“The restoration costs were far higher than expected.”
“None of my security deposit was returned.”
“I was charged a penalty for terminating the lease early.”
Such move-out disputes are often the result of overlooking the “special clauses” written into the lease agreement.

In addition to standard terms such as rent and lease duration, Japanese rental contracts often include special provisions, known as tokuyaku, which may impose unexpected obligations on the tenant. These clauses can significantly alter your responsibilities—and if signed without full understanding, may lead to substantial financial loss.

This article explains why special clauses are the No.1 cause of disputes at the end of a lease, and outlines the key points you should review carefully before signing to ensure a fair and transparent rental experience.

What Exactly Are Special Lease Clauses (Tokuyaku)?

A tokuyaku clause refers to a special provision added to a standard lease agreement, mutually agreed upon by the landlord and tenant. These clauses are separate from the usual contractual terms and are often found in the latter part of the lease or as a supplemental attachment.

They typically appear in the following format:

•   Article XX (Special Clause)
•   The following special terms shall apply to this lease agreement.

Critically, even costs that would not normally fall under the tenant’s responsibility can become enforceable if stipulated under a valid tokuyaku clause. This is why careful review and understanding of these terms is essential before signing.

Common Special Lease Clauses and Key Points to Watch For

Special Clauses Are Enforceable Under the Principle of Freedom of Contract

While Japan’s Civil Code and the Act on Land and Building Leases provide protective rules for tenants—such as excluding natural wear and tear from restoration obligations—special clauses (tokuyaku) are generally enforceable under the legal principle of contractual freedom.

For a special clause to be considered valid, the following conditions must be met:

• The tenant must have clearly understood and agreed to the clause at the time of signing.

• The clause must not be grossly unreasonable or contrary to societal norms.

• It must be explicitly stated in writing—oral agreements may not be enforceable.

→ Once agreed upon, tenants cannot later claim ignorance. With special clauses, what’s signed is binding.

Examples of Easily Overlooked Special Clauses That Could Lead to Disputes

● Flat Cleaning Fee at Move-Out (e.g., “¥XX,000 regardless of condition”)

→ This may not reflect actual costs and could exceed market averages.

● Early Termination Requires Two Months’ Notice Plus One Month’s Rent as Penalty

→ Typically, only one month’s notice is standard. Such a clause raises the threshold for a tenant to exit the lease.

● Excessive Restrictions on Restoration (e.g., “Even pinholes are not allowed”)

→ Even items commonly classified as “normal wear and tear” under government guidelines may be shifted to tenant liability through such clauses.

Pre-Contract Checklist: What to Confirm Before Signing a Lease

Before signing a lease agreement, be sure to review the following points carefully:

✅ Locate all special clauses: Check whether they are embedded in the main contract, attached as a separate document, or printed on the reverse side.
✅ Review any stated costs related to move-out: Confirm whether specific amounts are listed for cleaning, repairs, or restoration.
✅ Clarify responsibility for services such as cleaning or air conditioner maintenance: Ensure it’s clearly stated who bears the cost.
✅ Check if the penalty terms or notice period for early termination are unusually strict: For example, more than one month’s notice or excessive penalty fees.
✅ Keep written records of all questions and responses: Save emails or obtain written confirmation for any explanations provided by the landlord or agency.

What to Do If You’re Uncomfortable with a Special Lease Clause

• Negotiation Is Possible Before Signing:
  If a clause seems unclear or unreasonable, you have the right to ask questions and request modifications or removal before finalizing the agreement.

• Document All Negotiations in Writing:
  Verbal assurances are rarely enforceable. Always keep a written record—preferably via email—of any discussions or agreements regarding contract terms.

• Be Prepared to Walk Away:
  If you cannot reach a satisfactory resolution, it’s wiser to refrain from signing the contract. Once signed, altering contractual terms becomes extremely difficult.

Practical Advice to Avoid Lease Disputes

• During the Important Matters Explanation (by a licensed real estate agent), confirm whether special clauses are also read aloud.
  This ensures transparency and gives you a chance to ask questions before signing.

• Ask specific questions such as, “Are restoration costs billed at actual cost?” or “Is there a cap on those costs?”
  Understanding the financial boundaries is key to avoiding surprise charges later.

• Cross-check whether verbal explanations are accurately reflected in the contract.
  Only what is written in the signed document is legally binding.

• Request a copy of the contract and take time to review it carefully before signing.
  A calm, deliberate review helps ensure full comprehension of your obligations.

Special Clauses Are Not “Traps”—They Are Rules Meant to Be Understood

Special lease clauses are not inherently malicious; rather, they are rules established by landlords to protect their property and interests. However, when these clauses are unilateral, unclear, or excessive, they can place a significant burden on the tenant.

That is why it is essential to read the contract thoroughly and assess whether the terms are reasonable and acceptable to you. Doing so is the first and most important step toward a secure and trouble-free tenancy.

Unfortunately, under Japanese law, signing a contract without fully understanding its contents is still considered the tenant’s responsibility. Recognizing the existence of special clauses and evaluating them wisely is perhaps the most critical skill in navigating a lease agreement with confidence and clarity.