Understanding the Important Matter Disclosure Form: 5 Overlooked Checklist Items

What is the Important Matter Disclosure Form?

When renting a property, a document called the "Important Matter Disclosure Form" (often abbreviated as "重説") is provided and explained by a licensed real estate agent (宅建士). It is a legally mandated document based on Article 35 of the Real Estate Agent Law, and includes comprehensive important information about the property and the contract.

Many people sign without thoroughly reading it, but it contains numerous items where "I didn't know" is not a valid excuse after signing. This article focuses on explaining five particularly easy-to-overlook items.

Easily Overlooked Item 1: Presence of Equipment and Performance Guarantee

The basic step is to cross-check the equipment listed in the "Equipment List" section of the disclosure form with the equipment actually in the room. However, many people overlook the notation "as is in the current state" (現況有姿).

What Does "As Is" Mean?

"Delivery as is" means that even if equipment such as air conditioners or water heaters are installed, "their operation is not guaranteed." In other words, if the air conditioner breaks down after you move in, the landlord may have no obligation to repair or replace it.

What You Should Verify

• •Confirm whether each piece of equipment in the equipment list is classified as "attached equipment (landlord has repair obligation)" or "abandoned items (no repair obligation)"
• •If listed as abandoned items, you may be responsible if they break down
• •During viewing, always confirm that the air conditioner, water heater, ventilation fan, and shower are working

Easily Overlooked Item 2: Special Clauses Regarding Repair Responsibilities

Under civil law, repairs due to normal wear and tear (deterioration from age) are typically the landlord's responsibility, while repairs from tenant negligence are the tenant's responsibility. However, rental agreements can include special clauses that may change this division of responsibility.

Examples of Special Clauses That Require Attention

• •"Tenant bears the full cleaning cost (¥30,000–¥80,000) upon move-out"
• •"Tenant bears the cost of cleaning air conditioner filters"
• •"Tenant bears the cost of replacing sliding doors and paper screens"

Relationship to Ministry of Land, Infrastructure, Transport and Tourism Guidelines

According to the Ministry of Land, Infrastructure, Transport and Tourism's "Guidelines on Restoration to Original Condition Disputes," cleaning costs can be the tenant's responsibility if agreed upon. However, for special clauses to be valid, two conditions must be met: "the tenant understands and agrees to the clause" and "the clause is clearly stated."

If special clauses are listed in the disclosure form, always review them carefully. If you don't agree, negotiate or consider a different property.

Easily Overlooked Item 3: Notification of Land Use Classification and Surrounding Environment

The disclosure form includes the "land use classification" where the property is located. This is a zoning category under the Urban Planning Law that determines what types of buildings can be constructed in the future.

Land Use Classifications Rental Tenants Should Be Aware Of

The disclosure may also include information about "asbestos use," "earthquake resistance assessment details," and "past land use (such as soil contamination)." For older properties, always verify this information.

Easily Overlooked Item 4: Terms Regarding Lease Renewal and Termination

The terms regarding the lease period, renewal, and termination significantly impact your life after move-in.

Key Items to Verify

Lease Period and Renewal

• •Confirm whether the lease is a standard (indefinite) lease or a fixed-term lease (fixed-term leases have no renewal and require move-out when the term expires)
• •Verify if a renewal fee exists and its amount (e.g., "one month's rent")
• •Determine if renewal is automatic or requires mutual agreement

Notice Period for Termination

• •The notice period required to terminate the lease (typically 1–2 months in advance)
• •Obligation to pay penalties or rent during the notice period

Early Termination Penalties

• •Penalties for early termination within a certain period from contract start (e.g., within one year), typically set at 1–2 months' rent

Pay particular attention to fixed-term leases. Since they cannot be renewed and you must vacate when the term expires, choosing a standard lease is important if you plan to stay long-term.

Easily Overlooked Item 5: Cost Responsibility for Ancillary Facilities

The disclosure form includes usage terms and costs for ancillary facilities outside the room, such as parking lots, bicycle parking, motorcycle parking, and storage units. Overlooking these details can result in unexpected expenses after move-in.

Common Overlooked Scenarios

• •Missing that the parking lot requires a separate contract and additional monthly fees
• •Not realizing the bicycle parking is paid (¥500–¥1,000 per month)
• •Signing without clarity on whether internet is included in maintenance fees or requires a separate contract

About Internet Equipment

Many modern rental properties advertise "free internet," but it's important to check whether the disclosure form's "common equipment" section mentions fiber optics and guarantees internet speed. There are cases where free internet is actually too slow (just a few megabits) to be usable.

Tips for Maximizing the Value of the Important Matter Disclosure Form

Request a Copy in Advance

While the disclosure form is typically provided on the day of contract signing, you can request it in advance. Having time to review it beforehand helps prevent oversights.

Ask Questions About Anything Unclear

During or after the explanation of the disclosure form, you'll be asked "Do you have any questions?" Don't hesitate—clarify all doubts before signing. Once you've signed, a record exists that you received the explanation, making it extremely difficult to object later.

Summary

The Important Matter Disclosure Form requires careful attention to five key items: equipment performance guarantees, repair responsibility clauses, land use classification and surrounding environment, renewal and termination terms, and ancillary facility costs. By obtaining a copy in advance and clarifying all questions before signing, you can significantly reduce post-move-in disputes.