Wear and Tear on Rental Properties and the Validity Requirements of Restoration Clauses—A Complete Guide to Avoiding Move-Out Disputes

What Is Wear and Tear?—The Legal Definition

"Wear and tear" refers to the natural deterioration of property over time. This includes wallpaper discoloration and fading, light scratches on flooring, natural settling of tatami mats, and natural failure of equipment and appliances.

In the 2020 Civil Code revision, it was explicitly stated that tenants bear no obligation to restore the property for deterioration arising from normal use and enjoyment or from aging of the property (Civil Code Article 621). In other words, wear and tear is generally a cost that the landlord (owner) should bear.

However, there is a major exception to this principle: the restoration clause.

What Is a Restoration Clause?

A restoration clause is a special agreement that specifies the tenant bears the cost for repairs that would normally be the landlord's responsibility. Examples include clauses stating "cleaning costs at move-out are the tenant's responsibility" or "tatami mat surface replacement is the tenant's responsibility" in the rental contract's special provisions section.

While special clauses are generally valid with the consent of both parties, the Ministry of Land, Infrastructure, Transport and Tourism guidelines and court precedents have established requirements for such clauses to be valid.

The 3 Requirements for a Restoration Clause to Be Valid

Requirement 1: The Clause Content Must Be Clearly Defined

Vague language such as "all other costs" or "tenant repairs" does not clearly specify which costs the tenant must cover. The clause must explicitly define the scope and calculation method of costs, such as "cleaning costs at move-out (minimum ¥XX) are the tenant's responsibility" or "wallpaper replacement in all rooms (¥XX/m²) is the tenant's responsibility."

Requirement 2: The Tenant Must Fully Understand the Clause Content

For a clause to be valid, the tenant must fully understand and agree to its content. It is critical that the clause is verbally explained during the important particulars disclosure, and that there is written evidence (documentation) of the tenant's signature. Even if the clause is written in the contract, its validity can be challenged if there was no verbal explanation.

Requirement 3: There Must Be Economic Rationale for the Tenant to Accept Above-Normal Costs

For example, if the rent is below market rate in exchange for the tenant covering move-out cleaning costs, the clause is more likely to be considered valid because the tenant receives an economic benefit. Simply writing "special clause" does not make it valid; the agreement must constitute reasonable commercial terms.

Typical Patterns Where Clauses Are Deemed Invalid

Pattern 1: Comprehensive Restoration Obligations

Comprehensive clauses such as "return to the same condition as before move-in" or "repair all damage" may be interpreted as requiring the tenant to cover even normal wear and tear, and there are court precedents deeming such clauses invalid.

Pattern 2: Unreasonably High Cleaning Costs

Even if a clause specifies cleaning costs far exceeding market rates (typically ¥20,000–40,000 for a 1K), it may be deemed invalid under Consumer Contract Act Article 10 (clauses that unilaterally harm consumer interests are invalid).

Pattern 3: Clauses Included Without Explanation

Clauses not mentioned during the important particulars disclosure and written in an inconspicuous location in the contract may be deemed invalid on the grounds that the tenant did not become aware of them.

Preventive Measures Before and During Tenancy

The best way to prevent move-out disputes is to document the property's condition before move-in. Record any damage or dirt on the move-in checklist with photos to prove at move-out that damage was not caused by you. Also, always review clause content before signing, and confirm any unclear points in writing before signing the contract.

Summary

Wear and tear is generally the landlord's responsibility; for a tenant to bear such costs, a valid restoration clause is required. For a clause to be valid, it must meet three requirements: "clearly defined content," "the tenant's full understanding and consent," and "economic rationale." If you receive an unreasonable bill at move-out, first compare the Ministry of Land, Infrastructure, Transport and Tourism's "Guidelines for Disputes and Restoration" with your contract's clauses, and consult a lawyer or consumer affairs center if necessary.

When doing DIY in a rental property, you need permission from the management company. This article explains the legal risks of unauthorized modifications, the scope of restoration obligations, and cost responsibility rules. Learn the right knowledge to avoid unexpected charges at move-out.