Subletting in Tokyo: check the landlord’s consent

Before accepting a Tokyo sublet, ask who owns the apartment, who holds the lease and whether that leaseholder has the landlord's consent to sublet it. If you're the tenant hoping to rent out your home while away, start with your landlord or managing agent.

Having the keys does not mean someone has permission to rent the apartment to you.

What Article 612 says

Article 612 of Japan's Civil Code says the tenant must have the landlord's consent before transferring the lease or renting the apartment to someone else. The landlord can also cancel the lease if the tenant lets someone else use the apartment without that consent.

An unauthorised sublet can therefore put the original lease at risk. A dispute does not automatically mean the lease ends or the new occupant must leave that day; the outcome depends on the facts. If there's a dispute, ask a lawyer to review the documents. Don't assume an exception lets you sublet without the landlord's permission.

Ask for consent that covers what you intend to do

If you're the existing tenant, describe the proposed dates, occupant, payment and use of the apartment. Ask how the landlord wants to document consent. Keep the reply with the original lease and any agreed additional terms.

If you're taking the sublet, ask to see the relevant consent or part of the lease. It should relate to the apartment and the kind of use being offered. Permission to have an occasional guest may not cover renting the apartment to someone who pays to stay.

Some commercially managed apartments are offered by an owner; others by a company that leases and sublets them. Ask which applies. If it is a sublet, ask for confirmation of the landlord's consent, whether you deal with a company or an individual.

Check building rules separately

If the apartments in a building have separate owners (a condominium), ask for the building's shared rules as well as the landlord's permission. The Japan Tourism Agency's minpaku filing guidance lists landlord consent for tenants, and condominium rules for units in condominium buildings.

If the proposal is to operate a minpaku lodging business, that guidance says the consent needs to cover operating that business. Where the lease doesn't already say so, a separate consent document is required. It also addresses what to submit if the condominium rules are silent about that use.

Registering a minpaku is therefore not a way to avoid discussing the arrangement with the landlord. Permission for someone to rent the apartment as their home doesn't necessarily let you run a minpaku business hosting short-stay guests. Our licensing guide explains why the nature of the arrangement matters alongside the dates.

Put the everyday responsibilities into the agreement

Once the landlord has agreed, put the details of the sublet in writing. Name the people or companies signing it, the exact apartment, dates, rent, payment method, deposit and any mandatory charges. Clarify who handles utilities, internet, repairs and contact with the building manager.

List the furniture and equipment together, and photograph their condition. Agree what may be used, what is stored privately and where any owner belongings will remain. That is especially helpful when the apartment is someone's home rather than a home furnished specifically for rental.

Discuss what happens if the original tenant returns early, the incoming renter needs to leave, or a repair makes the apartment unusable. Avoid relying on “we'll sort it out” for a situation that could leave someone needing a hotel at short notice.

If the answer is unclear

Ask for the missing document or explanation and pause payment until you have it. If a landlord refuses permission, seek another arrangement rather than changing the label on the payment or calling the renter a guest.

For an existing dispute, keep the original lease, sublease, messages and payment records, and obtain advice on those documents.