Japan's Ministry of Land, Infrastructure, Transport and Tourism and Ministry of Justice draw up model contract clauses for terminating the lease and handling "left-behind belongings" (残置物) after a tenant's death — an optional form intended for use when a single elderly person moves in (published June 7, 2021)
Source material is a Japanese government announcement (in Japanese); this page is a summary.
When a tenant dies, the leasehold right and the ownership of household goods left in the dwelling (left-behind belongings) are succeeded to by the heirs, so if the existence or the whereabouts of the heirs is unknown, terminating the contract and handling the left-behind belongings become difficult. On June 7, 2021 the Ministry of Land, Infrastructure, Transport and Tourism and the Ministry of Justice drew up the "model contract clauses on the handling of left-behind belongings and related matters" so that this can be resolved through a post-death affairs mandate contract. They envisage use at the time a lease contract is concluded with a single elderly person (aged 60 or over), and are structured so as to (1) grant the mandatary the authority of representation to terminate the lease contract after the death and (2) entrust the mandatary with the affairs of disposing of the left-behind belongings or sending them to a designated destination. The Ministry of Land, Infrastructure, Transport and Tourism states, however, that the use of this form is not something that is required by laws and regulations.
Key facts
| Date and body of publication | June 7, 2021; the Civil Affairs Bureau of the Ministry of Justice (examined and drawn up jointly with the Ministry of Land, Infrastructure, Transport and Tourism) |
|---|---|
| ★Legal character | The Ministry of Land, Infrastructure, Transport and Tourism states 「モデル契約条項は、その使用が法令で義務づけられているものではありませんが、モデル契約条項を利用することにより、合理的な死後事務委任契約等が締結され、ひいては、単身の高齢者の居住の安定確保が図られることを期待し、広く普及に努めています」. In other words, this is not a form whose use is mandated by laws and regulations; the position stated by the ministry is that it hopes that, through their use, reasonable post-death affairs mandate contracts and the like will be concluded and that stable housing for single elderly people will thereby be secured |
| Background to the problem | According to the announcement of the Ministry of Justice, after a tenant's death the leasehold right and the ownership of household goods left in the dwelling (left-behind belongings) are succeeded to (inherited) by that tenant's heirs, so where the existence or the whereabouts of the heirs is unknown, terminating the lease contract or handling the left-behind belongings can become difficult. In particular, a problem arises in which lessors hesitate to rent buildings to single elderly people |
| Situation envisaged for use | When a single elderly person (a person aged 60 or over) moves in (at the time the lease contract is concluded) |
| (1) Termination of the lease contract | The mandatary is granted the authority of representation to terminate the lease contract after the tenant's death |
| (2) Handling of the left-behind belongings | The mandatary is entrusted with the affairs of disposing of the left-behind belongings, or of sending them to a designated destination, after the tenant's death. The mandatary disposes of items other than the 「廃棄しない残置物」 (left-behind belongings that are not to be disposed of) after a certain period has passed since the tenant's death and the lease contract has also ended. With respect to left-behind belongings that can be converted into money (換価), however, efforts need to be made to convert them |
| Contract forms provided | The Ministry of Land, Infrastructure, Transport and Tourism explains that the model contract clauses treat the mandate contract for termination of the lease contract and the one for the handling of left-behind belongings as separate contracts and attach detailed commentary to each article, and it provides 4 types of contract form in a shape that can be used as they are ([1] a single contract form under which both mandate contracts are concluded with the same mandatary; [2] a form for a mandate contract on termination-related affairs; [3] a form for an entrustment contract on affairs relating to left-behind belongings; [4] an example of the wording used when including them in a lease contract as a special clause) |
| Guidebook on use | The Ministry of Land, Infrastructure, Transport and Tourism provides the 「残置物の処理等に関するモデル契約条項の活用ガイドブック」, which explains step by step everything from the conclusion of the contract to dealing with the left-behind belongings, and a version of October 2025 (2nd edition) has been prepared |
| Connection with the housing safety net system | According to the Ministry of Land, Infrastructure, Transport and Tourism, in order to make the handling of left-behind belongings smooth when a resident dies, the amended Housing Safety Net Act that took effect on October 1, 2025 added "handling of left-behind belongings based on entrustment by the resident" to the duties of residential support corporations, and in carrying that out, use of these model contract clauses is taken as the basis |
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The Civil Affairs Bureau of Japan's Ministry of Justice (法務省民事局) announced on June 7, 2021 that, together with the Ministry of Land, Infrastructure, Transport and Tourism (国土交通省), it had drawn up the 「残置物の処理等に関するモデル契約条項」 (model contract clauses on the handling of left-behind belongings and related matters; a template form). The background is that, when a tenant dies, the leasehold right and the ownership of household goods left in the dwelling (hereinafter "left-behind belongings") are succeeded to (inherited) by that tenant's heirs, so that where the existence or the whereabouts of the heirs is unknown, terminating the lease contract or handling the left-behind belongings can become difficult, and in particular a problem arises in which lessors hesitate to rent buildings to single elderly people. According to the commentary of the Ministry of Land, Infrastructure, Transport and Tourism, this sense of unease sometimes leads lessors to refuse applications from elderly people to move in. According to the announcement of the Ministry of Justice, from the standpoint of dispelling this unease and securing stable housing for single elderly people, the Ministry of Land, Infrastructure, Transport and Tourism and the Ministry of Justice examined a method of concluding a post-death affairs mandate contract and drew up these model contract clauses. The situation envisaged for their use is when a single elderly person (a person aged 60 or over) moves in (that is, at the time the lease contract is concluded), and the content covers two matters: (1) termination of the lease contract and (2) handling of the left-behind belongings. The Ministry of Land, Infrastructure, Transport and Tourism states of these model contract clauses that their use is not something that is required by laws and regulations. In other words, this is not a form whose use is mandated by laws and regulations; the position is that the ministry is working to disseminate it widely in the hope that, by using the model contract clauses, reasonable post-death affairs mandate contracts and the like will be concluded.
Summaries below are factual notes based on government announcements and primary sources — not evaluations or opinions.
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FAQ
Do we have to use these model contract clauses?
No. The Ministry of Land, Infrastructure, Transport and Tourism states of the model contract clauses that their use is not something that is mandated by laws and regulations. The position is that the ministry is working to disseminate them widely in the hope that, by using the model contract clauses, reasonable post-death affairs mandate contracts and the like will be concluded and that stable housing for single elderly people will thereby be secured.
Who were they created for?
According to the announcement of the Ministry of Justice, the situation envisaged for their use is when a single elderly person (a person aged 60 or over) moves in, that is, at the time the lease contract is concluded.
Can the mandatary throw away the items that are left right away?
According to the announcement of the Ministry of Justice, the mandatary disposes of items other than "left-behind belongings that are not to be disposed of" after a certain period has passed since the tenant's death and the lease contract has also ended. With respect to left-behind belongings that can be converted into money, however, efforts need to be made to convert them.