In Japanese rental properties, responsibility for the cost of repairing damaged or malfunctioning fixtures during the tenancy is determined by the terms of the lease agreement and the specifics of how the equipment was used. Even when tenants believe they are using the equipment appropriately, many have found themselves unexpectedly charged for repairs following sudden issues.

Leases frequently include generalized language such as “The tenant shall use the premises with the care of a prudent manager,” or “Repairs shall be borne by the tenant for damages not resulting from ordinary wear and tear.” However, terms like “ordinary use,” “intentional damage,” and “negligence” are inherently vague and can vary in interpretation depending on the landlord or property management company—making them a common source of dispute.

This article breaks down the legal and practical allocation of repair obligations between landlords and tenants. It offers a fact-based analysis of what tenants should watch for, how to interpret unclear clauses, and how to proactively avoid misunderstandings or conflicts during the lease term.

Fundamentals of Repair Responsibility

When a malfunction or defect arises in a rental property’s structure or fixtures, the first question is: who bears the responsibility for repairs? Under Japan’s Civil Code, the landlord is generally obligated to conduct repairs necessary for the tenant’s ability to use and benefit from the premises. However, if the damage is the result of the tenant’s own actions or negligence, the tenant may be required to cover the repair costs.

In essence, repairs due to natural wear and tear or age-related deterioration fall under the landlord’s responsibility. In contrast, damage caused by carelessness or misuse is typically the tenant’s burden. The challenge lies in the fact that the boundary between these categories is often ambiguous. Interpretations may vary depending on how the lease is written and how the landlord or management company chooses to enforce it.

Common Ambiguities in Lease Language Regarding Repair Responsibilities

Japanese lease agreements often contain a range of expressions regarding repair obligations, some of which lack the clarity needed to determine the true scope of responsibility.

Typical phrasing may include: “Wear and tear from normal use shall be the landlord’s responsibility,” or “The tenant shall bear repair costs for damage resulting from intent or negligence.” However, terms such as “normal use” and “duty of care” are inherently vague and open to interpretation, making it difficult for landlords and tenants to align on expectations.

Furthermore, vague statements like “repairs shall be made at the tenant’s expense” can lead to disputes if the specific conditions triggering tenant liability are not clearly defined. This is especially problematic for key systems such as air conditioning units or water heaters. If the contract fails to specify the extent of repairs or expected response time for such essential fixtures, responsibility can quickly become a point of contention.

Scenarios Where the Tenant May Be Liable for Repair Costs

There are several common situations in which tenants may be held responsible for repair expenses under Japanese lease agreements.

First, damage caused by negligence—such as tearing wallpaper while moving furniture or scratching flooring—can be considered tenant fault. In such cases, tenants may be required to cover part or all of the repair costs.

Second, misuse of equipment may result in liability. Examples include clogging a drain with foreign objects or allowing mold or corrosion to develop due to failure to clean water-related fixtures over time. These are often viewed as violations of the tenant’s duty to maintain the premises.

Third, issues such as lingering odors or discoloration caused by smoking or pet ownership may fall under the tenant’s obligation to restore the property to its original condition. Depending on the extent and nature of the damage, associated restoration costs could be charged to the tenant.

Importantly, such determinations should be supported by objective evidence, such as photographs or documentation. Landlords are not permitted to make unilateral judgments, and they are expected to provide reasonable explanations to the tenant regarding any claims for damage.

Common Repair Responsibilities Typically Borne by the Landlord

Landlords are generally responsible for repairs arising from natural deterioration over time or damage caused by unforeseen events such as natural disasters.

Examples include situations where the air conditioning system no longer cools properly, the water heater ceases to function, or door hinges become misaligned, making operation difficult. Provided the tenant was not at fault, such issues fall under the landlord’s duty.

Additionally, damage resulting from force majeure events—such as fires or earthquakes—is typically the landlord’s responsibility unless tenant negligence is clearly established. If a landlord fails to carry out necessary repairs and the tenant’s ability to enjoy the property is affected, the tenant may be entitled to request a rent reduction.

While it is ideal for lease agreements to explicitly state that “major equipment repairs shall be the landlord’s responsibility,” even in the absence of such language, the default principles under Japan’s Civil Code apply and should guide the allocation of responsibility.

What to Do When Repairs Are Needed: Proper Tenant Protocol

If repairs become necessary during your tenancy, the first and most critical step is to promptly notify the landlord or property management company. Tenants should avoid arranging repairs independently or paying out of pocket without prior approval, as such actions may result in unreimbursed expenses or even demands for restoration to the original condition.

When reporting the issue, be specific about the nature of the problem and when it began. Whenever possible, include photographic evidence or documentation. Waiting for instructions from the property manager ensures that the scope of responsibility and cost allocation is clearly defined from the outset.

If the repair process is expected to take time, tenants may also negotiate for temporary measures or rental adjustments. For instance, if a malfunctioning bath prevents regular use, the tenant might be eligible for hotel accommodation reimbursement or partial rent reduction.

Pre-Contract Checklist: Key Clauses to Review Regarding Repairs

To prevent future disputes over repair responsibilities, it is essential to carefully review all relevant clauses in the lease agreement before signing. Pay special attention to the following points:

First, identify which fixtures and installations are included in the lease and clarify who is responsible for their maintenance. For high-value equipment—such as air conditioning units, water heaters, and bathroom ventilation systems—it is critical to confirm whether repair or replacement obligations fall on the landlord or the tenant.

Second, if the contract includes provisions such as “minor repairs shall be the tenant’s responsibility,” check whether the scope is clearly defined and supported by concrete examples. If the language is vague, request clarification before committing to the agreement.

Lastly, confirm the reporting process for repair needs, including contact details, expected response times, and whether emergency repairs are permitted. Having this information upfront will help tenants manage issues calmly and effectively should unexpected problems arise.