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Article 611第六百十一条
Reduction of Rent Due to Partial Loss of a Leased Thing(賃借物の一部滅失等による賃料の減額等)
Article 611, paragraph (1)
If it comes to no longer be possible to use or profit from part of a leased thing due to grounds such as loss and this is caused by grounds not attributable to the lessee, the rent is reduced in proportion to the value of the part that can no longer be used or profited from.
If it comes to no longer be possible to use or profit from part of a leased thing due to grounds such as loss and the lessee is unable to achieve the purpose of the lease with the remaining part alone, the lessee may cancel the contract.
Restrictions on Assignment of Lease and Subleasing(賃借権の譲渡及び転貸の制限)
Article 612, paragraph (1)
A lessee may not assign the lease or sublease a leased thing without obtaining the approval of the lessor.
賃借人は、賃貸人の承諾を得なければ、その賃借権を譲り渡し、又は賃借物を転貸することができない。
Article 612, paragraph (2)
If the lessee allows any third party to make use of or take the profits of a leased thing in violation of the provisions of the preceding paragraph, the lessor may cancel the contract.
If a lessee lawfully subleases a leased thing, the sublessee is liable to perform an obligation based on the sublease directly to the lessor, to the extent of the scope of the lessee's obligation based on the lease between the lessor and the lessee. In such a case, advance payment of rent may not be duly asserted against the lessor.
The provisions of the preceding paragraph do not preclude the lessor from exercising rights against the lessee.
前項の規定は、賃貸人が賃借人に対してその権利を行使することを妨げない。
Article 613, paragraph (3)
If the lessee lawfully subleases a leased thing, the lessor may not duly assert against the sublessee the cancellation by agreement of the lease with the lessee; provided, however, that this does not apply if, at the time of the cancellation, the lessor has a right to cancel due to non-performance on the part of the lessee.
Rent must be paid at the end of the month with respect to movables, buildings and land for residential purpose, and at the end of the year with respect to other land; provided, however, that with respect to anything with a harvest season, the rent must be paid without delay after that season.
If a leased thing requires any repair or if a person asserts a right with respect to a leased thing, the lessee must notify the lessor without delay; provided, however, that this does not apply if it is already known to the lessor.
Notice of Termination of Leases with Indefinite Terms(期間の定めのない賃貸借の解約の申入れ)
Article 617, paragraph (1)
If the parties do not specify the term of a lease, either party may give a notice of termination at any time. In these cases, a lease as stated in one of the following items terminates when the term prescribed in that item has passed after the day of the notice of termination:
With respect to leases of land with harvest seasons, the notice of termination must be given after the end of that season and before the next start of cultivation.
Reservation of Rights to Terminate Leases with Definite Terms(期間の定めのある賃貸借の解約をする権利の留保)
Article 618, paragraph (1)
Even if the parties specify the term of a lease, the provisions of the preceding Article apply mutatis mutandis if one party reserves, or both parties reserve, the right to terminate during that period.
If a lessee continues to make use or take the profits of the thing after the expiration of the term of the lease and a lessor that knows of the same raises no objection, it is presumed that a further lease is entered into under conditions identical to those of the previous lease. In these cases, each party may give a notice of termination pursuant to the provisions of Article 617.
If one of the parties has provided security for the previous lease, the security is extinguished upon expiration of the term; provided, however, that this does not apply to a security deposit prescribed in Article 622-2, paragraph (1).
If a lease is cancelled, the cancellation becomes effective solely toward the future. In such a case, the cancellation does not preclude a claim for compensation for damage.
If any damage is caused to the leased thing after the lessee receives it (excluding any wear of the leased thing caused by the ordinary manner of using and making profit from it and any aging degradation of the leased thing; the same applies in this Article below), the lessee has an obligation to restore the damaged thing when the lease is terminated; provided, however, that this does not apply if the damage is caused due to any grounds not attributable to the lessee.
If a lessor receives a security deposit (meaning money to be delivered by the lessee to the lessor under any name, for the purpose of securing an obligation to pay money that is owed by the lessee to the lessor based on a lease, such as an obligation to pay rent; the same applies in this Article below), the lessor must return to the lessee the amount that remains after deducting the amount of the obligation to pay money that is owed by the lessee to the lessor based on the lease, from the amount of security deposit received, in the following cases:
if the lease is terminated, and the lessor receives the return of the leased thing; or
賃貸借が終了し、かつ、賃貸物の返還を受けたとき。
Article 622-2, paragraph (1), item (ii)
if the lessee assigns the lease lawfully.
賃借人が適法に賃借権を譲り渡したとき。
Article 622-2, paragraph (2)
If the lessee fails to perform an obligation to pay money based on the lease, the lessor may appropriate the security deposit to the payment of the obligation. In such a case, the lessee may not demand that the lessor appropriate the security deposit to the payment of the obligation.