When renting a residential property in Japan, it is a legal requirement for both the tenant and the landlord to enter into a formal lease agreement This contract outlines essential details such as the rental amount, contract duration, and termination procedures. Among these stipulations, one particularly crucial yet often overlooked section is the clause addressing prohibited conduct.
Prohibited conduct refers to specific rules established by the landlord regarding the use of the property. Violations of these rules may constitute a breach of contract, potentially resulting in formal warnings, penalties, or in more severe cases, termination of the lease and claims for damages. As some of these prohibitions are phrased ambiguously or considered to fall under “common sense,” tenants may inadvertently overlook their significance when signing.
This article explores the types of conduct frequently restricted in Japanese lease agreements, the rationale behind such rules, the risks of non-compliance, and key points prospective tenants should review prior to entering into a high-value lease agreement.
Prohibitions Regarding Pet
One of the most common and clearly stated prohibitions in Japanese lease agreements is the restriction on keeping pets. This clause—often explicitly phrased as “no animals allowed”—is typically implemented to prevent issues related to allergies, noise, odors, and potential damage to the property.
Notably, this restriction may extend beyond dogs and cats to include birds, reptiles, insects, and other creatures. In many cases, the definition is broad, covering “animals that make noise” or “organisms that emit odors.” As such, even small or seemingly harmless pets may constitute a violation if kept without prior disclosure or approval.
Even in pet-friendly properties, limitations may be imposed on the type, breed, or number of animals allowed. These conditions are often detailed as part of the prohibited conduct section and must be reviewed carefully prior to signing the lease.
Restrictions on Musical Instrument Use and Noise Levels
Another commonly stipulated prohibition in Japanese residential lease agreements pertains to the use of musical instruments. Clauses may state, for example, “use of musical instruments is prohibited” or “piano playing and similar activities are restricted.”
These rules are primarily intended to prevent noise-related disputes in multi-unit buildings. Depending on the property, the restrictions may vary—some may entirely prohibit instrument use, while others may permit it under specific conditions such as limited hours, volume control, or use of particular types of instruments.
For instance, a property may allow digital piano use only with headphones, or prohibit any sound-producing activity after 10 PM. Even if such terms are not explicitly written into the lease agreement, similar guidelines may be outlined in the building’s house rules or tenant handbook. Therefore, tenants are strongly advised to review all related documentation prior to occupancy.
Prohibition of Renovations, Alterations, and Structural Modifications
In rental properties, strict prohibitions are often imposed on any modifications to the interior structure or fixtures. Common examples include driving nails or screws into walls, performing electrical work, or installing shelves through DIY methods.
Lease agreements typically express this restriction in terms such as “no alterations to the current condition of the premises” or “renovations and modifications are prohibited.” These clauses aim to prevent disputes over restoration costs upon move-out and to preserve the integrity of the property.
Even changes made with the intention of enhancing convenience or aesthetic appeal may be considered a breach of contract if conducted without explicit permission. In some residences, the rules are particularly stringent—explicitly forbidding even the use of pushpins or thumbtacks.
Prohibitions Related to Waste Disposal and Use of Common Areas
Violations concerning waste disposal and the use of common areas are frequently addressed as prohibited conduct in lease agreements. Actions such as improper sorting of garbage or placing waste out on non-designated collection days are common sources of conflict within residential communities and are therefore explicitly restricted.
Furthermore, it is typically prohibited to leave personal belongings in shared spaces such as hallways, staircases, or building entrances. Lease agreements often state conditions like “personal items must not be left in common areas” and “strollers and bicycles must be stored in designated locations.”
These rules are strictly enforced as they directly impact the safety, aesthetic appeal, and overall comfort of all residents. As such, landlords and property management firms give particular attention to ensuring compliance.
Prohibition of Non-Residential Use
Residential lease agreements in Japan typically stipulate that the property is to be used exclusively for residential purposes. As such, activities such as operating a business, using the space as an office, running a shop, or engaging in side ventures that involve frequent visitor traffic are commonly prohibited. Lease contracts often include clauses stating, “The premises shall not be used for any purpose other than residential use.”
This provision may extend to activities like using the residence as a storage facility for an online shop or conducting remote work from home. While working on a personal computer without impacting the property or neighbors is generally tolerated, issues may arise when the use involves physical inventory or frequent entry and exit by third parties.
If a tenant is found to be using the property for commercial purposes without prior approval, despite having entered into a residential lease, it may result in termination of the contract or the imposition of additional charges.
Prohibition of Subleasing and Unauthorized Occupancy
Subleasing—a situation where someone other than the official tenant resides in the property on an ongoing basis—is explicitly prohibited in most Japanese residential lease agreements. This restriction exists to ensure the landlord retains full control over the property and to maintain the safety and integrity of the premises.
Lease agreements typically include language such as: “The tenant shall not sublease all or part of the premises, nor transfer the lease to another party.” While temporary stays by friends or family are generally tolerated, extended or regular occupancy by third parties, or unauthorized transfers of tenancy, may be deemed breaches of contract.
Particularly serious is the unauthorized use of the property for short-term rental services arranged through online platforms. Such actions are considered substantial violations and may result in immediate termination of the lease.
Key Considerations Before Signing the Lease
Prohibited conduct clauses are often dispersed throughout the latter sections of the lease agreement, including in special provisions or supplemental notes. It is a common but risky mistake to assume that anything not explicitly stated is therefore permitted. Vague wording and restrictions that may not be immediately obvious in daily life require careful clarification before signing.
Even if restrictions are not thoroughly explained during the Explanation of Important Matters—a standard procedure in Japanese real estate transactions—any clause outlined in the contract remains legally binding. Therefore, it is essential to evaluate the lease in light of your personal lifestyle and intended use of the property, and to proactively identify any terms that could pose a potential issue.