About two years ago [this was written in 1995, by the way] I suddenly had a big problem. With less than 30 days on the old (standard Japanese 2 year rent) contract my apartment owner sent a letter indicating that my rent was about to jump from ¥55,000 to ¥65,000, and that they were expecting over ¥100,000 in additional "key deposit" funds. I was expected to pay the money and then be thankful that they allowed me to rent from them. It was an 18% increase; I had less than 30 days notice; and I didn't have such money available, at least not easily. Plus, at that time residential and commercial rent/lease prices had been leveling off somewhat; altogether their letter came as an unexpected financial surprise.

[Some background: It is hard for a law abiding, visa carrying, non-Japanese person to get an apartment in a Japanese city, and expensive in any case. Like older persons or the disabled, foreigners are considered less desirable tenants. It is customary to pay about 6 months worth of rent up front just to get in the door! Altogether this makes it financially prohibitive to move very often, and every two years of staying at the same flat one is expected to pay a little extra (as is discussed in this article). But usually the increase is much lower than that discussed here. Later, once in an apartment it becomes difficult for the owner to remove a troublesome tenant (no matter what, almost) - if the rent is paid on time each month.]

I soon consulted with Japanese friends. They sympathized with my plight as friends ... but every-single-one-of-them! conceded that I would have to pay - or move - before the current contract's expiration.

The foreigner's advisory corner in my local government office felt the same way. Rent prices are "always" going up after all. "Good-bye, thank you, next!" But I did get them to at least call the real estate agent to double check that the (ridiculously high) 18% increase wasn't some mistake. No mistake, and as soon as I got back home that day there was a message on my answering machine from the owner's 30-something year old son. He was angry and wanted to meet with me immediately. We met the next day. He, his wife and small son marched into my (hastily cleaned) apartment. They surveyed the contents and apparent treatment during my 2 years, cajoled a little and generally bullied. I listened and I served them tea. I politely offered ¥57,000. -He almost went ballistic! His main point was that "everyone else" in the building was paying more too. With less than 2 weeks left by that time I was given the option of paying what they told me to or getting the hell out. I hadn't considered moving due to the even higher costs. But even if I stayed their demands were exorbitant. An old style, drafty wooden Japanese apartment (two story, six units) on a dirt path back in an alley, with no air conditioner or hot running water. -But in a relatively good location in central Tokyo.

Writers are a lot like poor artists. There are a few heavyweights out in the limelight. ...Then there are the rest of us. "Hey Shawn, the corner market has cheap instant ramen on sale for ¥143!" I was in a bind. I did not at all want to be a "bad gaijin" who causes trouble then vacates. But I also didn't want to be ripped-off by an unscrupulous landlord. I finally called a few English help numbers (TELL, Japan Hotline, Japan Help Line, etc.). One of them told me of a way out, while simultaneously not recommending it.

Enter, the: Shinagawa Tenant-Lessee's Cooperative Association. It is unique in Japan. With only 2 days left I nervously showed up at their office. At this time no one on staff speaks English (it's a small office, address is below). But with all my documents in hand (i.e. pretty self-explanatory) I related my unfortunate dilemma. They understood and told me that I required a copy of something from the realtor. The next morning I calmly went to the realtor, accepted their tea, exchanged pleasantries, and by the way, first could I have a copy of their agreement with my co-signer (from two years earlier). He cordially complied. I put it away. Hmm, then there seemed to be a misunderstanding. He wouldn't accept my money. You see, we had to call the owner's son together because I showed the realtor how I had recalculated all the figures at a new rent price of ¥57,000 per month. Over the phone with the son, to the real estate agent's horror, the owner's son and I soon engaged in a brief shouting match in Japanese. Then when I mentioned that I had just gone to the Shinagawa Tenant-Lessee's Cooperative Association the conversation abruptly ended. They were dumbfounded. But I had already obtained a copy of the document I needed to proceed, and returned to Shinagawa.

Acting on their advice I immediately deposited the next month's rent of ¥55,000, per the old contract. Separately I went directly to the company which had issued the (required) apartment fire insurance, two years before (as part of the contract). It was about to expire the next day. I walked in like a smiling, dumb "gaijin" (non-Japanese person), money and previous insurance policy in hand, asking if this is where I pay to renew. They tried to convince me to leave but darn if my Japanese wasn't quite good enough to understand. I smiled, trying to hand the O.L. [office lady] my ¥10,000. I was so insistent (albeit "confused" from their perspective) that they soon relented. I later sent a copy of the receipt to the realtor.

I became a member of the Shinagawa T.L.C. Assoc. for ¥10,000 plus ¥1000 per month. They quickly sent a "contents-certified mail" letter directly to the owner. It stated basic facts including that I felt a rent increase to ¥65,000 was unreasonable. I was to continue paying at the old rate of ¥55,000 on time, and without interruption using "constructive renewal" of the old contract.

To make a long story short - we did battle for over one year. I had voluntarily raised my monthly rent to ¥57,000, then up to ¥58,000 in a sincere effort to reach an agreement. I didn't want this problem. I did not wish to be unfair to them any more than for them to be unfair to me. But on several occasions the owner and family went right through the roof. They tried to harangue my co-signer, ignored my letters (in Japanese or English) which didn't suit them, while acknowledging my New Years card and anything sent by certified mail. They even hired an English-speaking Japanese attorney. But (yawn) I come from America, where lawsuits are the nation's number one indoor sport! I really would have preferred reasonableness to their futile attempts at intimidation. Unfortunately I eventually decided to move out. I probably could have stayed, but.... And unfortunately, they may never rent to another foreigner again. I wasn't as easy to push around as they would have liked. According to Japanese culture I was "below" them, dependent, if you will. My expectation of fairness and of my rights were concepts which they either could not or would not understand.

Apartment owners, the yakuza [Japanese gangsters], real estate agents and other people like them absolutely hate the Shinagawa T.L.C. Assoc. You see, there are laws on the books to protect renters, but as in many other areas on Japanese society the victims are usually unaware of how to get help, where to turn, or shy away from confrontation in the first place. Officials tend to side with the perpetrators, i.e. with those holding the most power. Most Japanese just do not know their rights as renters. And because of language barriers foreigners are at an even greater disadvantage when the owner wants to push.

Occasionally the owner may hire thugs. With Japanese tenants the mere threat of intimidation or humiliation in front of neighbors is enough. They capitulate. After all, "everybody else" does it. The rich get richer, the poor pay more. It's business as usual.

The usual rent contract in Japan lasts for 2 years. We all know this, along with how hard it is to get an apartment in the first place (being lowly gaijin and all), and that little deposit money is ever returned to those who leave Japan, returning overseas. The owners often seem to "forget." (And they say that most crime in Japan is caused by foreigners? - give me a break!) At the end of 2 years you are supposed to have saved sufficient funds to pay an additional key deposit. This is customary, though actually not legally required! Few people know this. The renter has the right to reject the owner's "offer" of a new contract, and opt instead for "constructive renewal" of the existing contract.

It gets complicated, and the laws change periodically. But what is most important is to continue paying the old amount, on time each month. The worst thing you could do is to begin paying late or to stop paying anything which soon gives the owner sufficient justification to have the police kick you out. When depositing directly to the bank account put "RENT", your name, the month, etc. But if you usually pay in person the owner may stop accepting it, or more sinisterly write a receipt using cryptic Japanese which indicates that you are giving them money alright - but that it is not for "rent" per se, i.e. they will begin stealing your money then later claim in court that you had stopped paying "rent." Foreigners, they just can't be trusted.

Also, you should order the book for foreigners published by the Shinagawa T.L.C. Assoc., "Essential Knowledge for Housing & Land Problems" by Yoshiko Ueno, the association's managing director. Predictably, [in Japanese culture] this book is not available in nor through bookstores. They won't order it for you, they'll tell you it doesn't exist. But you can order it directly for ¥3000, plus ¥400 shipping (total: ¥3400). The full address is: Shinagawa Tenant-Lessee's Cooperative Association, Sun-City 21 Bldg., 2F, 5-19-13 Togoshi, Shinagawa-ku, Tokyo 142. Tel. 03-3786-6047. Fax 03-3788-6508. If you live in the Tokyo area go to JR's Oimachi Station, one stop south of Shinagawa. Change to (via north exit) the Tokyu Oimachi Line. Important - walk down to the far end of the train before getting on. Get off at Togoshi-Kooen Station. Go left out of the exit, 1/2 block, left again going around the drug store (big green sign above). Look for stairs going up, it's on the second floor above the drug store.

A 5% or 10% rent increase after 2 years is not uncommon. And if you've been a good tenant (not loud, putting garbage out on the right mornings, sending the owner a New Year's card each year etc.) then you should have no problems. But if you do, keep your head and begin documenting everything. Get a Japanese friend involved to help you. Just what is the misunderstanding? How can we resolve this? Try to avoid being confrontational or causing a problem.... Appeal as much as possible, but also remember that you have rights! And if the owner hires yakuza thugs (…it does happen) to begin harassing you or worse, discretely try to get a license plate number from their car, etc. Write to your embassy first then to the Japanese police. The police may be prejudice about those foreigners who just don't know how to get along in Japan. That may seem to be the problem, in fact. Hmm, why is this gaijin provoking the owner to hire extra help?

We are strangers in a strange land. But we are also "ambassadors" of a sort, letting the locals know just what folks from the outside are like. This is an important responsibility on our part. The majority of Japanese have never traveled overseas. Our behavior is often their only window. Please bear this in mind and seek a compromise. But if your apartment owner starts getting strange or greedy, calmly get advice and assistance.

I hope you never have to go through the problems which I did, but realize that there is help available - both Japanese people and foreigners - who want for you to be treated fairly. Gambatte!

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