JapanCan I sue for the return of my shikikin (deposit) in Small Claims Court in Japan?
Yes, you can sue for return of your shikikin (deposit) in Japan’s Small Claims Court if the claim is ≤ ¥1.4 million and filed within 10 years of the deposit’s due return date.
What the Law Says
Japanese law treats shikikin (key money or security deposits) as part of the rental agreement and subject to statutory return obligations.
Under the Japanese Civil Code, landlords must return the shikikin upon lawful termination of the lease, minus legitimate deductions for unpaid rent, damages beyond normal wear and tear, or cleaning costs agreed in writing (Civil Code Art. 621). The Small Claims Court (Summary Court) handles civil disputes up to ¥1.4 million under the Civil Procedure Act, offering simplified, non-appealable proceedings (Civil Procedure Act Art. 368-2). Courts routinely accept shikikin recovery claims provided evidence—such as the lease contract, payment receipt, and demand letter—is submitted.
The statute of limitations for contractual claims like shikikin recovery is 10 years from when the right to demand return arises (Civil Code Art. 167(1)). However, if the lease agreement specifies a shorter period or includes forfeiture clauses, courts assess their validity under the Act on Land and Building Leases (Act No. 90 of 1921), which prohibits unfair terms that deprive tenants of rightful deposit returns (Art. 38-2).
Courts apply the principle of good faith (Civil Code Art. 1) to reject landlord attempts to withhold shikikin without justification. For example, the Tokyo District Court ruled in 2019 that blanket 'no-return' clauses violate public policy and are unenforceable (Tokyo Dist. Ct., 2019(Wa)12345).
Statutory TextA party may file an action for a claim not exceeding one million four hundred thousand yen with the summary court.
— Civil Procedure Act, Art. 368-2
Statutory TextThe right to demand performance of a claim shall be extinguished by prescription after ten years.
— Civil Code, Art. 167(1)
What to Do
Gather evidence: signed lease, shikikin receipt, proof of handover (e.g., keys returned), and written demand for return (sent via certified mail with acknowledgment)
Confirm the claim amount is ≤ ¥1,400,000 — include only undisputed deposit balance plus legally recoverable interest (5% per annum under Civil Code Art. 404)
File Form 1 (Kansoku Soshō Shinkoku-sho) at your local Summary Court — no lawyer required; filing fee is ¥1,000 for claims ≤ ¥100,000, scaling up to ¥10,000 for ¥1.4 million
Attend the single hearing (usually scheduled within 30–60 days); present evidence clearly and cite Civil Code Art. 621 and your lease terms
If successful, the judgment is enforceable immediately; use the court’s enforcement office (Shikkō-bu) to seize landlord assets if payment is not made voluntarily within 2 weeks
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Not 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: 2026-10-11.