Lease and tenancy evidence | NEEDS Property Research

Lease and tenancy evidence is the set of documents and official records that show who occupies a Japanese property, under what terms, and for how long. It is one of the named entry points in Japanese property records and evidence, sitting alongside ownership, encumbrance, and planning records. For anyone researching 不動産 (real estate) for redevelopment or renovation, the lease evidence is often the decisive layer: even a clean land register can hide a tenant with strong statutory protection. What follows explains the contract, rent roll, deposit, renewal, sublease, and occupancy records a researcher should expect to find, and how to interpret them without assuming possession or enforceability.

What counts as lease and tenancy evidence

Lease and tenancy evidence is not a single document. In Japanese practice, the evidence is assembled from the tenant’s side (contracts, deposit receipts, rent payment records) and the owner’s side (rent roll, management ledger, renewal notices). The key is to separate three layers:

Contractual evidence, the written lease agreement, its riders, and any renewal documents.
Occupancy evidence, utility bills, mail, registered address, or other proof that a person actually lives or operates there.
Legal status evidence, whether the tenancy is registered, whether it is protected under the Land and Building Leases Act (借地借家法), and whether the tenant has rights that survive a change of ownership.

For Japanese property research, the most important point is that a lease does not have to be registered to be valid against the landlord. Under the Land and Building Leases Act (Act No. 90 of 1991, as amended), a building lease can bind a new owner even without registration if the tenant occupies the building. This is why tenancy evidence is rarely found in the land register alone; you must combine the register with occupancy evidence, rent receipts, and the building’s administrative records.

The legal framework

The main statute is the Land and Building Leases Act (借地借家法, Shakuchi Shakuyahō), which governs both land leases (借地) and building leases (借家). The Act was enacted in 1991 and took effect in 1992. It replaced the earlier Land Leases Act (借地法) and Building Protection Act (建物保護法) of 1909. For researchers, the relevant point is that a lease that began before 1992 may be governed by the older statutes, which affects renewal rights and eviction procedures. The current consolidated text is published on e-Gov Japan.

For buildings constructed before the current Building Standards Act (建築基準法) came into force, the registration record may show a building that does not comply with today’s structural or fire-safety standards. The Building Standards Act was last comprehensively amended in 2019 (effective 2020) under the Ministry of Land, Infrastructure, Transport and Tourism (MLIT). That amendment changed notification procedures for certain building works; it did not change lease law. Lease relations are governed by the Land and Building Leases Act (借地借家法), which was last substantially amended in 2007 and is published in English translation by the Ministry of Justice’s Japanese Law Translation database.

The Land and Building Leases Act regulates both land leases (借地) and building leases (借家). For building leases, the Act gives tenants a right to demand renewal of the lease when the term expires, unless the landlord can show a legitimate reason to refuse. The statutory basis is Article 28 of the Act, which lists “just cause” (正当な事由) grounds. The act applies to leases of buildings used for housing and business purposes, but the protection differs by use and by whether the lease is registered. Under the Act, a tenant with a registered lease may assert rights against a new owner after a transfer; an unregistered tenant generally cannot.

Primary documents: contract, rent roll, deposit, renewal, sublease

The written lease contract

The lease contract (賃貸借契約書) is the starting document. It records the parties, the leased portion of the property, the term, the rent, the deposit (敷金, shikikin) and key money (礼金, reikin), and any special conditions. A fixed-term lease (定期借家契約) must be distinguished from an ordinary lease. Under the Land and Building Leases Act, an ordinary lease gives the tenant a statutory right to renew; a fixed-term lease, properly executed in writing as a separate agreement, does not. Check the contract for the date of execution, the stated use (residential or commercial), and any rider that references the Act.

Rent roll and payment records

The rent roll (賃料台帳) is the owner’s or manager’s record of rent due and rent received. It shows the current rent, the payment history, any arrears, and the dates of rent revisions. Cross-check the rent roll against the tenant’s bank transfer records or receipts. A mismatch between the two can indicate an informal sublease, an undisclosed rent reduction, or a dispute. For due diligence, the rent roll is also the document that confirms whether the rent stated in the contract is the rent actually being collected.

Deposit and key money receipts

The deposit (敷金) is a security sum held by the landlord. Key money (礼金) is a non-refundable payment made to the landlord at the start of the lease. Both should appear on a receipt that states the amount, the date, and the property address. The deposit receipt matters because the amount and the conditions for its return are often disputed at the end of a tenancy. If the deposit receipt is missing, look for a clause in the lease contract that states the deposit amount and the repayment terms.

Renewal records

When an ordinary lease expires, the tenant can demand renewal. The landlord’s refusal requires just cause. The renewal record is typically a written renewal agreement (更新契約書) or a letter from the landlord confirming the renewal and any change in terms. If no written renewal exists, the lease may have renewed automatically under Article 26 of the Act. In that case, the rent roll and continued payment records become the primary evidence of the ongoing tenancy.

Sublease agreements

A sublease (又貸し) requires the landlord’s consent unless the lease contract states otherwise. The sublease agreement is a separate contract between the tenant and the subtenant. From the researcher’s perspective, the sublease creates a second layer of occupancy evidence that may not appear in the owner’s rent roll. If the head tenant collects rent from a subtenant, the owner’s ledger may show only the head tenant’s payment. Ask whether any sublease consent letter exists and whether the subtenant’s name appears on the building’s nameplate or mailbox.

Occupancy evidence and possession

Occupancy evidence answers the question: who is actually there? The registered address on the resident record (住民票, jūminhyō) is one indicator, but it is not conclusive. A person can register an address without living there. Stronger evidence includes utility bills in the occupant’s name, mail delivered to the address, a nameplate on the door, and the physical presence of personal belongings during an inspection. For commercial leases, occupancy evidence includes a business registration (商業登記) at the address, signage, and operating hours.

Possession is a legal conclusion drawn from occupancy evidence. Under Japanese law, a tenant in possession of a building can assert rights against a new owner even if the lease is unregistered. The researcher’s task is to collect the occupancy evidence without disturbing the occupant or making assumptions about legal status. Photographs of the nameplate, copies of recent utility bills (with personal information redacted), and a dated inspection note are the standard pieces of occupancy evidence.

Lease protection under the Land and Building Leases Act

The Act distinguishes between ordinary leases and fixed-term leases. An ordinary lease for a building gives the tenant the right to renew, and the landlord can refuse only with just cause. Just cause is assessed by weighing the landlord’s need to recover the property against the tenant’s need to stay, plus any compensation offered. A fixed-term lease, introduced in the 1999 amendment to the Act, ends on the stated date and does not renew. For a fixed-term lease to be valid, it must be in a separate written document from the main contract, and the landlord must give the tenant a written explanation of the fixed term before signing.

A registered lease is recorded in the land register (不動産登記簿). Registration requires the cooperation of the landlord, so unregistered leases are common. An unregistered lease still binds the landlord. Against a new owner, an unregistered tenant can assert rights by proving possession. The evidence chain is: the lease contract (even if unregistered) plus occupancy evidence. A registered lease, by contrast, binds a new owner without needing to prove possession.

Cross-checking tenancy evidence against the land register

The land register shows the owner, the property description, and any registered rights, including registered leases. The researcher should take these steps:

Obtain the current land register (登記事項証明書) and the building register.
Note any registered lease or usufruct in the rights section (乙区).
Compare the registered lease details with the lease contract and rent roll.
If no lease is registered, check whether the rent roll and occupancy evidence show a tenant in possession.
For a building with multiple units, match each unit’s occupant to the rent roll and check for unregistered subleases.

A clean rights section in the register does not mean the property is vacant. It means only that no lease has been registered. The occupancy evidence and rent roll are the documents that will reveal an unregistered tenant.

Practical workflow for due diligence

A systematic check of lease and tenancy evidence follows a sequence that moves from the register to the building to the documents.

Start with the register. Pull the land and building registers. Note the owner, the building description, and any registered rights.
Request the rent roll. Ask the owner or manager for the current rent roll and the payment history for the past 12 months.
Collect the lease contracts. For each unit, obtain the lease contract, any renewal agreements, and any sublease consent letters.
Check deposit and key money receipts. Match the amounts to the lease contracts.
Inspect the building. Walk through the property with a checklist. Note the nameplates, the condition of each unit, and any sign of occupancy that does not match the rent roll.
Gather occupancy evidence. Collect utility bills, business registrations, and mail records where available. Redact personal information.
Cross-check. Compare the rent roll, the lease contracts, and the occupancy evidence. Flag any mismatch.
Assess legal status. Determine whether each tenancy is ordinary or fixed-term, registered or unregistered, and whether the tenant is in possession.

Japanese terms for records and searches

賃貸借契約書 (chintaishaku keiyakusho): lease contract
賃料台帳 (chinryō daichō): rent roll
敷金 (shikikin): security deposit
礼金 (reikin): key money
更新契約書 (kōshin keiyakusho): renewal agreement
又貸し (matagashi): sublease
住民票 (jūminhyō): resident record
商業登記 (shōgyō tōki): commercial registration
登記事項証明書 (tōki jikō shōmeisho): certified copy of the land register
借地借家法 (Shakuchi Shakuyahō): Land and Building Leases Act
正当な事由 (seitō na jiyū): just cause
定期借家契約 (teiki shakka keiyaku): fixed-term building lease

Adjacent guides

Sources and limitations

The legal framework described draws on the Land and Building Leases Act (Act No. 90 of 1991), as amended through 2007, published on e-Gov Japan and in English translation by the Ministry of Justice’s Japanese Law Translation database. The description of the Building Standards Act amendment refers to the 2019 revision (effective 2020) under MLIT. This guide does not provide legal advice. Lease disputes, eviction proceedings, and compensation negotiations require a qualified Japanese attorney. The evidence checklist is a research aid, not a substitute for a professional title investigation or a judicial determination of tenancy rights.