stipulated in a lease contract, such as the type of lease contract, identification of the parties and the property, rent, security deposit, lease term, whether or not subleasing is permitted, the scope and method of restoration to the original state, and handling of mid-term termination.
Although a model lease contract may contain the necessary provisions, it may not be advantageous to you, nor does it necessarily match the actual conditions of the property.
We have extensive experience in drafting lease agreements, and we draft lease agreements that match the actual conditions of the property and the client’s intentions.
In particular, we have handled many contracts related to store development, such as fixed-term lease contracts for commercial use and store opening agreements, and we provide appropriate advice for businesses involved in store development.
What is a Demand for Surrender of Real Estate?
When a tenant does not pay rent or does not follow the usage stipulated in the contract, and the landlord seeks to cancel the lease contract and ask the tenant to surrender or vacate the property, if the tenant does not agree to surrender the property, a lawsuit demanding surrender of the property will be filed with the court to demand the tenant to vacate.
However, even if the landlord seeks to cancel the lease contract and demand the surrender of the property because the tenant has failed to pay the rent, the court practice is that the cancellation of the lease contract is not usually permitted based on about one month of nonpayment of rent.
In addition, even in cases where the landlord cancels the lease contract because of the tenant’s failure to follow the usage stipulated in the contract, the cancellation of the lease contract may not be permitted, depending on the specific details and degree of the violation.
Whether or not it is possible to terminate the lease contract and require the tenant to surrender the premises must be examined in light of the specific circumstances, so please consult with us first.
We will explain the prospects of whether or not the tenant will be required to vacate in light of past court precedents.
Flow of Resolution of Real Estate Surrender Claims
Negotiation
Depending on the case, we will prepare a content-certified demand letter, etc., and send the tenant a demand for payment of rent, a notice of termination of the lease contract, etc.
Our attorneys will prepare all of these documents, so the client will only need to confirm the contents. Our attorneys will prepare all of these documents, so all you need to do is confirm the contents.
After sending the content-certified letter to the tenant, we will negotiate with the tenant as necessary, demanding payment of rent and surrender of the property on behalf of the client lessor. We will keep you informed of the status of the negotiations.
If an agreement is reached with the tenant to pay rent and vacate the property during the negotiation stage, a written agreement will be exchanged. Our attorneys will prepare all the documents for this agreement as well.
Filing of Lawsuit, Etc.
If the tenant does not pay rent after repeated negotiations or does not vacate the property, we will commence a lawsuit or other court proceedings. If necessary, we may also file a provisional disposition.
Even if a lawsuit is filed, if the tenant agrees to pay the rent and move out of the property, the lawsuit will be terminated when the parties reach a settlement in court. If the tenant does not agree to move out of the property, or if a settlement cannot be reached, the court will render a judgment.
Compulsory Execution
In cases where a tenant does not move out by a set deadline despite a court settlement, or where a tenant refuses to move out despite a court judgment demanding the tenant to vacate the premises, a procedure for forcing the tenant to move out (compulsory execution) will be carried out.
In the case of compulsory execution, it is necessary to prepare a petition, coordinate with the court, and attend the compulsory execution proceeding, but we can perform all of these procedures on your behalf.
Chinese Language Services Available
Our Firm also provides consultation services for Chinese owners of real estate in Japan. All communication and reporting after consultation and request can be provided in Chinese.
The Japanese legal system differs in some respects from foreign legal systems, and a certain amount of experience is required to help foreign nationals understand laws that are difficult for even Japanese to understand.
At our Firm, Chinese attorneys who understand the Japanese legal system as well as Japanese attorneys will work together to perform the requested services, so that Chinese-speaking clients can consult with us with confidence.
