What Are Special Lease Clauses? — Explanation of Cleaning Costs, Restoration Obligations, and Penalty Fees

Special Lease Clauses: Why Are They Included in Lease Agreements?

The content listed as "special lease clauses" at the end or in appendices to rental agreements modifies or supplements the principles of civil law and the Tenant Lease Law. Once a special clause is validly established, its terms take precedence over the principles of law.

According to the Ministry of Land, Infrastructure, Transport and Tourism's "Guidelines on Disputes and Restoration to Original Condition," three requirements must be met for a special clause to be considered valid.

1. The special clause serves a legitimate purpose and does not constitute an exorbitant provision
2. The tenant clearly understands the obligations imposed by the special clause
3. The tenant has agreed to the special clause (by signature and seal)

Once you sign, you become legally bound, so the most important thing is not to sign without understanding the content.

Common Types of Special Clauses and What to Watch For

1. Special Clauses Making Tenants Responsible for Cleaning Costs

The most common special clause states: "Cleaning costs at move-out (¥○○) shall be borne by the tenant."

Normally, cleaning costs are only the tenant's responsibility if the damage results from intentional or negligent action. For normal wear and tear, the landlord typically bears the cost (according to the Guidelines). However, with this special clause, tenants become obligated to share the burden.

Points to Check:

• •Is the cost specified as a concrete amount? (If it states "¥○○," it's relatively reasonable)
• •Is the amount close to market rates (typically ¥20,000–40,000 for a 1K unit)?
• •Vague language like "full professional cleaning costs" leaves room for negotiation

2. Special Clauses on Restoration to Original Condition

Examples include special clauses such as: "Tenants are responsible for removing cigarette stains and odor" and "Tenants are responsible for key replacement costs."

While the Guidelines indicate that key replacement is typically the landlord's responsibility, many special clauses shift this to the tenant. Confirm that a cost ceiling (typically ¥15,000–30,000) is clearly stated.

Regarding smoking, the Guidelines do specify that "tenants are responsible for wall discoloration and odor caused by smoking." Regardless of special clauses, smoking is a major cost factor.

3. Early Termination Penalties (Free-Rent Penalties)

This special clause states: "If you terminate the lease within ○ months of move-in, you must pay a penalty of ○ months' rent." This often pairs with a free-rent period (rent-free term), with penalties typically set at 2–3 months' rent.

Even if you save on upfront costs with free rent, moving within a year could result in unexpected fees. If you think you might relocate, always confirm the term and penalty amount.

4. Special Clauses on Renewal Fees

This special clause states: "Pay one month's rent as a renewal fee when renewing the lease." This is more common in the Kanto region and less common in the Kansai region. Since costs are incurred with each renewal, factor them into your calculations for long-term stays.

5. Special Clauses on Leftover Items and Equipment

This special clause states: "The landlord bears no responsibility for repairs if the air conditioner (existing equipment) breaks." This is common for air conditioners left by previous tenants. Repair costs become your responsibility, so check the condition of old equipment during your viewing.

How to Handle Special Clauses

Ask Questions Before Signing

It is your right to ask: "What is the basis for this clause?" and "What is the maximum cost?" Real estate agents are legally obligated to disclose important details, and tenants can request explanations.

Negotiate

You can negotiate to remove or modify special clauses. Requests like "Please specify a ¥○○ ceiling for cleaning costs" or "Please reduce the penalty period to six months" are more likely to be granted, especially during slow seasons (June–August and November–January) when vacant units are plentiful.

Document Conditions If You Cannot Negotiate

Document the property's condition with photos and videos at move-in to counter unfair charges at move-out. Take dated photos of any damage or stains and store them in the cloud.

Summary: Ignorance Is No Excuse with Special Clauses

Special lease clauses become legally binding the moment you sign. When receiving the disclosure of important terms, confirm each special clause and always ask about anything you don't understand. Signing out of trust ("the landlord said it's fine") or pressure ("I was rushed") risks unexpected bills of tens of thousands to hundreds of thousands of yen at move-out. Reaching an agreement you're comfortable with is the foundation of a smooth rental experience.

Since the Housing Accommodation Business Law took effect, over 70% of rental properties prohibit short-term rentals. This guide thoroughly explains the real risks of eviction and liability claims from contract violations, and the conditions for legally operating short-term rentals.