What Are the MLIT Guidelines?
Japan's Ministry of Land, Infrastructure, Transport and Tourism (MLIT) publishes official guidelines titled 'Guidelines on Troubles Related to Restoration to Original Condition.' First issued in 1998 and most recently revised in August 2024, these guidelines serve as the national framework for resolving move-out cost disputes. While not legally binding, courts routinely cite them as the standard when making rulings — making them the de facto industry benchmark.
Purpose and Background
The MLIT guidelines were first published in 1998 and most recently revised in 2024. They were created to resolve the frequent disputes between landlords and tenants over move-out costs. While not legally binding, they serve as the de facto standard used by courts, consumer centers, and legal professionals when adjudicating disputes. The guidelines clearly define 'restoration to original condition' as returning the property to account for normal wear and tear — NOT returning it to the exact state when you moved in.
Legal Weight of the Guidelines
The MLIT guidelines are not laws, but they carry significant weight. Courts regularly cite them in rulings, and the 2020 Civil Code reform (Article 621) codified many of their principles into law. Consumer centers (call 188) use them as their primary reference when mediating disputes. If your landlord's charges contradict these guidelines, you have strong grounds to dispute them.
Category A: Landlord's Responsibility
Category A covers damage caused by normal living and natural deterioration — the landlord bears these costs: ・Wallpaper discoloration from sunlight or natural aging ・Pin holes and small nail holes in walls ・Furniture indentation marks on carpet/flooring ・Wear patterns on flooring from normal foot traffic ・Mold from structural issues (poor ventilation design) ・Fading of tatami from sunlight ・Appliance wear marks (refrigerator, washing machine placement) These are considered 'normal wear and tear' already factored into your rent.
Category B: Tenant's Responsibility
Category B covers damage beyond normal wear caused by tenant negligence or misuse: ・Cigarette burns on flooring or tatami ・Pet scratches on walls, doors, or columns ・Large screw holes or anchor bolt holes in walls ・Stains from neglected spills or leaks ・Mold from tenant's failure to ventilate ・Kitchen grease/soot buildup from neglected cleaning ・Broken fixtures from misuse Even for Category B items, depreciation (6-year rule) still applies — you pay based on residual value, not replacement cost.
2024 Revision Updates
The 2024 revision of the MLIT guidelines added clarity on several modern issues: ・Remote work wear: Increased home use during COVID/remote work era is still considered normal living ・Smart home devices: Mounting holes for smart home devices follow the same rules as picture hooks ・Updated cleaning cost standards reflecting current market rates ・Strengthened language on the enforceability of special clauses in lease agreements
Key Takeaways & FAQ
The MLIT guidelines are your strongest tool when disputing unfair move-out charges. Remember: 1. Normal wear and tear = landlord's cost (already in your rent) 2. Even tenant-caused damage is subject to depreciation 3. Courts and consumer centers follow these guidelines 4. Special contract clauses can override them, but only if they meet strict requirements Q: Are the guidelines legally binding? A: Not directly, but the 2020 Civil Code reform incorporated their key principles. Courts consistently use them as the standard for 'reasonable' charges. Q: Can my landlord ignore the guidelines? A: They can try, but consumer centers and courts will side with the guidelines in most disputes. Document everything and don't be afraid to push back. Q: What if my lease has a special clause? A: Special clauses (特約) can override guidelines, but only if they meet the Supreme Court's 3-part test: the tenant was clearly informed, understood the implications, and the clause is not unconscionable.