Japan's Ministry of Land, Infrastructure, Transport and Tourism publishes a restoration guideline ("Guideline on Disputes over Restoration to Original Condition"), whose basic thinking is that damage from ordinary aging and normal use (ordinary wear and tear, tsūjō sonmō) is the landlord's cost, while damage from the tenant's intent, negligence, or breach of the duty of care is the tenant's cost. The guideline itself carries no legal force, but it's widely referenced as a standard in court precedent and everyday practice.
- The Ministry's guideline basic rule: "ordinary aging and normal wear is the landlord's cost; damage from intent or negligence is the tenant's cost."
- Wallpaper discoloration from sunlight and floor dents from furniture placement are usually treated as ordinary wear.
- Tobacco tar and odor, and damage from pets, tend to be treated as the tenant's cost.
- The guideline has no legal force, but is widely referenced as a practical standard.
- Where the lease agreement contains a special clause (tokuyaku), its terms can take precedence.
The Basic Thinking Behind the Ministry's Guideline
Ordinary aging and normal wear and tear are treated as the landlord's cost on the reasoning that they're already priced into the rent, while damage beyond that is the tenant's cost. First established in 1998, this guideline has been revised repeatedly to reflect practical experience and accumulated court precedent, and it remains a leading reference for restoration disputes today. Government and local-government consultation counters also introduce the guideline's thinking when handling move-out disputes.
Examples Typically Treated as the Landlord's Cost
Wallpaper discoloration from sunlight, floor dents from furniture placement, and wall damage on the scale of thumbtack holes are generally treated as the landlord's cost as incidental to ordinary use. Natural aging of equipment and tatami/flooring discoloration consistent with normal living are also among the typical examples treated as the landlord's cost. What these all share is being treated as wear that naturally arises from a tenant living an ordinary life.
Examples Typically Treated as the Tenant's Cost
Tobacco tar and odor, damage from pets, mold from neglected condensation, and equipment wear from lack of upkeep tend to be treated as the tenant's cost, as breaches of the tenant's duty of care. Buildup of grime in plumbing fixtures from neglected cleaning can also be treated as the tenant's cost, as exceeding the bounds of ordinary use. What these cases share in common is that they're wear that could plausibly have been prevented through the tenant's everyday care and attention.
Cases Where Judgment Often Splits
Cases can genuinely split on judgment depending on the specific circumstances — for example, the unit of replacement when part of the wallcovering needs replacing (the entire room, or just the damaged section). The extent of smoking-related odor or discoloration, and the degree of pet-related damage, are also areas where the two sides' claims easily diverge without photos or records. In these cases, the parties work toward a landing point both can accept, drawing on the views of the management company or a third-party body as needed.
How This Relates to Special Clauses in the Lease
The guideline has no legal force, and where the lease agreement contains a clear special clause (tokuyaku), its terms can take precedence. It matters that both parties understand the content of any special clause at the time of signing. For a special clause to be held valid, even one unfavorable to the tenant, it's generally required to have reasonable grounds and for the tenant to have clearly recognized and agreed to its content. A clause judged to unilaterally impose a disadvantage on the tenant can be held invalid.
Preventive Steps to Avoid Disputes
Photographic records at move-in and move-out, and preparing a condition report at move-in, make it easier to avoid disputes over the cost allocation at move-out. Having both parties confirm the situation together on the spot at the move-out walkthrough, and putting the cost allocation in writing, is also an effective way to prevent later gaps in understanding. Photographing the unit's condition at move-in is likewise an effective way to prevent "was this damage already there?" disputes at move-out.
Frequently Asked Questions
Who bears the cost of faded wallpaper from sunlight?
As ordinary wear and tear from typical daily use, this is usually treated as the landlord's cost. That said, the specific circumstances can change how it's judged.
If I kept a pet, are scratches my responsibility as the tenant?
Damage caused by a pet is a classic example treated as the tenant's responsibility, as a breach of the tenant's duty of care.
Does the Ministry's guideline carry legal force?
The guideline itself has no legal force, but it's widely referenced as a standard in court precedent and everyday practice.
Summary
The basic allocation for restoration costs follows the Ministry's guideline: ordinary aging and normal wear is the landlord's cost, while damage from intent or negligence is the tenant's cost. Since judgment can vary by lease terms and specific circumstances, keeping records from move-in onward helps prevent disputes.