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skirmish
Joined: 01 Dec 2004
Posts: 81
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 Posted: Mon Nov 07, 2005 5:11 am Post subject: Japanese Noise Law & Tenancy Contract |
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I was wondering if someone could point me in the right direction about information about Noise Control in Japan. Like, is there a certain time at night you have to be quiet by, what are the rules etc.
We had a party last night and our landlord came over and spat the dummy.
We have just signed a new one year contract to lease the house, and he was talking about signing a new contact with a noise clause or something. Can he do this? Do we have to sign or is our old contact binding?
Any websites or general info would be appreciated.
Thanks |
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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| Posted: Mon Nov 07, 2005 5:34 am Post subject: Re: Japanese Noise Law & Tenancy Contract |
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| skirmish wrote: |
I was wondering if someone could point me in the right direction about information about Noise Control in Japan. Like, is there a certain time at night you have to be quiet by, what are the rules etc.
We had a party last night and our landlord came over and spat the dummy.
We have just signed a new one year contract to lease the house, and he was talking about signing a new contact with a noise clause or something. Can he do this? Do we have to sign or is our old contact binding?
Any websites or general info would be appreciated.
Thanks |
I dont know anything about this but i did a quick check on noise level restrictions in Japanese and it simply refers to day time and night time noise levels.
http://www.env.go.jp/kijun/oto1-1.html
Nighti time levels in a built up urban area should be no more than 50 decibels. This is roughly the equivalent to the noise of a car with its engine running or people shouting. A stereo or a karaoke box or a passing train would be about 90-100 decibels. Playing your stereo loud at 10 o'clock at night would be disturbing the neighbors and enough to call the police.
He may simply say you can have no more parties. |
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Glenski
Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN
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| Posted: Mon Nov 07, 2005 6:52 am Post subject: |
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| We had a party last night and our landlord came over and spat the dummy. |
I'm guessing that you don't feel he was justified in this. Can you give us a few more details on this party and what the landlord said? |
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skirmish
Joined: 01 Dec 2004
Posts: 81
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| Posted: Mon Nov 07, 2005 12:14 pm Post subject: |
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Well, originally he said 11pm was the cut off, but he came over at 10. It was kinda noisy, so I understand his view.
Im more interested in this new contract issue. I would assume the contract we just signed is binding and we dont have to sign a new one? |
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JimDunlop2
Joined: 31 Jan 2003
Posts: 2286
Location: Japan
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| Posted: Mon Nov 07, 2005 12:57 pm Post subject: |
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Short answer: tenancy laws in Japan favour the tenant. Contracts aren't worth the paper they are written on... You do not have to renew/resign any new contract and there's nothing the landlord can do about it... He cannot evict you for it even, apparently. As long as you keep paying rent, you can stay in your place.
Eviction is a rare, seldom used and painful procedure. It usually takes a minimum of 6 months to evict someone. The landlord cannot throw you out on your ear overnight. Even if it's for good reason. |
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nomadder
Joined: 15 Feb 2003
Posts: 709
Location: Somewherebetweenhereandthere
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| Posted: Mon Nov 07, 2005 1:20 pm Post subject: |
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| Or they favor the Japanese |
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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| Posted: Mon Nov 07, 2005 1:24 pm Post subject: |
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| JimDunlop2 wrote: |
| Eviction is a rare, seldom used and painful procedure. It usually takes a minimum of 6 months to evict someone. The landlord cannot throw you out on your ear overnight. Even if it's for good reason. |
Eviction is rare but not impossible. You might want to qualify that by saying it depends on if you are in employer-leased accomodation where eviction requires 6 months notice
If you are renting privately through a landlord they have more power, though they have to give you notice. He can always up the rent or charge you a lease renewal fee and have you move out.
Question: I was fired over a dispute about working conditions. Although I have not agreed with being dismissed this way, my employer also told me to move out of the apartment provided by the company, as required by the contract. Do I have to leave the apartment now ? If so, I will have to find another place. What should I do ?
Answer: When an apartment is contracted by a company, the civil laws are applied differently depending on whether it is provided free or is leased.
Normally, the former cases is covered by the provisions in Article 593 of Civil Law, and the latter by Article 601 of the Civil Law. However, if the rent is extremely low, there will be some question as to whether the latter case applies.
If you have a rent-free apartment, you are required under the terms of worker-as-tenant to give up the apartment on the day specified in the contract (Article 597,Civil Law).
The employer has demanded that you move out of the apartment at the time of your dismissal. If you do not comply with that demand, your employer could possibly take to matter to court.
On the other hand, a lease contract with a company is governed by Article 28 of the Land and Building Act. According to the act, in order to end a lease relationship, an employer as a landlord is required to give notice to an employee, with a justifiable reason. When the lease has a specified period, the landlord should give advance notice of 6 months to one year and should clearly tell the employee that he/she does not intend to renew the lease contract.
Also, with a lease that has no specified duration, advance notice to vacate the property of at least 6 months is required. Therefore, even if it is stated in a contract that the employee shall move out immediately upon dismissal, such requirement is totally contrary to the Land and Building Act (Article 30, Land and Building Act, or Article 6, former Land and Building Act). The landlord can never make a tenant leave by force. In the case of a company house, the argument often turns on whether it is provided free or is leased. The court rules that each case should be carefully considered under its own merits. Since the situation that arise are not always typical, the right decision is not easily reached. Therefore, it is recommended that further discussion is needed between you and your employer and that your landlord should wait until you find another place to live. |
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skirmish
Joined: 01 Dec 2004
Posts: 81
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| Posted: Tue Nov 08, 2005 8:39 am Post subject: |
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We rent a house privately through a landlord, who unfortunately just lives around the corner!
Should be interesting to see what he does. We have had good relations with him until now, so will see what happens. |
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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| Posted: Tue Nov 08, 2005 8:50 am Post subject: |
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| skirmish wrote: |
We rent a house privately through a landlord, who unfortunately just lives around the corner!
Should be interesting to see what he does. We have had good relations with him until now, so will see what happens. |
one thing to keep in mind in these situations is that its likely the neighbors know who the landlord or owner is and if tenants cause problems, its not you they come and complain to but the landlord. Its him who cops it in the neck becuase you cant keep the noise down, and not only that it probably disturbed him too.
Best to have your parties at a restaurant or a karaoke box where you can make as much noise as you want. Japanese houses are not really designed for loud parties and music. |
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shuize
Joined: 04 Sep 2004
Posts: 1270
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| Posted: Tue Nov 08, 2005 2:01 pm Post subject: |
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| Next time, invite the landlord. Then you'll have nothing to worry about. |
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