What should you do if you fall behind on rent for the first time? This comprehensive guide covers the process of overdue payment notices, how to contact your property management company, strategies for negotiating payment extensions, how guarantor company subrogation works, and the legal procedures that follow prolonged nonpayment (including registered mail demands and eviction lawsuits)—all explained from the tenant's perspective.
Reviewed by: Nobuyuki MoriPresident, M-Assets Co., Ltd. / Licensed Real Estate Transaction Specialist (Miyagi #018212)
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When your rent payment deadline passes, many people think, "A slight delay should be fine." However, falling behind on rent can quickly develop into serious legal problems if left unaddressed.
The first action you should take if you fall behind on rent for the first time is to contact your property management company.
If you fail to contact them, overdue notices will escalate, notifications will be sent to the guarantor company, and the process toward eviction notices will accelerate. Conversely, by contacting them early and responding in good faith, you may be able to negotiate an extension in many cases.
When rent is not paid, overdue notices from the property management company, landlord, and guarantor company proceed in stages.
Once the payment deadline (usually end or beginning of month) passes, the property management company or guarantor company will contact you by phone, email, or SMS to confirm payment.
Action at this stage: Your top priority is to contact the property management company immediately, explaining why payment is delayed and providing an estimated payment date.
If phone contact does not resolve the issue, formal notice letters will be sent by mail.
Action at this stage:
If a guarantor company (such as Orico, JackS, ROOM ID, etc.) is being used, the guarantor company will pay the overdue rent on behalf of the landlord (subrogation).
Situation after subrogation:
If nonpayment continues for an extended period, the landlord, property management company, and guarantor company will pursue legal action.
Under Article 541 of the Civil Code and the Lease on Land and Building Act, "if rent is unpaid for 3–6 months without legitimate reason, the relationship of trust is deemed destroyed and contract termination is permitted."
The best approach is to contact them before falling behind on rent (as soon as you realize payment will be difficult).
By contacting them 1–2 weeks before the due date to say, "I'm facing difficulty making this month's payment," you'll have a much better chance of negotiating an extension.
Communication method: Phone is most reliable. Email or SMS can also be used, but for important matters, combining phone contact with written communication (email) creates a record and provides peace of mind.
What you should communicate:
What to avoid:
If you are one month behind, proposing an installment plan such as "half at the end of this month, the remaining half plus this month's rent at the end of next month" can be effective. Many property management companies will work with you on this.
This is a program that provides up to 9 months of rent assistance (up to a maximum amount) if you are unable to pay rent due to job loss or decreased income.
Eligibility requirements (main criteria):
Application location: The Self-Reliance Support Office for Low-Income Residents in your municipality (welfare office or social welfare council)
This is a program that allows you to receive interest-free loans without a guarantor when your income drops sharply. Please check with your municipality's office for the latest information on the availability of this program.
Guarantor companies (such as Orico, JackS, etc.) are members of information-sharing organizations like the Rental Guarantee Association (LICC). Records of nonpayment and subrogation are shared for up to 5–10 years.
As a result, when you try to rent a new property in the future, you may be unable to pass the screening for properties that use the same guarantor company.
If an eviction lawsuit or payment demand is filed, it will remain in the court records. This may affect your eligibility for future rental applications, so it is important to resolve the matter before legal proceedings commence.
If your delinquency becomes serious and continuing to live in your current apartment becomes difficult, voluntarily vacating and relocating is also an option to consider.
Steps:
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