JapanWhat happens to the lease if tenant dies?
When a tenant dies in Japan, the lease does not automatically terminate; it generally continues with the tenant’s legal heirs unless the lease agreement states otherwise or the heirs formally renounce inheritance.
What the Law Says
Japanese law treats tenancy rights as inheritable property. The Civil Code governs how leases continue after a tenant’s death, and no special statutory termination rule applies solely due to death.
Under Japanese law, a leasehold interest is considered part of the deceased tenant’s estate. Therefore, it passes to the tenant’s legal heirs upon death — unless those heirs formally renounce inheritance under Civil Code Article 939.
The landlord cannot unilaterally terminate the lease just because the tenant died. The lease continues on the same terms, and heirs become jointly liable for rent and obligations from the date of death (Civil Code Article 618).
If heirs wish to end the lease, they must give notice to the landlord. For ordinary periodic leases (e.g., standard 2-year contracts), either party may terminate with at least three months’ notice (Act on Land and Building Leases, Article 38).
Statutory TextThe lessee's rights and obligations under a lease of land or a building shall be succeeded by the heir.
— Civil Code, Article 618 — Succession of Lease Rights
Statutory TextA periodic lease of land or a building may be terminated by either party giving notice to the other party at least three months prior to the intended termination date.
— Act on Land and Building Leases, Article 38 — Termination of Periodic Lease
What to Do
Confirm whether heirs have accepted or renounced inheritance (within 3 months of death per Civil Code Article 939).
If inheritance is accepted, heirs must notify the landlord in writing of their succession to the lease.
If heirs wish to vacate, serve written termination notice at least 3 months before intended move-out date.
Settle outstanding rent and damages before returning the property.
Review the original lease agreement — some contracts include clauses specifying automatic termination upon tenant death (though such clauses are enforceable only if clearly agreed and not contrary to public order).
Sources
Same Question, Other Jurisdictions
GermanyNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.