Japanese Real Estate Law
Q7. What is the legal system for leases in Japan?

Japanese Civil Code is applicable to land leases or building leases for temporary use. A normal lease is subject to the Land Lease and Building Lease Law. The law is constructed to protect the rights of the lessee.

Therefore, if you rent out your buildings, you have to understand the compulsory Japanese provisions according to the law. The typical lease will be explained below.

Most importantly, if a lessee under a land lease agreement obtains the lease for the purpose of owning a building on such land and the building on the land is registered, the building owner can assert his/her perfected right against any third party in general, including the new owner of the land.

Further, regarding a building lease, the new owner of the building cannot deny the lease agreement of the building and the new owner cannot use the building him or herself, but must become the new lessor to the lessee. This is another important aspect of the perfection of the lease agreement.

In this way, the lease legal system in Japan is rather complicated, and we highly recommend that you receive an appropriate review of the transaction documents before entering into any transactions.



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