Move-Out Troubles and Solutions—Basic Knowledge on Restoration to Original Condition and Cost-Sharing Rules
Security deposit disputes at move-out are a common rental issue. This article explains typical trouble cases, cost-sharing rules, and concrete preparation steps to protect yourself.
When moving out of a rental property, the most common trouble centers on security deposit refunds. Complaints like "I was charged more for repairs than I expected" and "I barely got my security deposit back" continue to arise. The National Consumer Affairs Center of Japan receives tens of thousands of rental-related complaints each year, with a significant portion relating to restoration-to-original-condition costs at move-out. This column explains typical move-out trouble cases, the correct cost-sharing rules, and concrete ways to protect yourself.
Basic Concepts of Restoration to Original Condition
When considering cost responsibilities at move-out, it's first essential to understand the concept of "restoration to original condition." This refers to returning the property to the condition it was in when you moved in. However, this does not mean fixing every single scratch or sign of deterioration.
The Ministry of Land, Infrastructure, Transport and Tourism's "Guidelines on Restoration to Original Condition and Related Disputes" outlines cost responsibilities as follows:
•Tenant responsibility: Damage caused by intentional acts, negligence, or carelessness (nicotine stains or burn marks from smoking, pet scratches or odors, multiple nail holes in walls, discoloration of flooring from spilled drinks, etc.)
•Landlord responsibility: Wear and tear from normal use (discoloration of floors and wallpaper from sun exposure, equipment failure from age-related deterioration, marks from furniture placement, etc.)
The basic principle is that the landlord bears the cost of normal wear and tear. You don't need to pay for every scratch or stain that naturally occurs from everyday living. Furthermore, even when repairs are charged, equipment has a useful life, and your share of repair costs decreases based on how long you lived there. For example, wallpaper has a useful life of 6 years—if you lived there for 6 years or more, its residual value is essentially zero, so you have no obligation to pay for a complete replacement even if fully charged.
Case 1: Confronted with numerous repair charges at the move-out inspection
At a move-out inspection, you may be presented with charges of hundreds of thousands of yen for repairs to walls, floors, kitchen, bathroom, and other areas. Even if pressured to sign on the spot, you can postpone signing if you're not satisfied with the content. Say "I'll review this and get back to you," then request a detailed written breakdown later and verify the basis for each item before responding. There's no need to become emotional during the inspection. A calm "I'll respond after reviewing the written details" is sufficient.
Case 2: Pre-existing damage charged at move-out
Many cases occur where tenants are charged for pre-existing damage and stains at move-out simply because they didn't document the room's condition when moving in. When the property management company provides a "move-in inspection form," be sure to document any existing scratches and stains in detail and take dated photos. Recording a video of the entire room provides even more protection. Keep all this documentation safely until move-out.
Case 3: Full cleaning costs charged to the tenant
If the lease specifies "tenant bears move-out cleaning costs," you may be charged for cleaning. However, special clauses are only valid if they meet three criteria: they are necessary, they are not excessive, and you clearly understood and agreed to them. Unreasonably high special charges may be deemed invalid under Japan's Consumer Contract Law. Always review any special clauses before signing and ask questions about unclear points before committing.
Case 4: Security deposit completely withheld or no refund notice received
Some cases involve no refund even after considerable time has passed, with a notification that the deposit was applied entirely to repairs, or in some cases, no notification at all. Civil law requires landlords to return the security deposit within a reasonable period after lease termination. If no contact has been made one month after move-out, sending a certified letter requesting an itemized breakdown and return is effective. Written communication with a record becomes evidence in future negotiations and legal proceedings.
Preparations to Make Before Move-Out
Here's a summary of preparations you must make before move-out to prevent troubles:
•Keep the move-in inspection form and photos/videos until move-out
•Give written move-out notice within the deadline specified in the lease (usually 1–2 months in advance)
•Give move-out notice in writing, not verbally—use email or certified mail to create a record
•Confirm the move-out inspection date and time with the property management company in advance and schedule a convenient time
•Bring move-in photos, documents, and inspection forms to the move-out inspection
•Carefully review any "confirmation document" issued after the inspection before signing
•Notify the property management company of your new address after move-out (for security deposit return and document mailing)
•Don't forget to submit a mail forwarding request at the post office for mail arriving at your old address after moving
While these preparations may seem tedious, they can be a great help if trouble arises.
What to Do When You Don't Agree With the Charges
If you don't agree with repair charges, first try discussing the matter with the property management company or landlord. During these communications, use email or written documents to maintain a record—this is critical. If they insist on phone negotiations only, follow up by emailing a summary of the conversation with "Confirming today's call" to create a written record.
•National Consumer Affairs Center and Consumer Affairs Centers: Offer free consultations and can provide negotiation advice and mediation with companies. Centers are located throughout the country.
•Japan Real Estate Association (JREA): Specializes in disputes involving real estate agents. Each prefecture has a branch office.
•Legal Aid Office (Japan Legal Support Center): Offers low-cost or free legal consultation services. Eligibility is based on income.
•Small Claims Court: For claims of 600,000 yen or less, you can resolve disputes relatively easily in court without an attorney. Judgments typically come after a single hearing, enabling quick resolution.
Key Points to Verify Before Signing the Lease
Many move-out troubles actually stem from insufficient verification at the contract stage. To prevent troubles after moving in, be sure to verify the following points before signing:
First, carefully read the "Special Clauses" section of the lease agreement. You may find provisions exceeding guidelines, such as "cleaning costs at move-out are tenant responsibility" or "tatami mat replacement is tenant responsibility." You have the right to ask the property management company about unclear or unacceptable clauses before signing, and to request deletion or modification as needed.
Next, make it a practice to share move-in photos with the property management company. By creating a shared record of the room's condition that both parties confirm, you can prevent disputes about whether damage was pre-existing.
Move-out troubles can be prevented in most cases by having the right knowledge and making preparations from the very beginning of your tenancy. Since lack of knowledge often results in losses, please use this column as a reference and take confident steps toward your next home.
