In Japan, some tenants have reported rare instances of landlords or property managers making unannounced visits. These may include attempts to unlock the door without permission or ringing the intercom without prior notice—actions that understandably cause significant anxiety and discomfort for tenants.

But are such actions legally permitted? Can a landlord or third party freely enter a rented apartment that is under contract with a tenant? This article explores the legal boundaries of landlord access and clarifies how tenants can protect themselves and respond appropriately to avoid unnecessary conflict.

Tenants Hold the Legal Right of Possession Upon Signing the Lease

Under Japan’s Civil Code, once a lease agreement is concluded, the tenant acquires the legal right of possession—granting exclusive use and enjoyment of the property. This means that even if the landlord retains ownership, the tenant has the sole right to use the residence freely during the lease period.

As such, landlords are not permitted to enter the premises at will during the tenancy. Entering the property without the tenant’s prior consent—even with a spare key—may be considered unlawful trespass.

In essence, while the landlord remains the legal owner, they relinquish the right to use the property throughout the lease term. Respect for this boundary is fundamental in any well-regulated rental relationship.

Landlord Access Is Permitted Only in Limited Circumstances

So, under what conditions may a landlord enter a tenant’s unit? Generally, landlord access is permitted only in the following situations:

• When inspections or repairs are necessary, and prior notice has been given

• When routine inspections are required by law or stipulated in the lease, and the tenant has been informed in advance

• In the event of an emergency that may endanger the tenant or the property, such as a water leak or fire

Even in these cases, it is standard practice—and often legally required—for the landlord to notify the tenant in advance and obtain their consent. Entering without notice, even for reasons such as maintenance or fire safety checks, can seriously damage the landlord–tenant relationship.

If the tenant is absent, the landlord is not permitted to enter the unit using a spare key without explicit prior consent.

Review Lease Clauses Regarding Landlord Entry

Many residential lease agreements in Japan include a clause stating that the landlord or property manager may enter the premises “with the tenant’s consent, when necessary.” This provision grants the landlord limited authority for purposes such as building maintenance or safety inspections.

The critical phrase here is “with the tenant’s consent.” The existence of a legitimate reason alone does not authorize entry—legal access requires the tenant’s prior approval. Entering without such consent may constitute a violation, even if the reason appears justified.

To avoid potential disputes, tenants should carefully review their lease and understand the specific terms related to property access. Knowing the legal boundaries will allow for informed and appropriate responses if issues arise.

Unauthorized Entry May Constitute a Legal Violation

If a landlord enters a rental unit without permission using a spare key, the issue may extend beyond a civil matter and potentially become a criminal offense. Depending on the circumstances, such actions could fall under Japan’s Penal Code as “unlawful entry” or “refusal to leave upon request,” and may justify police involvement or claims for damages.

In Japan, the right to privacy is taken very seriously. Even property owners are not permitted to enter a leased residence without a valid contractual basis, as such actions are regarded as a significant violation of the tenant’s legal rights. For foreign tenants who come from countries where landlords traditionally have freer access to rental units, it is important to understand that in Japan, the tenant’s legal rights take precedence.

If a tenant encounters questionable conduct by a landlord, it is advisable to document the incident and, if necessary, consult with the property manager or a legal professional.

Preventing Conflict Through Calm and Clear Communication

If a landlord or property manager makes an unannounced visit, the tenant has every right to calmly assess the situation and politely decline entry. There is no obligation to open the door. A courteous response such as, “Now is not a convenient time,” or “I could have accommodated the visit if I had been informed in advance,” can help defuse tension without confrontation.

It is advisable to politely request that all future visits be scheduled in advance and to clarify the rules regarding the use of any spare keys. If such conditions are outlined in the lease agreement, they should be followed accordingly. However, if the terms are unclear, tenants are well within their rights to request a written explanation for future reference.

If the building is equipped with intercom or entry log systems, tenants are also encouraged to record the date and time of the visit. This documentation can be useful should questions arise later.