On October 14, 2026, the Tokyo District Court rendered a judgment in favor of the plaintiff in an action for recovery of possession of a building in which Noritake Ito, a lawyer at our firm, represented the plaintiff. The judgment ordered the surrender of the building, payment of unpaid rent, and payment of damages equivalent to rent until the building is surrendered.
Whether a claim for recovery of possession based on nonpayment of rent is upheld depends on whether the demand for payment required before termination of the lease meets the applicable requirements and whether the nonpayment is serious enough to destroy the relationship of trust underlying the lease. In addition, if persons other than the tenant also use the building, it may not be possible to secure the surrender of the building even after obtaining a judgment unless claims are also brought against those persons. Before filing suit, it is important to verify the status of possession and, where necessary, consider provisional remedies.
Our firm handles litigation and dispute resolution for companies and other legal entities and their executives, including disputes concerning real estate leases. For more information, please see our Litigation and Dispute Resolution page.