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Section 7 Leases第七節 賃貸借
Subsection 1 General Provisions第一款 総則
Article 601第六百一条
Leases(賃貸借)
Article 601, paragraph (1)
A lease becomes effective if one of the parties promises to make a certain thing available for the other party to use and make profit, and the other party promises to pay rent for the leased thing and return the delivered thing when the contract is terminated.
If a person with no authority of disposition makes a lease contract, the leases stated in the following items must not exceed the terms specified in those items; any longer term specified by a contract is reduced to the term specified in the relevant item:
leases of forest for the purpose of planting or felling trees:10 years;
樹木の栽植又は伐採を目的とする山林の賃貸借 十年
Article 602, paragraph (1), item (ii)
leases of land other than the leases stated in the preceding item:five years;
前号に掲げる賃貸借以外の土地の賃貸借 五年
Article 602, paragraph (1), item (iii)
lease of a building:three years; and
建物の賃貸借 三年
Article 602, paragraph (1), item (iv)
lease of movables:six months.
動産の賃貸借 六箇月
Article 603第六百三条
Renewal of Short-Term Leases(短期賃貸借の更新)
Article 603, paragraph (1)
The terms prescribed in the preceding Article may be renewed; provided, however, that the renewal must be carried out within one year before the expiration of the term for land, and within three months before the expiration of the term for a building, and within one month before the expiration of the term for movables.
A lease of immovables, when registered, may be duly asserted against a third party such as a person that subsequently acquires real rights with respect to the immovables.
Transfer of Status of Lessor of Immovables(不動産の賃貸人たる地位の移転)
Article 605-2, paragraph (1)
If a lease is perfected in accordance with the laws and regulations including the preceding Article, and Articles 10 and 31 of the Act on Land and Building Leases (Act No. 90 of 1991), and the relevant immovables are assigned, the status of the lessor of the immovables is transferred to its assignee.
Notwithstanding the provisions of the preceding paragraph, if the assignor and the assignee of immovables agree that the assignor reserves the status of lessor and that the assignee leases the immovables to the assignor, the status of lessor is not transferred to the assignee. In such a case, if a lease between the assignor and the assignee or any successor of the assignee is terminated, the status of lessor that the assignor has reserved is transferred to the assignee or any successor of the assignee.
The status of lessor under the provisions of paragraph (1) or the second sentence of the preceding paragraph may not be duly asserted against the lessee unless the transfer of ownership for the immovables under lease is registered.
If the status of lessor is transferred to the assignee or any successor of the assignee pursuant to the provisions of paragraph (1) or the second sentence of paragraph (2), the assignee or any successor of the assignee succeeds to the obligation to reimburse expenses under the provisions of Article 608 and the obligation to refund the security deposit prescribed in Article 622-2, paragraph (1) under the provisions of that paragraph.
Transfer of Status of Lessor of Immovables by Agreement(合意による不動産の賃貸人たる地位の移転)
Article 605-3, paragraph (1)
If the assignor of immovables is the lessor, the status of lessor may be transferred to the assignee by agreement between the assignor and the assignee, without the consent of the lessee. In such a case, the provisions of paragraphs (3) and (4) of the preceding Article apply mutatis mutandis.
Demand by Lessee of Immovables for Discontinuation of Disturbance(不動産の賃借人による妨害の停止の請求等)
Article 605-4, paragraph (1)
If the lessee of immovables satisfies the requirements for perfection prescribed in Article 605-2, paragraph (1), the lessee may seek as specified in each of the following items in the cases stated in the respective items:
a third party disturbs the lessee's possession of the immovables:demanding that the third party discontinue disturbance; or
その不動産の占有を第三者が妨害しているとき その第三者に対する妨害の停止の請求
Article 605-4, paragraph (1), item (ii)
a third party is in possession of the immovables:demanding that the third party return it.
その不動産を第三者が占有しているとき その第三者に対する返還の請求
Article 606第六百六条
Repairs by Lessor(賃貸人による修繕等)
Article 606, paragraph (1)
A lessor assumes an obligation to effect repairs necessary for using and making profit of the leased thing; provided, however, that this does not apply if repairs are necessary due to any grounds attributable to the lessee.
A lessee may not refuse if the lessor seeks to engage in an act that is necessary for the preservation of the leased thing.
賃貸人が賃貸物の保存に必要な行為をしようとするときは、賃借人は、これを拒むことができない。
Article 607第六百七条
Act of Preservation Against the Intention of the Lessee(賃借人の意思に反する保存行為)
Article 607, paragraph (1)
If a lessor seeks to engage in an act of preservation against the intention of the lessee and the lessee cannot achieve the purpose of the lease as a result of this, the lessee may cancel the contract.
If repairs are necessary for the leased thing, the lessee may make repairs in the following cases:
賃借物の修繕が必要である場合において、次に掲げるときは、賃借人は、その修繕をすることができる。
Article 607-2, paragraph (1), item (i)
the lessee notifies the lessor of the necessity of repairs or the lessor becomes aware of the necessity of repairs, but the lessor does not make the necessary repairs within a reasonable period of time; or
Lessee's Demand for Reimbursement of Costs(賃借人による費用の償還請求)
Article 608, paragraph (1)
If a lessee has defrayed necessary expenses with respect to the leased thing which ought to be borne by the lessor, the lessee may immediately demand the reimbursement of the same from the lessor.
If the lessee has incurred beneficial expenses with respect to the leased thing, the lessor must reimburse those expenses on termination of the lease in compliance with the provisions of Article 196, paragraph (2); provided, however, that the court may, at the lessor's request, grant a reasonable period of time for the reimbursement of the same.
Demand for Reduction of Rent Due to Decrease in Profits(減収による賃料の減額請求)
Article 609, paragraph (1)
If a lessee of land that is meant for cultivation or livestock farming obtains profits less than the rent due to force majeure, the lessee may demand that the amount of the rent be reduced to the level of the amount of the profits.
In the cases referred to in the preceding Article, the lessee referred to in that Article may cancel the contract if the lessee has made profits less than the rent for at least two consecutive years due to force majeure.