One day, without any prior notice, the doorbell rings and a voice announces, “It’s the landlord.”
Momentarily caught off guard, you wonder if something urgent has happened—only to be told, “I’m just here to check the building,” or “There’s a routine inspection; I need to come inside.”

This kind of unannounced visit raises an important question: Is it legal?
While tenants undoubtedly have a right to privacy in their residence, landlords—by virtue of ownership—may also be considered to retain certain access rights.

This article offers a practical and legal perspective on when and how a landlord may lawfully enter an occupied rental property, and what rights tenants have to maintain privacy and peace of mind within a high-end residential setting.

Principle: Landlords Cannot Enter the Premises Without Tenant Consent

Under Japanese law, once a tenant begins residing in a rental property, they are granted exclusive rights to use the premises. This means that—even though the landlord retains ownership—they are not permitted to enter the unit without the tenant’s explicit permission.

This legal principle is rooted in Article 13 of the Japanese Constitution, which emphasizes respect for individual rights, as well as in civil law doctrines that uphold contractual autonomy and the protection of one’s right to possess property.
In essence, renting a home establishes it as a private space—one in which no third party, including the landlord, may enter without consent.

Exceptions: When Landlord Entry May Be Considered Lawful

While unauthorized entry is generally prohibited, there are specific scenarios in which landlord access to the property is legally permissible—provided that advance notice and tenant consent are secured.

→ In all instances, the standard principle is: a legitimate reason + prior notice + tenant approval.

These Types of Visits May Be Unlawful or Legally Ambiguous

• “I was just passing by and thought I’d check in.”

• “It’s fine if I come in now, right?” — said unexpectedly at your front door

• “The management company has a key, so I let myself in.”

• “As the owner, I assumed I could enter whenever I wanted.”

Each of these scenarios involves entering the premises without the tenant’s explicit consent and could potentially constitute unlawful entry under Japanese law. Even when prior notice has been given, it does not grant permission to enter unless the tenant has agreed to the proposed date and time.

Legal Basis and Judicial Interpretation

Several provisions of Japanese law are relevant to the issue of landlord access:

• Civil Code Article 601: Under a lease agreement, the landlord is obligated to allow the tenant to use and benefit from the property.

• Civil Code Article 602: The tenant is entitled to use the property freely within the agreed scope of the lease.

• Penal Code Article 130: Unauthorized entry into another person’s residence without a legitimate reason may constitute the criminal offense of unlawful trespass.

In practical terms, judicial precedents have consistently ruled that non-emergency entry without tenant consent or using a key to enter without prior agreement is unlawful.

Recommended Actions for Tenants

✅ In the Event of an Unannounced Visit:

• Begin by confirming the purpose of the visit while remaining behind the door.

• If the explanation is unclear or informal, respond by stating, “Please provide advance notice in writing or by email.”

• If there are signs that someone entered the property while you were away, report the incident to the property management company immediately. If necessary, secure evidence such as photographs or timestamped records for documentation.

✅ Key Clauses to Review at the Time of Signing

• Check whether the lease agreement or explanatory documents include any special provisions regarding landlord access to the unit.

• If the agreement stipulates annual inspections or similar entries, confirm the frequency and the process for advance notification.

• Pay close attention to any clauses concerning the storage of keys or the conditions under which a spare key may be used, as these could affect your privacy rights.

Maintaining a Positive Relationship with Your Property Manager or Landlord

While the legal framework in Japan strongly protects a tenant’s right to privacy, many disputes arise not from legal violations, but from a lack of clear communication or mutual trust.

As a tenant, it is advisable to:

• Acknowledge the necessity of routine inspections,

• Be willing to coordinate scheduling in good faith,

• And calmly but firmly address any inappropriate or unannounced visits.

Striking this balance is essential to preserving a harmonious and comfortable living environment in a luxury rental. To protect your personal space effectively, assess each situation through the lens of contract terms, legal standards, and common sense.