Explanation of risks you should know when asked to be a joint guarantor for a rental contract. We provide detailed expert insights into the differences between joint guarantors and simple guarantors, the actual scope of legal responsibility you'll bear, matters to confirm before accepting, and appropriate ways to decline when asked.
Reviewed by: Nobuyuki MoriPresident, M-Assets Co., Ltd. / Licensed Real Estate Transaction Specialist (Miyagi #018212)
Rental contracts in Japan typically require guarantors or guarantor companies. This guide explains the differences between joint guarantors and guarantor companies, how to rent without a guarantor, and which guarantor companies accept foreign nationals.
We explain in detail how joint guarantors and guarantor companies work in rental contracts. This guide covers the differences between joint guarantors and ordinary guarantors, the guarantor company screening process, solutions if you cannot arrange a guarantor, and information for seniors, freelancers, and foreign nationals.
A guide to changing or terminating your joint guarantor in a rental lease. We explain the procedures for various situations, including when your guarantor ages, your relationship deteriorates, or you're considering switching to a guarantor company.
The joint guarantor system, once commonplace in Japan, has undergone dramatic changes due to the widespread adoption of guarantor companies. This guide explains the key differences between the two, the latest industry trends, and how both tenants and landlords should approach the decision.
Being asked to become a joint guarantor for a rental by a friend or family member can happen to anyone. However, becoming a joint guarantor is not something to take lightly. This article clarifies the legal responsibilities of a joint guarantor, the actual risks involved, and what you should confirm before accepting.
An ordinary "guarantor" has the following two rights:
In other words, an ordinary guarantor cannot be immediately asked for payment and functions as a "last resort" if the primary debtor cannot pay.
A joint guarantor has neither the right of demand nor the right of inquiry.
What does this mean? If a tenant (resident) fails to pay rent, the landlord or property manager can request payment from the joint guarantor before (or simultaneously with) the tenant. Regardless of the tenant's financial situation, the joint guarantor is immediately liable for the full payment.
Legally, a joint guarantor is treated as someone bearing the same obligations as the tenant.
If a tenant fails to pay rent, the landlord can request payment from the joint guarantor. If the default period extends, you may end up covering several months' worth of rent, potentially amounting to hundreds of thousands of yen.
Move-out costs, including restoration to original condition, removal of remaining items, and special cleaning costs (in cases of solitary death or accidental death), may also be demanded from the joint guarantor.
If you temporarily cover payments as a joint guarantor, you technically have the right to seek reimbursement from the tenant, but if the tenant loses the ability to pay, you face the risk of never recovering the money.
Under the April 2020 Civil Code amendment, when an individual becomes a joint guarantor, the contract must explicitly specify the maximum liability amount (the upper limit of the guarantee). Individual joint guarantor contracts without a specified maximum liability amount are invalid.
Always confirm that the contract includes an entry such as "Maximum Liability Amount: ___ months' rent."
Declining to be a joint guarantor is your right. The following reasons are valid grounds for refusal.
Economic Reasons
"I myself have loans and guarantee obligations, so I am not in a position to serve as a joint guarantor."
Lack of Family Consent
"My family (spouse) opposes me becoming a joint guarantor, and it has become a household issue, so I apologize but must decline."
Risk Concerns
"I understand the legal risks of being a joint guarantor, and I want to avoid financial problems affecting our relationship."
Suggest Using a Guarantor Company
"Instead of a joint guarantor, I suggest asking the property manager about using a guarantor company."
In recent years, many rental properties require or allow the use of a guarantor company. Using a guarantor company often eliminates the need for a joint guarantor, which reduces risk for both parties.
Suggesting to the tenant to inquire with the property manager about using a guarantor company can often be the most amicable solution.
Becoming a joint guarantor means assuming legal responsibility equivalent to the tenant's. Before accepting, it is essential to calmly assess the "maximum liability amount," the tenant's "payment ability," and your own "financial capacity." Declining is your right, and by offering alternatives such as suggesting the use of a guarantor company, you can refuse without damaging your relationship.
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