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Landlord-Deposit-Dispute Path

You moved out, and the landlord kept your shikikin. The pattern is so common it has a national playbook: the 敷金 (shikikin, "security deposit") funds only genuine tenant-caused damage, the land ministry's restoration guideline defines what counts, and a three-step escalation recovers the rest.123

Confirm current details with official sources

Procedures, fees, and requirements can change. Confirm current details in the Ministry of Land, Infrastructure, Transport and Tourism restoration guideline and with your local consumer affairs center before acting. This article is general information, not legal advice; for your specific case, consult a licensed bengoshi.

Overview​

The 敷金 (shikikin) is security held against unpaid rent and tenant-caused damage, not a parting gift to the landlord. Where no such debts exist at handover, the deposit comes back in full; where damage exists, the landlord deducts the tenant's share and returns the remainder.3

Since the amended Civil Code took effect on 2020-04-01, both halves of that rule sit in statute: restoration covers only damage beyond aging and normal use, and the deposit balance must be returned.3 The guideline below fills in the numbers. Lease mechanics such as notice periods and inspection flow live in the pillar's rental guides; this article covers the dispute itself.4

The Pattern​

The realistic pattern runs the same way almost every time. You vacate, the landlord retains some or all of the deposit citing cleaning, damage, or wear, and the attached itemization ranges from line-by-line to a single round number.12

Vague itemization is itself a signal. Tenants may demand a written breakdown of restoration charges with an explanation of the basis, and landlords must disclose it.2 Ask in writing before arguing about amounts; the statement you receive shapes every later step.

The MLIT Standard in Brief​

The land ministry's restoration guideline sets the national burden standard. 原状回復 (genjō kaifuku, "restoration to original condition") means fixing only damage from intent, negligence, breach of the duty of due care (善管注意義務, zenkan chūi gimu), or beyond-normal use. Aging and 通常損耗 (tsūjō sonmō, "normal wear and tear") are covered by the rent you already paid.13

Three refinements decide most cases. First, even tenant-attributable shares depreciate with elapsed years: the longer since installation, the smaller your share.1 Second, recovery is limited to the minimum work unit around the damage, one stained carpet panel rather than the whole room, with a one-wall allowance for wallpaper tone matching.1

Third, the guideline is a general standard without direct legal force, yet courts and consultation counters decide cases against it in practice. Cite its categories line by line in negotiation rather than arguing fairness in the abstract.1

Depreciation is the tenant's quiet discount

Wallpaper and carpet shares fall with age toward zero, so a six-year-old carpet carries little tenant share even where you caused the stain. Ask which installation year and depreciation curve each deducted line assumes.15

Your Evidence Set​

Disputes turn on timing: was the damage there at move-in or did it arise during your stay. Both parties should attend the move-in and move-out inspections with a checklist and photographs, since unclear timing is a leading cause of fights.25

Assemble four items before negotiating. Dated move-in and move-out photos of every room. The original lease with its 特約 (tokuyaku, "special clauses"), especially any fixed-amount cleaning-fee clause. The signed condition checklist from both inspections. Receipts for any cleaning or repairs you commissioned yourself.25

Photograph the empty room, not the furnished one

Furniture hides wall scuffs, floor marks, and outlet burns that surface at inspection. Shoot every surface after the movers leave, with timestamps on, and keep the files until the deposit lands.25

The Escalation Path​

Work the steps in order and keep everything written. Step one is a written request for the itemized deduction statement, followed by negotiation of each line against the guideline standard.2

Step two takes the file to the consumer hotline (188), where an advisor mediates with the landlord or management company. Advisor mediation resolves a substantial fraction of cases, though no published success rate exists, so treat that as pattern rather than promise.6

Step three is a small-claims filing at the summary court for the disputed remainder (as of 2026-09). Deposit-return claims are expressly eligible for the track, and residents win frequently where deductions fail the guideline standard.7 Filing mechanics, fees, and language preparation are covered in the small-claims companion.

Good to know​

Fixed-amount cleaning-fee tokuyaku is not automatically valid​

Some leases impose a fixed cleaning fee by special clause regardless of actual condition. Courts have invalidated such clauses in cases where explanation or reasonableness failed, so a printed fee is a starting position for argument, not a settled debt.2

Sign nothing at the move-out inspection under pressure​

Signed confirmations generally fix the agreed scope of damage, so questioning a doubtful line on the spot matters. Damage outside your responsibility stays non-billable even after a signature, but avoiding the fight beats winning it later.2

Normal wear stays the landlord's bill even after years​

Aging and ordinary-use wear are rent-covered by definition. Long tenancies do not convert them into tenant charges, and depreciation only shrinks the tenant share further with time.13

See also​

References​

Footnotes​

  1. 国土交通省 (via 中国地方整備局). 「原状回復をめぐるトラブルとガイドラインの概要」 (PDF; restoration definition; A/B burden split; depreciation; minimum work unit; guideline history H10.3, revised H16.2). https://www.cgr.mlit.go.jp/chiki/kensei/kensetu/pdf/04_3gaiyou.pdf ↩ ↩2 ↩3 ↩4 ↩5 ↩6 ↩7 ↩8

  2. 国土交通省. 「原状回復をめぐるトラブルとガイドライン（再改訂版）のQ&A」 (photos at move-in/out; tokuyaku validity limits; cleaning-fee case law; itemized-statement right; inspection-signature caution). https://www.mlit.go.jp/jutakukentiku/house/jutakukentiku_house_tk3_000024.html ↩ ↩2 ↩3 ↩4 ↩5 ↩6 ↩7 ↩8 ↩9

  3. e-Gov法令検索. 「民法」 (Act No. 89 of 1896; restoration Article 621, deposit return Article 622-2; amended-rules effective 2020-04-01). https://laws.e-gov.go.jp/law/129AC0000000089 ↩ ↩2 ↩3 ↩4 ↩5

  4. 国土交通省. 「民間賃貸住宅」 (confirm contract terms and restoration scope before signing). https://www.mlit.go.jp/jutakukentiku/house/jutakukentiku_house_tk3_000020.html ↩

  5. 国土交通省＋日本賃貸住宅管理協会. 「賃貸住宅を退去する時の原状回復のポイント」 (R5.3 pamphlet; burden examples table; tokuyaku check; condition-checklist advice). https://www.mlit.go.jp/jutakukentiku/house/content/001595124.pdf ↩ ↩2 ↩3 ↩4

  6. 九州経済産業局. 「8日間を過ぎてもクーリング・オフできる可能性があります！」 (2025-05-14; 188 routes to nearest center). https://www.kyushu.meti.go.jp/seisaku/shohisya/oshirase/250514_1.html ↩

  7. 裁判所. 「簡易裁判所の民事事件Q&A」 (deposit-return claims eligible for small claims; 60万円 ceiling). https://www.courts.go.jp/saiban/qa/qa_kansai/index.html ↩