What is the law regarding getting shikikin back?

[deadhippo]

Hi,
i have been told that the landlord must return the shikikin (deposit) when you leave the apartment. Does anybody know the laws regarding this or where I might find this information?

[chickie]

Hiya deadhippo :)

I'm not sure about the law regarding "shikikin".
But I believe there are articles on "shikikin" in 民法 and 借地借家法.

I think "shikikin" will be returned pursuant to the the contract of lease(賃貸借契約). The one you sign when you rent a flat.

In general, the landlords use the shikikin for cleaning up the flat
after you move out, then they pay the remainder back.

[Ewok85]

In general, the landlords use the shikikin for cleaning up the flat
after you move out, then they pay the remainder back.

I'll have to find said law and articles and confirm, but shikikin is not supposed to be used for cleaning unless its damage done outside of normal wear and tear. Cleaning the place just because you have been there is unfair and illegal use of shikikin and is bourne by the landlord.

[epigene]

I apologize in advance that I don't have time for research into the current state of Japanese laws regarding shikikin to back up my opinion, but here's my two cents (based on what I saw and heard on TV):

In the past, landlords had abused the "shikikin" and never returned the money to departing tenants and even imposed surcharges (such as for cleaning the apartment claiming you've been a dirty tenant, etc.). This has caused serious disputes that went to court in the past and reported on the TV media.

Today, it is widely known that landlords must substantiate their claim with evidences for the amount they should deduct from "shikikin." When you evacuate the apartment, you can demand an itemized statement on what charges the landlord will impose. If you find something questionable, you should go to your local consumer center (shouhi seikatsu soudan), very often found at your local government office, and have them look over the statement. You can then refuse if it is found illegal. (I can't remember what is legal and what is not.)

A wise move is to take photos of your apartment as it is now and after you've taken out the furniture as evidence. The ideal is (or was) to also take photos of the apartment before you moved in, to show whatever blemishes, cracks on wall, etc., that the apartment had prior to your occupancy.

HTH! :relief:

[Mikawa Ossan]

If I get time enough (sorry, unlikely this week), I'll see if I can find the pertinent laws. In the meantime, I'll let you know what my contract says about that.

In my contract, there is no direct mention of "sikikin", but there is "hoshoukin", which is basically the same.

My hoshoukin incurs no interest during my stay at my apartment.
I can not use my hoshoukin to pay my rent while I stay here.
blah blah blah

More to the point of this thread, the following will be deducted from my hoshoukin when I leave regardless of the length of my stay.
Housecleaning Fee 38,000 yen
Fee for Changing the Locks 15,000 yen

Make sure you read your contract before you press your seal to it, because once you do, it's legally binding!

[Ewok85]

Make sure you read your contract before you press your seal to it, because once you do, it's legally binding!

First, a contract that contains conditions that are illegal or contradictory to the law are not binding even if you do agree to them. Second, house cleaning and lock changing fees onto a security deposit (at least in Australia) is illegal as that is not what a security deposit is for.

[Mikawa Ossan]

First, a contract that contains conditions that are illegal or contradictory to the law are not binding even if you do agree to them. Second, house cleaning and lock changing fees onto a security deposit (at least in Australia) is illegal as that is not what a security deposit is for.
This is true to an extent. One thing that was drilled into my head when I studied Japanese civil law a little back in the day (not enough to make me an expert by any means!), is that contracts made by legally competent individuals generally speaking supercede the law. Perhaps Japan legal culture values the word of contracts more than the word of the law?

[chickie]

I'll have to find said law and articles and confirm, but shikikin is not supposed to be used for cleaning unless its damage done outside of normal wear and tear. Cleaning the place just because you have been there is unfair and illegal use of shikikin and is bourne by the landlord.Sorry, I'm not an expert:(
Anyway that's what the landlord did after I left the flat last year, and some of my friends experienced the same kind of thing.
If you have some questions, you'd better go to your local consumer center(as epigene-san said), or Bengoshi kai:wave:

[Hiroyuki Nagashima]

"SHIKIKIN" is repaid.
When I lived in Tokyo, all the deposits were repaid.
Because cleaning expense and a change of a key are responsibility of an authority, I do not have to pay.
Please read here
http://www.jafnet.co.jp/manual/e_chintai/migigawa/etaishitsu.htm

[deadhippo]

Thanks for your replies.
I finally got told that I can get 65 out 150 thousand.
I'm not too happy about it and am going to argue it tomorrow.
@Hiroyuki - according to that link I will have to pay a cleaning fee. It says it is the tenants responsibility.

[nice gaijin]

let us know how your haggling goes! I hope you're able to get the full amount returned.