Building Maintenance Failures and Tenant Rights: A Guide to Handling Neglected Repairs and Deteriorating Conditions

What is a Property with Management Failures?

"Roof leaks left unattended for months," "common area trash never collected," "elevators broken and unrepaired"—these management failures severely diminish tenants' quality of life.

Under Japanese law, landlords have a duty to maintain rental properties in a condition suitable for use and enjoyment (Civil Code Article 606). When this obligation is neglected, tenants gain multiple legal rights.

This article explains concrete examples of management failures, how to address them, and the steps for exercising your rights.

The Landlord's and Management Company's Repair Obligations

Civil Code Article 606 states: "A landlord is obligated to perform repairs necessary for the use and enjoyment of the rental property." Specifically, the following repairs fall under the landlord's (or management company's) obligation:

Examples of Repairs Covered by Landlord Obligation:

• •Roof and exterior wall leaks
• •Water supply and drainage systems (leaks and blockages)
• •Electrical and gas equipment failures
• •Common facility equipment (elevators, automatic locks, etc.)
• •Structural defects (sloped floors, wall cracks)

Damage from Tenant Negligence or Intentional Acts Is Not the Landlord's Responsibility: Landlord responsibilities cover only "normal wear and tear" and age-related deterioration. Damage caused by tenant negligence is the tenant's responsibility.

Common Examples of Management Failures

① Repair Requests Ignored or Neglected

This occurs when repair requests go unaddressed for extended periods. If ignored for over two weeks, switch to written follow-up requests.

② Neglected Cleaning and Waste Management in Common Areas

When common corridors, entrances, or trash areas in an apartment building are left in severely unsanitary conditions, this also constitutes management failure. Sanitation issues can lead to health problems, making them high priority.

③ Pest Control Neglect

When pests (cockroaches, mice, etc.) are entering from common areas and the management company fails to address them, this may also constitute a breach of obligations.

④ Neglected Security Equipment

When automatic locks or security cameras are broken and left unrepaired for extended periods, these are safety concerns requiring priority repair.

Steps for Exercising Tenant Rights

Step 1: Written Repair Requests

Verbal requests lack evidentiary strength, so submit repair requests via email or registered mail with proof of delivery.

Content to include in your written request:

• •Specific description of areas requiring repair
• •Date the problem occurred and circumstances
• •Dates and content of previous verbal requests
• •Desired timeframe for response (e.g., within two weeks)

Also be sure to photograph or video the problem and keep records for reference.

Step 2: Rent Reduction Request

During periods when repair obligations are not met, tenants have the right to request rent reduction (Civil Code Article 611). When equipment defects prevent the property from being used for its intended purpose, a corresponding rent reduction may be justified.

Following the 2020 Civil Code reform, this right is automatic (previously it was phrased as "may request," but now it "automatically reduces rent").

The reduction amount varies by case but is often settled through negotiation or mediation.

Step 3: Self-Repair and Cost Recovery (Repair Cost Recovery Right)

In urgent situations (such as roof leaks threatening to damage belongings), tenants are legally permitted to perform repairs themselves and bill the landlord for the costs (Civil Code Article 607-2).

Conditions:

• •Landlord has neglected repairs
• •Or there is an urgent situation

If you perform self-repairs, keep receipts and invoice the landlord afterward.

Step 4: Reporting to Administrative Authorities

When a building's sanitation or safety is severely compromised, reporting to administrative authorities is effective.

• •Badly maintained vacant properties: Report to your local municipal housing department
• •Sanitation issues (pests, odors): Contact your local health center
• •Illegal structures or safety issues: Report to your local building inspection office

Step 5: Contract Termination

In cases of severe management failure that make continued occupancy impossible, tenants may be permitted to terminate the rental agreement. In such cases, you may be allowed to move out on shorter notice than the standard 1–2 months.

However, exercising this right is legally complex, so consulting an attorney or the Legal Services Bureau is recommended.

List of Consultation Resources

Summary

You don't have to silently accept management failures in your rental property. Civil law grants tenants powerful rights, including the right to demand repairs, request rent reductions, and perform self-repairs.

The key is to: "Keep records," "make written requests," and "consult professionals." Accepting management failures silently only prolongs the problem, so taking action early is the quickest path to resolution.

If you're renting a sublease property, unexpected troubles can arise when the contract relationship between the property owner and management company changes. This guide explains how sublease agreements work, their potential impact on tenants, and how to handle problems if they occur.