Legal aid service about legal adviser, company legal affairs consultation to legal professional corporation Marunouchi soleil law office (JR Tokyo Station 4-minute walk)

First fee for consultation 0 yen, please feel free to contact. 03-5224-3801

Evacuation of real estate

Tenant does not pay rent,
Person except tenant seems to live,
... which wants you to leave because you are not able to bear further problem.

There are many owners with trouble such as the above.
However, tenant is behind with rent; even if untie, be cleared up without agreement of tenant in room, and owner cannot let evacuate.

But we can solve problem by doing procedure in conformity with law.

When we demand evacuation of real estate

We demand evacuation from the following cases.

  • When we lent tenant real estate, but because tenant does not pay rent, we remove contract of lease and want to demand evacuation of real estate
  • When we occupy real estate which self owns illegally and want to demand the evacuation

We explain below rough flow until evacuation.

Flow until evacuation

(1) On-site inspection of article

At first we check register to hear story from owner on making stocktaking and proceed to the field as needed and investigate the present situation.

(2) Notification, negotiations by certified mail

There is case which can be settled without performing judicial proceedings in talks and negotiating.
At first we start talks, negotiations after having left notification of rent and manifestation of intention seeking lease dissolution of relation for act and deed by certified mail document.

(3) Provisional disposition of transfer of possession prohibition

When the occupation moves to other people before obtaining decision of court of evacuation, judgment becomes meaningless.

Provisional disposition of transfer of possession prohibition is maintenance procedure to prevent this.
Tenant falls into multiple debts and is missing all too soon, and case that there is strange owner happens quite often, and owner may move the occupation to third party more on purpose to interfere with evacuation of article.
Therefore it is necessary to finish procedure of provisional disposition of transfer of possession prohibition.

(4) Rent request, building evacuation suit

In the first place tenant does not accept talks and negotiations or, in the case of disappearance, tenant files a suit against court.
Evacuation based on judgment of trial is means that there are the fewest risks for owner, and is certain.

(5) Forcible execution

If evacuation procedure by forcible execution is completed, it is all the end.
Even if receive winning the case judgment, tenant and owner assume a defiant attitude; and optionally light; do not hand or tenant evacuates missing cases by forcible execution procedure forcibly.
When there is rent credit then, conversion does movable property (furniture or valuables) in room and can allot to credit.

Basic knowledge about the issue of real estate transactions and real estate

���[���ł̂��₢���킹

To TOP