ply to such standard lease. If a contract of a fixed-term lease stipulates provi- sions relating to amendment to the rent (including a provision not to increase the rent), Article 32 of the Act does not apply to such fixed-term lease. deposit of money (shiki-kin) with a lessor to secure obligations of the lessee under the lease contract. The amount of such security deposit is typically two to three months' rent for a residence, and six to twelve months' rent for an office, but may vary depending on the area, the class of the building and so on. The security deposit is only returnable after the lessee has evacuated the leased space, minus any costs (such as cleaning) incurred by the lessor for the recovery. There is no legal obligation for a lessor to keep the security deposit in safe custody; so a lessee may need to confirm with a lessor whether it will cause any guarantee of a third party or any insurance to be avail- able to secure the security deposit. pays certain amount of money (typi- cally in the same amount of the security deposit) to a lessor when they enter into the lease contract. This money is called a commission or "thank-you money (reikin)", which is non-refundable. In the downward trend in the leasing market, it appears that an increasing number of lessors would require little or no security deposit and/or commission. Usually, a licensed real estate broker acts as an intermediary between a lessor and a lessee. A lessee is required to pay a brokerage fee, which is regulated under the Building Lots and Buildings Trans- action Business Act (takuchi tatemono torihikigyo ho). Under such Act, the broker must deliver an "explanation sheet of important matters (juyo jiko set- sumeisho)" to a lessee, which describes detailed information on the building and the lease. |