For beginners in rental management, it may be hard to imagine running away at night. However, if you manage many properties for a long time, it is not uncommon for tenants to run away at night. This time, we will explain in detail what to do if a tenant runs away at night and what to do in advance.

Don't miss the signs of running away at night

Because rental owners entrust daily rental management to management companies, there are many cases where they only become aware of a night-escape when they are contacted by the management company. However, once a tenant runs away at night, it takes nearly half a year to bring in a new tenant, so it is important to notice the runaway as soon as possible and take prompt action.
Common signs of night escape include:

・Unable to contact tenant due to rent arrears
・The electricity meter has not been running for a long time.
・Postboxes are full and stuffed with advertisements, etc.
・There is no evidence that the residence was entered.

Possible ways to check whether someone has entered your residence include placing a letter on the door or placing tape on the door and door frame.

What to do and things to be careful about when you run away at night

Even if you realize that your property has actually been evacuated at night, you cannot immediately cancel the rental contract or remove the property left behind. This is because you cannot unilaterally break a contract, and you cannot arbitrarily dispose of someone else's property.
If you notice someone running away at night, be sure to quickly and reliably follow the steps below. If you understand the current situation and respond calmly and follow legal procedures, you will definitely be able to resolve the issue.

Contact your joint guarantor and emergency contact information

When a tenant runs away at night, it is often impossible to contact the tenant themselves. First, we will contact the joint guarantor, emergency contact information, and workplace that were disclosed at the time of contract to confirm the tenant's whereabouts and safety. If you are in arrears with your rent, you should calculate the total amount of the arrears and the approximate cost of handling the remaining property, contact your guarantor, and let them know that you may be responsible for the costs.

To confirm whether the person has actually escaped at night, go inside the residence and check, but if the person enters silently, the possibility of trespassing cannot be ruled out. There is also a possibility that an incident or accident may have occurred within the residence. Assuming the worst-case scenario, you should contact the police and check inside the residence with the police officer present.
When a tenant escapes at night, there may be some damage to the inside of the unit. When inspecting your home, it is a good idea to check the extent of the damage and estimate how much it will cost to repair.

Check the contract and take court proceedings

If you continue to be unable to contact the tenant, we will take steps to cancel the rental agreement.
Check the contract to see what provisions are in place regarding cancellation and disposal of leftover property, and then file a lawsuit in court to have the lease canceled and the building vacated.
However, even if you try to file a complaint, in many cases the whereabouts of the tenant cannot be determined. In such cases, a trial will be initiated through the procedure of "service by public notice."
A civil lawsuit begins when the court serves a complaint on the defendant, but service by publication means that the necessary matters are announced in a designated area of the court, which has the same effect as serving a complaint on the defendant. Thing. The required period is two weeks from the announcement.
Generally, it takes 3 to 4 months from the start of the trial until the cancellation is granted, so it is necessary to take into account the cost of vacating the property during that time.

File a petition for compulsory execution regarding leftover property

Even if the cancellation is approved, you will not be able to arbitrarily dispose of the remaining property that belongs to someone else. Specifically, once the cancellation of the lease contract and the vacating of the building have been approved in court, we will file a motion for compulsory execution proceedings.
Compulsory execution is carried out through the process of filing a complaint, issuing a demand to surrender the property, and if the demand is not met, carrying out the process (actually removing, storing, and disposing of the remaining property). It takes approximately 2 to 3 months from the time a complaint is filed until the waste is actually disposed of and sold.
The actual enforcement will be carried out by a court enforcement officer, so the rental owner will monitor the execution procedure while consulting with the enforcement officer.

Amount of money for building surrender lawsuit/remaining property disposal

The costs incurred from the time the building is vacated to the disposal of the remaining property can be broadly divided into litigation costs and the cost of removing the remaining property.
Regarding litigation costs, this is an example of when you hire a lawyer, but it is a good idea to expect approximately 300,000 yen to 500,000 yen.
The cost of removing leftover objects varies considerably depending on the amount of leftover objects. When outsourcing to an industrial waste disposal company, the unit price is generally set per cubic meter (1 rube), which ranges from 10,000 yen to 15,000 yen per rube. A single apartment room costs around 100,000 yen, but a whole house costs around 300,000 to 400,000 yen.

What you can do to prevent yourself from running away at night

If you are actually robbed at night, you will have to resort to legal procedures. Unilaterally canceling the lease contract and removing the remaining property is prohibited by law as ``self-help''.
There are three things you can do to prepare for a night escape: select tenants, prepare in advance to ensure smooth legal procedures, and think about how to raise the cost of dealing with the situation.

Strict tenant screening

Depending on the characteristics of the property and the area, you may want to ask the management company to conduct a strict tenant screening. In addition to interviewing you about your annual income, current living arrangement, reason for moving, family structure, place of employment, etc., you will also be required to submit documents such as your identification card and seal certificate.
Depending on the characteristics of the property, you may have to set the occupancy conditions a little more leniently. In that case, you will need to consider setting the rent while assuming there may be troubles such as tenants running away in the middle of the night.

Include specific measures in the contract language

One way to ensure smooth legal procedures in the event of a night runaway is to specifically stipulate in the contract terms how to dispose of leftover items.
However, even if a contract includes a clause to avoid court proceedings, the wording must be carefully considered, as it may be deemed invalid as self-help.
Often, there is a provision in advance to waive ownership of the property left behind after the building is vacated, but this provision applies only when the building is voluntarily vacated. It is said that it cannot be applied easily.
It is a good idea to consult with experts such as lawyers and judicial scriveners to create a template contract while considering past cases and examples of contract wording.

Utilizing rent guarantee companies and fire insurance

Many cases of night escapes involve non-payment of rent and damage or defacement of the housing unit, so be sure to take advantage of guarantee services from a rent guarantee company or special contracts for fire insurance.
Some rent guarantee services include compensation for not only unpaid rent but also the cost of repairing damage to the dwelling unit. Additionally, fire insurance may cover the cost of repairing your home.
We recommend that you check the contract details in advance, and if you feel that the coverage is weak, consult your insurance representative about additional coverage.

Get expert advice and stay calm

Night runoffs occur suddenly, so it is difficult to prevent them in advance. By establishing a response procedure in advance, you will be able to react calmly even if you encounter a runaway at night.
In addition, since you will inevitably rely on legal procedures as a concrete way to deal with the situation, it is recommended that you consult a specialist such as a lawyer or judicial scrivener regarding contract wording and precautions. There are limits to what you can do if you are robbed at night, so it is important to prepare in advance so you don't have to worry about the procedures and costs.