Before beginning cohabitation with a partner, failing to follow proper rental contract procedures risks contract violations and eviction. This guide covers the complete process—from application steps to handling the end of cohabitation—with practical advice from rental professionals.
Reviewed by: Nobuyuki MoriPresident, M-Assets Co., Ltd. / Licensed Real Estate Transaction Specialist (Miyagi #018212)
When beginning cohabitation with a partner in a rental property, thinking you can simply move in together is a serious mistake. Most rental leases include a clause stating that "any changes or additions to occupants require the approval of the management company or landlord," and unauthorized changes to occupancy numbers constitute a contract violation.
Three Key Points to Confirm First
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If you begin cohabitation without approval, the following problems may arise if discovered:
Contract Termination and Eviction Demands — Unauthorized occupant additions violate the lease, allowing landlords to terminate the contract after notice. While court orders for immediate eviction are rare, if conditions don't improve after receiving a formal demand letter, the matter may escalate to a legal eviction lawsuit.
Disputes at Move-Out — If the actual number of occupants was never disclosed, security deposit deductions and restoration cost disputes are common. If you contracted for single occupancy but evidence shows two people lived there, you may be charged the full cost of repairs and restoration to original condition.
Impact on Guarantor Companies and Joint Guarantors — If you're using a guarantor company, adding an occupant may require re-evaluation of the guarantee. If unauthorized changes are discovered, the guarantee contract could become void.
If cohabitation is approved, you may face the following cost adjustments:
Rent Increases — Some properties charge a "two-person occupancy fee" of a few thousand to 10,000 yen per month for two-person occupancy. This reflects increased wear on facilities. Landlords typically announce this at contract renewal or when you apply for cohabitation approval. Confirm both the existence and amount of any surcharge beforehand.
Common Service Fees and Maintenance Fees — In properties where utility and cleaning costs for common areas are divided by occupant count, maintenance fees may be adjusted. However, most apartment buildings fix maintenance fees per unit regardless of occupant number, so changes are uncommon.
Additional Security Deposits — If your security deposit equals one month's rent and two-person occupancy is approved, landlords may request an additional month's deposit. This is not legally required but is negotiable—refusing may result in cohabitation denial. Since additional deposits are subject to the move-out settlement, confirm the amount and return terms in writing.
If cohabitation ends, clarify the following points:
Who Will Move Out — The simplest solution is for the primary lessee (contract holder) to remain. If the non-listed occupant moves out, submitting an occupant change notice typically completes the process.
Name Change (Transfer of Lessee) — If the original lessee moves out and the co-occupant wants to stay, a "lessee transfer" is required. This involves procedures similar to a new lease, including income and guarantee verification for the new lessee. If the landlord refuses the transfer, you must terminate the existing lease and sign a new one.
Security Deposit Handling — Security deposits are returned to the lessee of record. Even if the original lessee moves out and the co-occupant remains, the deposit is returned to the original lessee at move-out settlement. If you split the deposit equally, settle between yourselves before the move-out. Since landlords and management companies don't mediate private arrangements, discuss this thoroughly to avoid disputes.
Management of Remaining Items and Keys — Confirm that the departing occupant returns all keys. Spare keys remaining in their possession create privacy and security risks for the remaining tenant. You can ask the management company to replace the lock cylinder (typically at the tenant's expense) as an alternative.
When searching for a new property specifically for two-person occupancy, keeping these points in mind helps prevent future problems:
Cohabitation and two-person occupancy are entirely achievable with proper procedures. The key is a single principle: "prior approval and landlord consent." Beginning cohabitation without approval leaves you in contract violation, and discovery can create serious problems. By coordinating in writing with the management company throughout—including cost changes, deposit adjustments, and lessee transfers—you can confidently begin your shared life together. These principles remain applicable as of 2026.
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