近傍類似の建物

Michaelkun

Senior Member
Spanish
Hi!
I'm translating a lease agreement

第3条 - 2.3: https://www.smhome.co.jp/sodanannai/soodan/tekishakuya-ippan.pdf

and I have a doubt in the next sentence:

Context: Landlord and Tenant can modify the rent by mutual agreement if

近傍類似の建物の賃料の変動が生じ、賃料が不相当となった場合

► In what way does the fact that the rent of someone who lives in a building close to yours changes affect your rent?

That person has an agreement with his/her landlord and you have your own agreement with your landlord. Moreover, we are not speaking of neighbors who live door-to-door, but of people who live in different buildings, so I am a bit confused.

If you could help me to understand this better, I'd appreciate it a lot.
 
  • SoLaTiDoberman

    Senior Member
    Japanese
    You should think that this contract may last forever, for example 20 or 30 years or more.
    Suppose you rent a 4DK house at the monthly fee of 70,000 yen. The same type of 4DK houses in your neighborhood adopt the same kind of rental fee from 60,000 yen to 80,000 yen.

    However, Japan experiences unprecedented inflation and the price of many things rise up twice or three times in 10 years.
    Your neighborhood's houses' rental fee rise up from 120,000 to 200,000 yen a month.
    In that case, your landlord decides to make a change of your rental fee to 150,000 yen, if you agree.
    Your landlord will not regarded as unreasonable and rip-off because 70,000 yen a month seems too cheap in that situation.
    Therefore your landlord will be able to change your rental fee to 150,000 yen if you agree, because it is clearly written in this contract.

    To the contrary, your rental fee may drop to 50,000 yen due to the severe deflation caused by Covid-19 or something.
    It depends on the circumstance's situation, right?

    If my explanation still doesn't make sense to you, I think it's a matter of cultural difference.
    You should just think that it's a Japanese culture trying to keep conformity, which seems fair to Japanese people.
    Does it make sense?
     
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    Michaelkun

    Senior Member
    Spanish
    @SoLaTiDoberman Thank you so much for explaining me! Your answer has helped me to understand better the culture differences that I can see in this case.

    Considering a society that seeks uniformity and that evaluates each situation, what you say makes perfect sense.

    In my country, as the majority of people seek their own benefit above all else, I am sure that the Tenant would not accept a rent increase from 70,000 to 150,000, nor the Landlord would accept a reduction from 70,000 to 50,000 regardless of the circumstances, so there would rarely be an agreement mutual. 😅
     

    SoLaTiDoberman

    Senior Member
    Japanese
    Yes, you're right.
    It would be very difficult to make a deal for that kind of change in Japan as well.
    At least, however, starting the negotiation itself can be allowed and warranted by that contract.

    For a more practical example, suppose your rental fee was 108,000 yen including the consumption tax of 8 %.
    When the consumption tax rises up to 10 %, almost all of Japanese rental fee will rise up to include the 10 % consumption tax. Therefore, you will have to pay 110,000 yen.
    In this situation, almost all Japanese people follow that fee change, although I don't know you're still reluctant for it or not.

    Anyway the contract covers to mention this kind of things, you know?
     
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    Michaelkun

    Senior Member
    Spanish
    @SoLaTiDoberman Yes, in your last example I see quite logical accepting that fee change.

    Thank you so much for giving me all the previous examples. They have been really helpful and now I completely understand the idea of that contract clause. :)
     
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