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The process for the execution of vacating a building
* Below is the brief introduction based on the typical case. Since the procedure to manage case varies, please consult the attorney for the best way to manage your case.
| ¡ÚTypical case¡ÛBasic flow of the execution of vacating a building |
| X (client) rented a room of the apartment (room number 301) in which X possesses to Y, for 300,000 JPY per month. However, Y has been failing to pay the fee for more than 6 (six) months. This is the case in which X wishes Y to cancel the lease agreement as well as Y to vacate the room number 301. |
| ¡ÚNotice of cancellation¡Û |
| First, X is to send a letter (normally, a contents-certified mail) to Y asking simultaneously for the payment of rent fee which Y failed to pay and if the payment was not realized in a certain period of time, the lease contract between X and Y would be cancelled. By sending this letter, in case if Y did not pay in a certain period of time, the lease contract will be cancelled. (Since lease contract has a peculiarity that it is on the premise that the lease contract is a type of contract that continues, on contrary to sales contract, the cancellation of lease contract is not usually allowed if the failure of payment was about 1 (one) to 2 (two) months. ) |
| ¡ÚFiling a lawsuit¡Û |
| Secondly, X is to file a lawsuit against Y claiming Y to vacate the room. In this case, the failed payment of rent fee, the amount of damage, and the amount of damage occurred after the cancellation of lease contract will be usually claimed together. Moreover, the cost of revenue stamps (tax paid to the court by putting on the petition) depends on the assessment of the fixed asset (building) concerned. |
| ¡ÚWinning a suit¡Û |
| If X won the case as a result of suit, the court passes a judgment stating ¡ÈY (the respondent) is to vacate the room number 301 to X.¡É |
| ¡ÚPetitioning the compulsory execution (Kyosei-Shikko)¡Û |
| If Y did not vacate the room even after winning the suit, X should receive the certification of delivery (a certification that certify the judgment concerned was delivered to Y) and the execution sentence (a sentence that enables X to petition a compulsory execution). After obtaining these two documents described above, X is to petition the ¡Ècompulsory execution of vacating a room.¡É Moreover, the prepayment made to the court will be around 65,000 to 70,000 JPY, depending on the court. |
| ¡ÚThe notification¡Û |
| After petitioning the compulsory execution in step 4, a bailiff will go to the actual place (room number 301) and put the notification inside the room, after confirming the present condition. (¡ÈNotification¡É is a warning for Y to vacate the room voluntarily.) |
| ¡ÚThe process of carrying out¡Û |
| After about 4 (four) weeks after the notification in step 5, the bailiff will go to the actual place (room number 301) again. On the day of carrying out, the professional dealer in which X requests beforehand will carry out the remaining objects such as household goods. (¡Èmovable properties which were not the primary objective of the execution¡É) Please note that X needs to pay for the cost of dealer and the warehouse, even if X could claim for those costs to Y later. (X should keep in mind that the cost will be around 1 million JPY, depending on the dimension of the room and the amount of household goods.) Indeed, there are cases in which X could keep the household goods inside the actual place by submitting a written report to the bailiff, stating the goods concerned to be kept in the actual place, before or after the process of carrying out. In this case, the costs described above do not have to be bored. Moreover, it is ordinary to request the dealer and change the key on the date of carrying out. Also, a witness will be accompanied with bailiff, however, the travel allowance, transportation expenses, etc, will be allotted from the prepayment paid in the process 4 above. |
| ¡ÚThe completion of vacating the room¡Û |
After the process 6, the bailiff will estimate the current price for the remaining objects or the objects kept in the warehouse (movable properties which were not the primary objective of the execution) and X is to purchase these objects, unless there is a purchaser. (Indeed, the cost would tend to be not so expensive, around thousands to 10 thousands JPY unless the object deemed to be a really expensive art object.) After purchasing those objects, X is free whether to dispose or resale them and the room number 301 will be vacated. Therefore the process of vacating the room 301 will be completed. Moreover, there are cases in which the process of notification and the process of carrying out would be accomplished on the same day, by the bailiff¡Çs judgment. (i.e. The person deemed to be living in the house is missing for more than a year and there is no evidence that the person came by during that period of time, is one of the example.)
* The procedure for execution depends on the practice of court, the bailiff responsible, as well as the situation of the actual place and they might differ. |
¡¡¢ÍFor more information on fees, please refer to this link.
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