When searching for a rental room, it is easy to focus only on conditions like layout, rent, and location. But are you carefully reading the "Special Clauses" (Tokuyaku) in the contract?

Special clauses are "property-specific rules" written at the end of the lease agreement or on a separate sheet. They often outline conditions different from standard legal principles. If you overlook these when signing, you may face unexpected fees upon moving out, which frequently leads to disputes.

In this article, we explain the key special clauses you must check before signing, along with common trouble examples and professional advice.

What exactly are "Special Clauses"?

Rental agreements have basic rules defined by civil law and the Act on Land and Building Leases. Special clauses are individual agreements that modify or add to these basic rules to suit specific property conditions.

For example, while the legal principle states that "repair costs for wear and tear from normal use are the landlord's responsibility," a special clause stating "the tenant shall bear the move-out cleaning fee" is legally valid under certain conditions. Signing a contract without understanding these clauses means you are agreeing to obligations you might not be aware of.

🔍 6 Critical Special Clauses to Check

1️⃣ Move-Out Cleaning Fees

Common Trouble

"I was charged 50,000 yen for cleaning when moving out, even though I cleaned the room thoroughly before leaving. Why do I have to pay?"

What to Check
  • Is it explicitly stated that the tenant is responsible for the move-out cleaning fee?
  • Is a specific amount (e.g., "fixed fee of XX yen") clearly written?
💡 Professional Advice

If no specific amount is stated, you risk being charged more than expected. Ask for the exact cost before signing and, if possible, have it written into the contract.

2️⃣ Scope of Restoration (Gensho Kaifuku)

Common Trouble

"I only made tiny pinholes in the wall to hang pictures, but I was charged for replacing the entire wallpaper on the wall."

What to Check
  • Are you being made responsible for normal wear and tear (natural deterioration from daily living)?
  • Does the contract mention "considering depreciation based on years of occupancy"?
💡 Professional Advice

According to guidelines by the Ministry of Land, Infrastructure, Transport and Tourism, wallpaper value decreases to 1 yen (1% residual value) after 6 years. Make sure the contract doesn't exclude this depreciation rule.

3️⃣ Early Termination Penalty

Common Trouble

"I rented an apartment with a free rent campaign. When I had to move out after 6 months due to a sudden transfer, I was charged a penalty equal to 2 months' rent."

What to Check
  • Is there a clause like "termination within X years requires a penalty of X months' rent"?
  • Is there an obligation to refund the free rent period if you leave early?
💡 Professional Advice

Properties advertised with "no key money" or "free rent" almost always have early termination penalties. Be cautious if you might relocate or change living arrangements soon.

4️⃣ Pet Ownership Conditions

Common Trouble

"I kept a cat in a pet-friendly apartment. Upon moving out, I was billed over 200,000 yen for restoration, completely separate from my initial deposit."

What to Check
  • Does keeping a pet require adding 1 to 2 months' rent to the deposit (which is often non-refundable)?
  • Are there extra items like "odor removal and disinfection fees"?
💡 Professional Advice

Scratch marks and pet odors are not considered normal wear and tear, and tenants are responsible for repairing them. Confirm if the extra deposit is non-refundable (shokyaku).

5️⃣ Renewal Fees and Admin Costs

Common Trouble

"When renewing my contract after 2 years, I was suddenly billed 20,000 yen for a 'renewal admin fee' in addition to the standard renewal fee."

What to Check
  • How much is the renewal fee (e.g., 1 month's new rent)?
  • Are there other recurring fees at renewal, such as "renewal admin fees," "fire insurance premiums," or "guarantor company renewal fees"?
💡 Professional Advice

Renewal fees vary by region (e.g., common in Tokyo, but rare in Osaka). If you plan to stay long-term, check the total costs required at renewal.

6️⃣ Termination Notice Period & Rent Calculation

Common Trouble

"I notified the management company of my departure 1 month in advance, but they said the contract requires 2 months' notice. I had to pay an extra month of rent for a room I wasn't even living in."

What to Check
  • What is the notice period (1 month or 2 months)?
  • Is the rent for the final month calculated pro-rata (daily) or charged in full (monthly)?
💡 Professional Advice

When moving, you often face double rent (paying for both old and new rooms at the same time). Make sure you understand the notice period and how the final rent is calculated to plan your move timeline.

📝 Contract Self-Checklist

Before signing your contract, check these items to avoid surprises later:

Check Item Key Verification Point Status
Cleaning Fee Is the exact fee or a clear calculation formula specified in the contract? [ ] Checked
Restoration Rules Does it clarify that wear and tear from normal use is not the tenant's responsibility? [ ] Checked
Early Termination Are there any penalty terms or conditions for refunding free rent periods? [ ] Checked
Pet Ownership Are there any extra deposit requirements or specific cleaning responsibilities? [ ] Checked
Renewal Fees Are renewal fees, insurance renewals, or other recurring costs explicitly listed? [ ] Checked
Notice & Final Rent Is the notice period clear, and is the final month's rent calculated daily? [ ] Checked

💡 Summary: If you suspect an unfair clause

While special clauses are generally valid, clauses that are extremely one-sided or violate good faith principles (such as "the tenant must bear all repair costs regardless of the cause") may be deemed invalid under Article 10 of the Consumer Contract Act.

However, disputing a clause after signing is very time-consuming and stressful. The best defense is to check the contract carefully before signing and ask the real estate company about any doubts.

Make sure to read through the contract and Important Matters Explanation (Juyo Jiko Setsumeisho) carefully to secure a safe and pleasant home search experience.