First, correct some common misconceptions: A deposit is not a free-for-all, and the landlord pays for ordinary wear and tearExperience
Misconception 1: “There’s wear and tear from living there, so it’s only natural that they deduct it from my deposit.”
In some places, shared rentals or move-outs involve a token deposit deduction, and many international students assume Japan works the same way and accept whatever amount the management company says to deduct. This is a major financial pitfall. Japanese law clearly distinguishes two kinds of wear: ordinary wear and deterioration over time (normal aging from living there, wallpaper fading in the sun, furniture indentations, natural aging) are the landlord’s responsibility; the cost of this restoration is already included in the rent you pay each month. You are responsible only for damage caused by the tenant’s intent, negligence, or failure to exercise due care (善管注意義務違反)—for example, cigarette burns, pet scratches/bites, mold from leaving a leak unattended, or a large hole from driving a nail through drywall. Article 621 of the amended Civil Code, effective April 2020, put this rule directly into law; it is no longer just administrative guidance.
Misconception 2: “At the move-out inspection, they asked me to sign a confirmation form and wouldn’t let me leave unless I did.”
At the move-out inspection (退去立会い), the management company often presents a move-out/restoration confirmation form and asks you to sign on the spot to confirm the charges. Once signed, you are legally treated as having agreed, it is almost impossible to reverse later, and it can become evidence against you in court. If you have any question about the amount or who is responsible, you can refuse to sign on the spot, or write next to the property-condition confirmation: "amount to be discussed separately; I do not agree to this charge." There is no law requiring you to sign and accept the charges on the spot.
Misconception 3: “The contract says I have to pay for cleaning and full wallpaper replacement, so I have no choice.”
A 「特約」 (special clause) in the contract—for example, requiring the tenant to pay cleaning or wallpaper replacement costs at move-out—is not automatically valid just because it is written down. For the tenant to bear costs beyond the legal duty to restore the property, the special clause must meet these conditions: ① it has a necessary and objectively reasonable basis; ② the amount/scope is specific (for example, it states the exact amount the tenant must pay as 「退去時クリーニング代」); ③ when signing, the tenant clearly understood and agreed to the additional burden. A vague line such as 「原状回復は借主負担とする」 (restoration is the tenant’s responsibility), or a cleaning clause with no amount, is often ruled invalid or reduced under Article 10 of the Consumer Contract Act (『消費者契約法10条』), which invalidates clauses that unilaterally harm consumers. It is not a case of “written in black and white, so they win.”
Misconception 4: “I stained the wallpaper, so I have to pay for an entire new wall.”
Even when damage is your responsibility, 「経過年数」 (depreciation based on age) protects you. Wallpaper (クロス) has an estimated useful life Guide of about 6 years and is depreciated on a straight-line basis: after 6 years, its book value is approximately ¥0. Even if you dirtied the wall, the material cost of the wallpaper should in principle be close to ¥0 (though you may still share installation/removal labor costs). You pay only for the remaining value, not the price of brand-new material. This differs from the intuition in many places that “if you damage it, you pay for a new one.”
Ordinary wear and tear vs. intentional damage or negligence: First, understand who pays for whatVariable
- 【Landlord’s responsibility · cannot be deducted from your deposit】Indentations in flooring/tatami left by furniture; sun-fading of wallpaper/tatami; electrical discoloration (電気ヤケ) on the wall behind a TV or refrigerator; small pinholes from posters/calendars (the size of a thumbtack); equipment failures from normal aging; and damage left by the previous tenant.
- 【Tenant’s responsibility · a reasonable deduction may be possible】Cigarette burns, widespread yellowing from nicotine, and odor (タバコのヤニ); pet scratches/bites, urine stains, and odor; mold/rot caused by leaving leaks or condensation unattended (failure to report promptly = 善管注意義務違反); obvious scratches from dragging items during a move; large holes through drywall or the backing (ordinary thumbtack holes do not count); and broken glass you caused.
- Remember the standard: the question is not whether there is any wear, but whether it exceeds normal use and was caused by your intent or negligence. If it is something that can happen through ordinary daily living, the landlord generally pays.
- 【Key protection】Even if you are responsible, the charge is further reduced by 「減価償却」 (depreciation). Common useful-life estimates Guide: wallpaper (壁紙/クロス) 6 years, carpet 6 years, cushioned flooring (クッションフロア) 6 years, air conditioner 6 years, and kitchen sink/counter (流し台) 5 years. Your share ≈ restoration cost × (useful life − years of occupancy) ÷ useful life. The longer you live there, the less you should pay.
Practical ways to protect yourself during the move-out inspection: Evidence determines how much you can recoverExperience
Take and organize photos when you move in (your strongest protection)
- On the first day you move in, photograph or video all existing dirt, scratches, and equipment conditions throughout the home. Keep the timestamps and back everything up to the cloud.
- If the Ministry of Land, Infrastructure, Transport and Tourism guideline includes a 「現況確認書（入退去時の物件状況及び原状回復確認リスト）」 (condition report/checklist for move-in and move-out), or the company has its own checklist, go through it item by item with the management company when moving in and have both sides sign and keep a copy. This directly helps prove 「this damage was not caused by me」.
- If you did not take move-in photos, you cannot make them now; all the more reason to gather solid evidence during move-out.
On move-out day: Take photos and videos throughout, and bring your contract
- Attend the move-out inspection (立会い) in person and bring the original 「賃貸借契約書」 (rental agreement) to check the special clauses, notice period, and deposit terms.
- As the other party points out each instance of “damage,” photograph and video it yourself and record what they say. Focus on wet areas (kitchen/bathroom), corners, floors, and wallpaper, where charges are most likely to be inflated.
- Ask them for an 「見積書/明細」 (estimate/itemized statement): each item should list the unit price, quantity, and why they are charging you, rather than a vague lump sum such as 「原状回復一式 ○○円」. A lump-sum quote is a common warning sign of an excessive claim.
Confirmation forms and cost estimates: Don’t sign on the spot to acknowledge liability
- Treat 「confirming the condition」 and 「agreeing to the amount」 separately. You can sign the former; if you have questions about the latter, do not sign it.
- If asked to sign an itemized statement agreeing to pay on the spot, write "I will take the amount home to review; I do not agree today" before leaving. Do not be intimidated by claims that you cannot leave unless you sign.
- At home, compare each item in the statement with the rules on this page: which items are ordinary wear the landlord should pay for, which have not been depreciated, and whether the cleaning/wallpaper replacement clause is valid. Mark items you can challenge, then send the management company a written request for a reduction by email or registered mail.
Notice of cancellation: Don’t throw away a month’s rent just because you gave notice a month lateVariable
- Common notice periods for ending a lease are 「1ヶ月前」 or 「2ヶ月前」 (one or two months before move-out) Guide, but they vary widely by property (from 2 weeks to 3 months). Your contract is the only source to rely on.
- If you give notice after the required notice period, you may still be charged rent through the end of the notice period even if you move out earlier (in effect, paying for unused time). Once you decide to leave, notify them in writing promptly and keep email/written proof; verbal notice does not count.
- Early termination penalties: many contracts contain clauses such as 「入居○年未満で退去すると違約金（短期解約違約金）」 (a short-term cancellation fee if you move out before ○ years) or a fee for moving out outside the renewal month. Check before signing and before moving out to avoid extra losses.
- Confirm the move-out date, when the deposit will be returned, and which account it will be sent to in writing with the management company in advance. This is especially important before an international student returns home: specify a Japanese account that can still receive the payment after you leave or another way to receive it.
Specific to Kansai and western Japan: What is shikibiki (敷引特約), and when can you dispute it?Variable
- The Supreme Court (judgment of March 24, 2011 [平成23年3月24日]) generally found a 敷引 special clause (fixed deposit deduction) valid if the amount was clear at signing and the tenant knowingly agreed. So it is not true that 「敷引き is always illegal and can all be reclaimed」.
- There are limits: if the 敷引 amount is excessively high (judged in relation to ordinary-wear repairs, rent, whether key money was paid, and other factors) and the rent is not clearly below comparable market rents, you can argue under Article 10 of the Consumer Contract Act (『消費者契約法10条』) that the clause is invalid or should be reduced. Cases reviewed include monthly rent of about ¥96,000 and deductions of ¥180,000–340,000 (about 1.8–3.5 months’ rent).
- In practice, 敷引き is a fixed amount deducted first, while restoration costs are separately calculated from actual damage. Watch for double charging—deducting the fixed 敷引 and then charging the full restoration costs again. This is a point you can negotiate.
- Before signing, check carefully: for a property with 敷引き (a fixed deduction from the deposit), you will basically not get this money back. Include it in your budget as a sunk cost, not as a deposit that will be returned when you move out.
How to escalate a dispute: Free or low-cost options are available, from negotiation to litigationExperience
Step 1: Consumer Affairs Center (Consumer Hotline 188)
If you face a high move-out restoration bill and your 敷金 (security deposit) is not returned, call the nationwide number 188 (いやや). It will automatically connect you to your local 消費生活センター (Consumer Affairs Center). Consultation is free (you only pay the call charge); they can offer professional negotiation advice and guidance on typical costs, and may even mediate. Rental housing disputes are a frequent consultation topic there, so staff are familiar with them. Contact your local center on weekdays; the 国民生活センター (National Consumer Affairs Center of Japan) handles calls on weekends and public holidays [要確認 hours of service].
Step 2: Houterasu (Japan Legal Support Center)
If you need a lawyer or 司法書士 (certified judicial scrivener), contact 法テラス at 0570-078374 (おなやみなし; weekdays 9:00–21:00, Saturdays 9:00–17:00 To verify). Those who meet the income and asset requirements can receive free legal consultations (up to 3 consultations for the same case) and civil legal aid (advance payment of lawyer's fees, repaid in installments). International students in Japan can generally use these services if they meet the financial requirements and their case is in Japan [要確認 individual eligibility].
Step 3: Small-claims action (a claim you can file yourself)
When the amount of the deposit refund is modest, you can use 少額訴訟 (small claims litigation): for monetary claims of 60万円 or less, the case is generally heard and decided in one day. The procedure is much simpler than ordinary litigation, and you can represent yourself without a lawyer, making it suitable for small disputes such as a 敷金 refund. File at the summary court where the defendant (landlord/property management company) is located or where the property is located. Before filing, check the court’s small-claims page for conditions, fees, and documents, and confirm jurisdiction with the summary court where you plan to file To verify.
The principle that underlies the entire process
The key to success through any channel is evidence plus comparison with the ガイドライン (guidelines): the original wording of your 契約書 (contract), move-in/move-out photos, the other party's itemized 見積 (estimate), and the allocation of costs and depreciation explained on this page. Make a list of which items should not be your responsibility, which charges omit depreciation, and which 特約 (special clauses) are invalid. That will support your position in either negotiations or court.
Official sources for verificationOfficial
- Ministry of Land, Infrastructure, Transport and Tourism: Restoration GuidelinesThe official framework for move-out restoration costs, ordinary wear and tear, and age-related changes.
- National Consumer Affairs Center of Japan: Rental Housing FAQA consumer consultation resource for security deposits, restoration to original condition, and rental disputes.
- Houterasu: Consultation Offices and Legal SystemsCheck here when you need legal advice, financial assistance, or a referral
- Courts: Small-Claims ActionsCheck the small claims procedure for monetary claims of 600,000 yen or less
Quick Japanese Glossary: Common Terms for Protecting Your Rights When Moving OutOfficial
- 敷金しききん
Security deposit: Money paid in advance when signing the lease and settled at move-out after accounting for restoration costs; normal wear and tear cannot be deducted from it.
- 原状回復げんじょうかいふく
Restoration to original condition: The obligation to return the home to its original condition when moving out; the landlord is generally responsible by law for ordinary wear and tear and deterioration over time.
- 通常損耗つうじょうそんもう
Ordinary wear and tear: The aging and wear resulting from normal residence; legally, the landlord is responsible for this, and it is already included in your monthly rent.
- 経年劣化けいねんれっか
Deterioration over time: Deterioration that occurs naturally over time (such as wallpaper fading in the sun); the landlord is responsible for this as well.
- 立会いたちあい
Move-out inspection: Attend in person when moving out and check the condition of the home room by room with the management company—the evidence is gathered at this stage.
- 見積書みつもりしょ
Itemized cost breakdown: A quote specifying each unit price, quantity, and reason for charging you; be wary of vague lump-sum charges such as “one set: XX yen.”
- 敷引きしきびき
Fixed security deposit deduction: Common in Kansai and western Japan, this is a fixed amount agreed in advance that will not be returned from the deposit; excessive amounts can be disputed.
- 少額訴訟しょうがくそしょう
Small claims procedure: For monetary claims of 600,000 yen or less, cases are generally resolved in a single day, and you can represent yourself; suitable for disputes over the return of a security deposit.
Practice Scenario: Stand Your Ground at the Move-Out Inspection (Read Along with Furigana)Experience
こちらの壁紙の日焼け、原状回復として張り替えになります。
The wallpaper here has faded in the sun, so it needs to be replaced as part of restoring the property (at your expense).
日焼けは通常損耗ではないでしょうか。ガイドラインでは貸主の負担だと思います。
Isn’t fading in the sun considered normal wear and tear? My understanding from the guidelines is that the landlord is responsible.
費用は項目ごとの見積書をいただけますか。
Could you give me an itemized breakdown of the charges?
後ほど明細をお送りします。
I’ll send you the breakdown later.
では、こちらの確認書にサインをお願いします。
Then please sign this confirmation form.
金額は一度持ち帰って確認したいので、本日は同意のサインはしません。
I’d like to take the amount home and check it, so I won’t agree to sign today.