Deposit Refund Basics
Your security deposit (敷金, shikikin) is your money held in trust by the landlord. Under Japan's Civil Code, revised in 2020, landlords must return your deposit minus only legitimate deductions for damage beyond normal wear and tear. Many tenants lose money simply because they don't know their rights. Understanding the law can mean the difference between getting ¥0 back and getting most of your deposit returned.
Civil Code Article 622-2 (2020 Reform)
The 2020 Civil Code reform finally codified deposit refund rules that were previously only in guidelines: ・The landlord MUST return the deposit minus legitimate charges when the lease ends ・'Normal wear and tear' and 'natural deterioration' CANNOT be deducted ・Only damage caused by the tenant's negligence or misuse can be deducted ・The burden of proof is on the LANDLORD to justify each deduction This is a significant protection — your landlord must prove why each charge is justified, not the other way around.
What CAN Be Deducted from Your Deposit
Legitimate deductions (tenant-caused damage beyond normal use): ・Cigarette burns on flooring or counters ・Pet damage to walls, doors, columns ・Large holes in walls (anchor bolts, etc.) ・Stains from neglected water leaks ・Mold caused by tenant's failure to ventilate ・Unreturned keys (replacement + cylinder change) ・Damage from unauthorized modifications Note: Even these items are subject to depreciation — you pay residual value, not replacement cost.
What CANNOT Be Deducted
Normal wear and tear (landlord's cost, already in your rent): ・Wallpaper discoloration from sunlight ・Small pin holes or nail holes ・Furniture marks on carpet/flooring ・Natural fading of tatami ・Appliance placement marks ・General aging of fixtures ・Screen door/window deterioration If your landlord is deducting for any of these, push back — they are explicitly listed as landlord responsibility in the MLIT guidelines.
When Should Your Deposit Be Returned?
While no specific deadline is set by law, the general standard is: ・Within 1-2 months after move-out is typical ・The landlord should provide an itemized statement of deductions ・If you haven't received anything after 2 months, send a written request ・After 3+ months with no response, contact a consumer center or send certified mail Do NOT sign any move-out settlement (退去精算書) on the spot without reviewing it carefully. You have the right to take it home and review.
How to Dispute Unfair Deductions
Step-by-step process: 1. Request an itemized breakdown of all deductions 2. Compare each item against MLIT guidelines (Category A = landlord, B = tenant) 3. Check if depreciation was properly applied to tenant-responsible items 4. Send a written objection citing specific guidelines and legal provisions 5. If no resolution, contact consumer center (call 188) 6. For larger amounts, send certified mail (内容証明郵便) 7. As a last resort, file in small claims court (少額訴訟, up to ¥600,000) Keep all documents: lease, move-in/move-out photos, correspondence, receipts.
Frequently Asked Questions
Q: My landlord says no deposit will be returned. Is that legal? A: Not if you left the apartment in reasonable condition. Under Civil Code 622-2, the landlord must return the deposit minus only legitimate, documented charges for tenant-caused damage. Q: I didn't take move-in photos. Am I out of luck? A: Not necessarily. The burden of proof is on the landlord to show damage was caused by you. Without evidence of the apartment's condition at move-in, it's harder for them to prove claims. Q: Can the landlord charge for 'key exchange' from my deposit? A: Only if you actually lost a key. Routine key exchange between tenants is a landlord cost per MLIT guidelines.