Japan Real Estate Required Disclosures and Explanations

Unlike many jurisdictions where "Buyer/Renter Beware" carries weight, Japan enforces strict consumer protection via upfront information disclosure during real estate transactions. These laws apply primarily to licensed real estate brokers who handle almost all rental mediations in Japan.

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Always consult a licensed attorney in Japan for advice specific to your situation. Information last verified: March 2026.

The Important Matters Explanation (Article 35 Document)

Under the Real Estate Brokerage Act, a licensed real estate broker mediating a lease must prepare a comprehensive written document detailing the property's legal and physical status—known as the Article 35 Document (Juyo Jiko Setsumeisho).

Before the lease is signed, a national-registered Real Estate Notary (Takken-shi) must present their photo ID license and orally explain this document to the prospective tenant. Failure to properly execute this explanation can result in severe administrative penalties for the brokerage and grounds for the tenant to nullify the lease. (Note: Online IT-based explanations via video call are now legally permitted).

Key Statutory Disclosures Required

The broker must disclose and explain the following items to the tenant:

Stigmatized Properties (Accident Properties / Jiko Bukken)

Historically, Japan had vague rules about disclosing "psychological defects" (Shinriteki Kashi)—specifically, if someone had died in the apartment. To eliminate transaction uncertainty, the Ministry of Land, Infrastructure, Transport and Tourism (MLIT) released standardized Guidelines on Disclosing Human Deaths in late 2021.

When Disclosure is Legally REQUIRED:

• Deaths due to homicide, suicide, fire, or other unnatural causes.
• "Lonely Deaths" (Kodokushi) or natural deaths that went completely undiscovered for a long period, requiring specialized deep cleaning and deodorizing due to bodily decomposition.
• Time Limit: In residential leases, the broker/landlord is legally obligated to immediately disclose these incidents to new prospective tenants for approximately 3 years following the incident (or following the special cleaning).

When Disclosure is Generally NOT REQUIRED:

• Natural deaths resulting from old age, illness, or normal daily life accidents (e.g., slipping in the bathtub or falling down stairs), provided they were discovered quickly and did not require severe special cleaning.
• For incidents that happened over 3 years ago (though if a tenant explicitly asks, the landlord/broker should still answer truthfully in good faith).

Local Government Ordinances (e.g., Tokyo Rules)

Beyond national law, certain local municipalities mandate additional pre-contract disclosures.

The most prominent is the Tokyo Metropolitan Government’s "Rental Housing Dispute Prevention Ordinance" (Tokyo Rules). For residential leases located within Tokyo, the broker must provide a separate, mandatory written explanation detailing the strict legal separation of "who pays for what" during move-out restoration. The tenant must be explicitly taught that the landlord bears the cost for ordinary wear and tear, and both parties must sign this document acknowledging they understand the baseline rules prior to moving in.

Landager supports brokers and landlords by integrating localized disclosure requirements (like the Tokyo Rules forms) and mandatory hazard map verifications into secure, electronic-signature-ready intake flows, ensuring zero compliance gaps during the critical leasing phase.

Back to Japan Landlord-Tenant Laws Overview.