Posts Tagged ‘rental contracts’

Nailed

June 30, 2012

Extendable grid panel used as coat rack

In the most recent newsletter published our landlord, the semi-public housing corporation UR, and deposited in our mailbox there’s a specious “conversation” between a theoretical apartment renter and a theoretical apartment owner about the respective advantages of each mode of living. Discounting the whole economic side of the issue, the most obvious distinction is that owners can “freely change and remodel their apartment and replace or install amenities.” The renter counters by saying it may be nice to change your apartment the way you want, but what a pain in the neck! You have to hire someone to do the work and then move out while the work is being done. And, in any case, you can’t actually change the size of an apartment the way you can a house; whereas with some rentals, (s)he argues, the landlord will gladly remodel the unit to the tenant’s specification before the latter moves in. What’s perplexing about this line of thinking is that, while it may be true in “some” cases, as the speaker says, it isn’t true in the case of UR rentals. You have to take it the way you see it. The only part of the renter’s argument that holds water is that renters have more freedom to choose, meaning once they move in they can always move out and find something more suitable or desirable. Owners don’t have that freedom; or, they do, but it depends on how easily they can sell their property and how much of their initial investment they get back, and those points are hardly guaranteed in Japan.

Stand-alone grid panel for office use

Still, remodeling needs to be addressed. In UR apartments, as with most rental units, tenants are very limited with regard to how they can decorate, since almost all rental agreements include a term that says the tenant must leave the apartment in the exact same state as he or she found it. And while usually contracts don’t specifically say you can’t make holes in the wall, that is how most people interpret it. In any case, we’ve heard of people having had money taken out of their security deposit because of holes in the wall–but then, private landlords will find any excuse to keep that money. (more…)

The landlords respond

September 1, 2009

On Aug. 27, the Osaka High Court reversed a ruling by the Kyoto District Court that found in favor of the defendant in a civil case brought by a tenant who thought the renewal fee stipulated in his rental agreement was unfair. It was the second verdict in a month in the Kansai region regarding renewal fees that found in favor of tenants. Not long after, a group calling itself The Association to Consider the Issue of Rental Condominium Contract Renewal Fees posted a message on its blog stating its position in the case and that it would appeal the High Court ruling.

In this particular case, the renter had to pay a contract renewal fee every year that amounted to twice his monthly rent. The judge basically said that if the fee is considered rent, then it should be incorporated into the monthly rent, otherwise it becomes an indefensible burden on the renter.

After the jump, the main points of the association’s post. (more…)


Follow

Get every new post delivered to your Inbox.

Join 78 other followers