よくある生活質問集・Frequently asked questions

Q: I am staying in Japan. What should I do if I have lost my passport?

A: If you have lost your passport, you should undertake the following procedures:

1. File a report on lost property with the nearest police office and obtain a certificate of theft or loss of the passport.
2. By submitting this certificate and other documents to your country’s government agency in Japan, you will be able to have your passport (provisional passport/travel affidavit) re-issued.

• Police Offices in Osaka
• Embassies and Consulate Generals in Japan

Q: What is “Residence Status”? What are the possible types?

A: The kinds of activities permitted and categories of legal status for foreigners in Japan are determined by the Immigration Law. There are diffferent types of resident status. Please refer to Immigration Services Agency of Japan websitefor more information.

Q: I am on a “temporary visitor’s visa”. Can I extend the period of my status so that I can stay here a little longer?

A: Unless there are special circumstances, the Period of Stay of Temporary Visitor visas may not be extended. For more information, please refer to the Immigration Services Agency of Japan website.

Q: I would like to work in Japan as a language instructor. What are the necessary procedures?

A: Status of residence depends on the type of work in which you are involved.

1. Professor:
   Research, research guidance, or education activities as professor, assistant professor, or assistant, etc. at universities, equivalent educational institutions, or technical colleges.
2. Instructor:
   Language instruction and other education activities at elementary schools, junior high schools, senior high schools, schools for the blind, handicapped children’s schools, miscellaneous schools (kakushu gakko and senshu gakko), or other educational institutions equivalent to kakushu gakko in facilities and curriculum. A person whose contract goes through an agency are also covered by this status of residence.
3. Engineer/Specialist in Humanities/International Services:
   When engaged in language teaching at a privately owned language school, or in internal language training at companies.

For the necessary procedures in each case, please refer to Immigration Services Agency of Japan website.

Q: Can a foreign student stay after graduation to look for a job?

A: If a foreign student has not found a job by the time they graduate, they may continue their job hunt by changing their status of residence to “Designated Activities.” Such a student may stay up to one year with this status as long as their alma mater is helping them in their job search.
For details, please refer to Immigration Services Agency of Japan website.

Q: Which educational institutions sponsor “Student” resident status?

A: An applicant who is enrolled in the below schools may apply for “student” resident status: a university, technical college, senior high school (including latter part of secondary schools), junior high school (including former part of secondary school) in Japan as well as advanced course of school for special needs education, elementary school, and elementary course of school for special needs education, vocational school, miscellaneous school and any other educational institution which is equivalent to a miscellaneous educational institution in its facilities and curriculum.

Q: I am planning to marry a foreign woman who is currently residing abroad. We want to hold the wedding in her home country, and then live together in Japan.

A:

Marriage Procedures:
First undertake all marriage procedures necessary in the foreign spouse’s home country. There are two ways to bring relatives to Japan.

1. Advance Visa Application:
   The foreign national applies to the Japanese consulate or embassy in his/her country for a “Spouse of Japanese National” visa.
2. Certificate of Eligibility:
   After the Japanese spouse has returned to Japan, they apply as a proxy to the local Regional Immigration Bureau for a Certificate of Eligibility. If it is issued, they mail it to the foreign spouse, who then applies to the nearest Japanese consulate or embassy for a visa.

Q: I am living in Japan with a Student visa, but I would like to send for my wife and children to join me here. What are the necessary procedures? Can my wife work?

A: You will need to apply for a certificate of eligibility for the status of residence of “Dependent” with a local immigration office. To apply for the certificate, please contact your local immigration office for details.

In principle your wife will not be allowed to work; however, if she receives permission to engage in activities other than that permitted under the status of residence previously granted from the Immigration Bureau, she will be able to take on a part-time job. (There are limits on type of work and hours).

Q: I am married to a Japanese man and have a 10-year-old child from my previous marriage. Can I have the child come over to Japan to live with us?

A: Your child, who is from your previous marriage, may be granted a status of residence as a “Long-Term Resident.” For details, please see the Immigration Services Agency of Japan website.

Q: We are a foreign couple living in Japan. We just had a baby. What procedures should we undertake?

A: In the case that both parents are foreign nationals, the baby will also be a foreign national, and will thus need to acquire a Status of Residence. The Status of Residence application process should be begun at the Regional Immigration Bureau within 30 days of the birth. If the baby will reside in Japan for fewer than 60 days (except in cases in which the baby will be re-entering Japan with a Re-entry Permit), this procedure is not necessary. If the parents are not residing in Japan legally, or are in the midst of deportation procedures, the baby may be denied Status of Residence.

Procedures:

[ Notification of Birth ]
Notify your local municipality of the birth within 14 days. If you submit notification, the municipal office will issue a Certificate of Residence in recognition of the baby’s provisional status of Residence. (Failure to apply for Residence status within 30 days will void the baby’s Certificate of Residence.)

[ Acquisition of Status of Residence ]
The documents needed to acquire status of Residence following birth are as follows:

• Documents proving the birth (Birth Certificate, Maternal and Child Health Handbook, etc.)
• Reference documents in accordance with activities in Japan
• Passport (if it is not possible to present a passport, present a written statement explaining why not)

[ Residence Card ]
If the baby acquires Status of Residence and becomes a Mid- or Long-Term Resident, he/she will receive a Residence Card.

Q: I have Long-Term Resident status, but I want to return home for a while. What are the necessary procedures?

A: There are two possible procedures for a Mid- or Long-Term Resident to return to Japan and resume activity after an absence, depending on the duration of the absence.

If you will be abroad for less than one year:
If a foreign resident with a valid passport and Residence Card will be returning to Japan to continue the same activities as before, they will not need a Re-entry Permit if they will be abroad for less than one year (two years for Special Permanent Residents). Someone who leaves Japan under this system can lose their Status of Residence if they do not return within one year, (or before their Period of Stay expires, whichever comes first) as it is not possible to extend Special Re-entry Permits while abroad.

If you will be abroad for more than one year:
You can obtain a Re-entry Permit at your local immigration office before your departure.

Validity Period:
The maximum validity period for Re-entry Permits has been extended from 3 years to 5 years (6 years for Special Permanent Residents).

Q: I am currently staying in Japan with “Temporary Visitor” status. What if I plan to renew my temporary visitor status to live in Japan for more than three months? I would like to have a Resident Card to use as my ID card.

A: Someone originally entering Japan with “Temporary Visitor” status isn’t issued a Resident Card even if they end up staying in Japan for more than three months by renewing their “Temporary Visitor” status.

A Resident Card is issued to a foreign national who is staying in Japan for the medium- to long-term. Those listed below are not issued a Resident Card.

1. Those who are granted permission to stay for less than three months
2. Those who are granted “Temporary Visitor” status
3. Those who are granted “Diplomat” or “Official” status
4. Those who are recognized by Ministry of Justice ordinance as equivalent to the foreign nationals in the above 1 to 3
5. Special permanent residents
6. Those with no status of residence

Q: What should I do when I move to another city/ward or overseas?

A: You need to submit a “notification of moving-out” to your current ward/city office. Once you move into a new city, you need to submit a “notification of move-in” to your new ward/city office within 14 days of moving in. What you need to submit at that time are your Resident Card/Special Permanent Resident Certificate, and a “moving out notification certificate” that was issued at your former city/ward office. Changing your address in the same city/ward still requires a “notification of change of address” at your city/ward office within 14 days of your move.

When you move overseas, you also need to submit a “notification of moving out” at your city office. In this case, however, no “certificate of moving out” will be issued to you. When you return to Japan with a reentry permit, you need a “notification of moving-in” within 14 days of your move after you set up a place to settle down. For this procedure, you will need your passport, your Resident Card.

Failure to comply with the above required procedures may result in penalties or the revocation of your resident status.

Q: I am planning to marry a Japanese national in Japan. What procedures should I follow?

A: If you wish to marry to a Japanese national in Japan, you need to register your marriage in accordance with Japanese law. Your Japanese partner needs to submit a certified copy of theri family register, while you must present a “certificate of eligibility to contract marriage” (konin-yoken gubi shomeisho) and other documents including your passport. Depending on the country you are from, required documents differ so it is advisable you check with your municipal office where you are going to report your marriage.

Whether your marriage performed overseas is valid or not depends on the country of origin even if you are legally married in accordance with Japanese law. Therefore, contact your embassy or consulate general in Japan to make sure what kind of additional procedures are required to make your marriage overseas legally recognized in your country.

A certificate of legal capacity to contract marriage is a written statement issued by your governmental agencies, affirming you meet all the legal requirements to marry and have no impediment to legal marriage. Most countries issue such document at their embassy or consulate general in Japan, but some countries don’t issue such certificates. In that case, you are asked to submit documents that serve the same purpose. Certificates written in foreign languages should be accompanied with their Japanese translation.

Q: I am planning to marry another foreign national in Japan. What procedures should I follow?

A: If you wish to marry another foreign national in Japan, you can do so in accordance with the law of Japan, where you both reside. To do so, you must register your marriage at the family register section of you city office. Each of you must submit a certificate of legal capacity to contract marriage together with its Japanese translation. Ask your embassy or consulate general for the certificates. Once your marriage registration is accepted by your city office, you will be legally married under the Japanese law. However, it would be advisable to ascertain beforehand from the embassy or consulate whether the marriage registered under the Japanese law is valid in your country.

If both of you hail from the same country, you may also be able register your marriage at your embassy or consulate general in accordance with the legal formalities of your own home country. If you and your partner do not share the same nationality, you may be able to follow the formalities of either of your country. However, some countries do not provide marriage registration service at their overseas consulate generals, so please check them in advance.

Q: Marriage procedure:To get married outside Japan

A: There are two possibilities for procedures to be undertaken in cases in which a Japanese national is marrying a foreigner in the foreigner’s home country, or in a third country.

[ Procedures mandated by the foreign country in which the wedding occurs ]
Submit the necessary notification documents in the foreign spouse’s country, or the country where the wedding is taking place. Usually both spouses need to procure and submit the documents requested. After submitting the local marriage notification, the Japanese spouse should notify the Japanese embassy/consulate, or mail the document directly to the municipality where his/her domicile is registered in Japan. This procedure must be completed within three months of the marriage. Any documents in foreign languages need an accompanying Japanese translation.

[ Procedures mandated by Japan ]
Mail the necessary documents directly to the municipality where the Japanese spouse is registered. Note, however, that any error in the documents may result in the notification not being processed. The necessary documents are the same as for Japanese nationals marrying foreigners in Japan.

[ The “certificate of eligibility to contract marriage” for Japanese nationals ]
A Japanese national can request this certificate by submitting a certified copy of their family registration, from the Legal Affairs Bureau of his/her residence, and a Japanese embassy/consulate general overseas.

For details, please see Civil Affairs Bureau of Justice Ministry HP.

Q: We are an international couple of different nationalities, who have been living in Japan. How can we get divorced?

A: The applicable law in divorce will be (1) the law of your common residence or (2) of the country on which you have the most material bearing, since you don’t have a common nationality. Because the habitual residence of you and your spouse is in Japan, your matrimonial issues will be governed by the Japanese law. For more information, please contact with your own respective government authorities in Japan.

Q: What happens to the Residence Status of a foreign national after divorce?

A: Mid- and Long-Term Residents who have “Dependent,” “Designated Activities,” “Spouse of a Japanese National, etc,” “Spouse of a Permanent Resident, etc.” status need to notify the Regional Immigration Bureau within 14 days in the event of divorce or the death of the spouse.

[ Divorcing a Japanese National ]
If you divorce your Japanese spouse, you will lose eligibility for “Spouse of a Japanese National, etc” status. In accordance with the 1996 Immigration Bureau circular notice, you may be eligible for “Long-Term Resident” status if you are raising your child, who is a Japanese citizen.

[ Divorcing Another Foreign National ]
If your spouse is a Permanent Resident, you will lose eligibility as a “Spouse of a Permanent Resident,” and if your spouse has a work or study visa, you will lose eligibility as a “Dependent” if you get a divorce. If you wish to remain in Japan after the divorce, you will need to obtain a change in status.

Following the July 9, 2012 reforms to the Immigration Law, foreign nationals with “Spouse of a Japanese National, etc” or “Spouse of a Permanent Resident, etc” status will be subject to revocation of Status of Residence if they fail to conduct activities as a spouse for six months, unless they have justifiable reasons.

Q: I am a foreign nationla married to a Japanese citizen. We live in Japan, but my spouse has been unfaithful, so now I want a divorce. Can I receive payments an a share of our join property?

A: If you and your husband reach an agreement over the financial arrangement, you can make the agreement in writing and have it notarized at a notary public.

If you fail to reach an agreement, you can seek legal settlement and demand the payment of alimony and the distribution of property under Japanese law, which is the applicable law in cases of divorce between a couple composed of a Japanese national and a foreigner who have their domicile in Japan. The amount of alimony is determined based on the length of your marriage, fault in marital breakdown, spouse’s financial ability, and other factors. The property that you and your husband have acquired during the marriage can be divided equitably. Since April 1, 2007, retirement pension benefits accumulated during a marriage can be divided at the time of divorce. The non-contributing spouse is given entitlement to one-half of the benefits earned during the marriage.

Q: My Japanese spouse and I had a baby in Japan. Which nationality does our newborn acquire? How and where should we report the birth? How is the baby’s family name determined?

A: Birthright citizenship is conferred either by jus sanguinis (citizenship attribution by parentage) whereby a child takes its citizenship from his parent, or by jus soli (citizenship determined by the place of birth) by which citizenship is extended to any individual born in the territory of the state. Japan adopts the dual system of jus sangiunis, whereby citizenship is transmitted to a child if either of its parent is a citizen of the state. Depending on the law of your country, your child acquires citizenship of your country and keeps dual nationality.

Registration of Birth with your city office should be completed within 14 days of the birth of your child. If your government extends nationality to your child, you also have to report its birth to your embassy or consulate general in Japan within a specified timeframe. A Japanese child with dual nationality is treated as Japanese under Japanese law and a resident certificate will be created upon registration of the child’s birth.

Your child takes your Japanese spouse’s surname because he will be entered in the family registry of the Japanese parent. If you want your child to have your foreign family name, there are ways to do so.

Q: I want to draw up a will in Japan where I currently live. How can I validate my will and by which country’s law?

A: The “Act on Governing Laws Relating to the Form of Testamentary Dispositions” was enacted as a result of the ratification of the “Convention on the conflicts of laws relating to the form of testamentary dispositions,” concluded in 1961. According to this act, a testamentary disposition shall be valid as regards form if its form complies with the internal law:

1. of the place where the testator made it,
2. of a nationality possessed by the testator, either at the time when he made the will, at the time of his death,
3. of a place in which the testator had his domicile either at the time when he made the will, or at the time of his death,
4. of the place in which the testator had his habitual residence either at the time when he made the will, or at the time of his death,
5. so far as immovables are concerned, of the place where they are located.

You can draw up a will in accordance with the Japanese law, which is the law of the place of an act. Under the Japanese Civil Code, the following three ways of making out a will are accepted: “Holograph Will,” “Notary Deed Will” (A notary public writes down what the testator tells him in front of more than two witnesses.) and “Secrete Certificate Will.”

The July 10 2020 law enables you to safekeep your will at a local Legal Affairs Bureau, instead of at your home. You can avoid the risk of your handwritten will being lost or altered. This new law eliminates the need for a procedure called probate in the family court. Another merit for this new system is that the fee is lower than that of a notary deed will.

Q: I have been living in Japan with my family for a long time. I want to be naturalized. Is it possible? What are the requirements and formalities? Where can I get advice?

A: Article 5 of the Nationality Law says that a person wishing to obtain Japanese nationality by “naturalization” needs to fulfill the following eligibility requirements:

1. a person must have domiciled in Japan for five or more consecutive years;
2. a person must be 20 years of age or over and of sound mind according to the law of his or her country of origin;
3. a person must be of upright character;
4. a person must be able to secure a livelihood by his or her own property or ability, or those of a spouse or other relatives with whom the person lives and shares living expenses;
5. a person must be stateless or be prepared to give up his or her original nationality on becoming a naturalized Japanese citizen;
6. a person must, since the enactment of the Constitution, never have plotted or advocated or formed or belonged to a political party or other organization which has plotted or advocated the overthrow of the constitution of the existing government.

You can apply for naturalization at the appropriate Legal Affairs Bureau that serves your area by submitting required documents. If you are married to a Japanese or if you were born in Japan, for example, requirements for naturalization are relaxed.

Once your naturalization is granted, your new family registry is made. You can consult with and apply at a legal affairs office of your area.

Q: Are foreigners eligible for National Health Insurance?

A: According to the National Health Insurance Law, people who are not eligible to enroll in NHI include:

1. Those who are covered by other public health insurance programs
2. Those who are receiving public assistance from the Welfare Program
3. Non-Japanese nationals (Article 1 Section 2 Enforcement Regulations to National Health Insurance) who meet the following conditions:

• Those who are staying in Japan without resident status
• Those who are not listed in the Resident Registration Card system (Foreign nationals staying in Japan with “Entertainer,” “Technical Intern,” “Dependent,” or “Designated Activities” status who are granted a period of residence shorter than three months may be enrolled in the NHI if their documentary evidence show that they are going to stay in Japan for over three months.)
• Those with “Designated Activities” resident status who came to Japan with an aim to get medical treatment or to care for those who come to Japan for medical treatment
• Those who come from a country with which Japan signed a bilateral Social Security Agreement that covers medical insurance and who are insured by public health insurance back home

Although people with “Diplomacy” or “Official” status are excluded from the obligation of Resident Registration, those staying with “Official” status are covered by the NHI if their period of residence is three months or longer.

Q: I cannot afford my National Health Insurance payments. What should I do?

A: If you simply cannot afford your insurance fees, consult with the National Health Insurance division at your local municipality office. If you have justifiable reasons designated by ordinance or policy, it is possible to apply for a waiver or postponement of payment.

Q: I am a long term resident in Japan. I became ill during a short stay in my country. Does my National Health Insurance cover the medical expenses overseas?

A: It is possible to claim National Health Insurance for medical treatment received abroad. There are, however, exceptions, such as the below:

1. Treatments that are not covered by National Health Insurance even inside Japan
2. When the insured traveled abroad for the purpose of receiving medical care

For details, please ask at National Health Insurance section of you city.

Q: I am worried that I may have contracted HIV. Where can I get tested?

A: The result will be notified to you about one week after the examination. To obtain a reliable test result, it is advisable you wait 3 months after infection to be tested since HIV antibody formation takes 6 to 8 weeks. You can get tested for the AIDS causing Human Immune-deficiency Virus (HIV) at no charge at a local public health center without disclosing your name.

• Osaka Prefectural Government/Department of Public Health and Medical Affairs/Public Health and Medical Administration Office/Medical Administration Division 06-6944-9156
• You can also get AIDS examinations free of charge at the following sites:
  Communication Hub of testing, counseling and support (chotCAST 06-4708-5035) .

Q: I think I am afflicted with depression. How can I find a psychiatrist?

A: When you are mentally unstable because of unfamiliar circumstances in Japan and some other reasons, and are seeking treatment at mental institutions, you can consult at the following places for referrals.

• Public health centers in your area
• Osaka Prefecture Mental Health Center
• Osaka Municipal Mental Health Center
• Sakai Municipal Mental Health Center

You can also access online Osaka Medical Institution Information System for psychiatric hospitals and clinics information at Osaka Medical Information System.

Q: I will import the medicine I take from my country because it is not locally available in Japan. Is there anything I should be aware of?

A: To import medicine for your personal use, in principle, you may need to some procedures. For details, please contact Kinki Bureau of Health and Welfare/Ministry of Health, Labor and Welfare: 06-6942-2241 (main number).

Q: Which countries have bilateral social security pension agreements with Japan?

A: Japan has drawn up bilateral social security pension agreements with a number of nations, with the aim of preventing double-enrolment and allowing workers to count their enrollment in the system of one country in their period of coverage in another. Details of the agreement vary from country to country. For updated information, please refer to Ministry of Health, Labor and Welfare HP.

Q: I need to send my infant child to a nursery school because I have started working. What should I do?

A: In Japan, nurseries are categorized as welfare facilities for children, run under the supervision of the Health, Welfare and Labor Ministry. They are designed for children whose parents cannot look after them during daytime due to work and other reasons. Children should be aged between 0 and preschool age to be admitted. There are generally two types of nurseries:

1. Authorized nurseries meet minimum requirements stipulated by the Child Welfare Law and are authorized by local governments. Fees can vary depending on the parents’ income, the children’s age and the place they live.
2. Non-authorized nurseries include so-called baby hotels or overnight care facilities and day care centers and do not necessarily have authorization from local governments. Each facility charge differing fees for their services. Please contact each nursery for information/admission.

To be admitted to an authorized nursery, you need to produce valid reasons, such as work commitments, for not being able to look after their children during daytime. Application can be made at your city office.

Q: I am a divorced mother who is raising children on my own in Japan. I need financial assistance because I can hardly make ends meet raising my children.

A: If you are raising your children born between you and a Japanese husband and are now divorced, you are probably staying with “Long Term” residency status. If you have this residential status, you can apply for various forms of public assistance as a single parent. Among them are:

1. Child Allowance (jido teate) is paid to a family raising an eligible child and isn’t limited to single parent households. Those eligible are residents in Japan, who have completed their resident registration. Foreign residents are also eligible as long as they have completed resident registration and are raising child/ren of the prescribed age bracket. Income threshold applies to recipients. To apply, contact the Child Allowance Section of your City/Ward office.
2. Child Support Allowance (jido fuyo teate) is paid to a single mother/father or a guardian who looks after a cohabiting child until the first March 31 following the child’s 18th birthday (or in the case of a child with a disability, up to the age of 20). Income threshold is applied. For more detailed information, please refer to the Osaka Prefecture Government/Welfare Department.

To apply for the above allowance, please contact Child Support Allowance section of your municipal office. More information is available at “Information for Single Parent Households” provided by Osaka Prefectural Government/Welfare Department.

Q: Are foriengers living in Japan eligible for public assistance under the Public Assistance Law? How can I apply for the service?

A: Foreigners do not have a legal right to get such public assistance because the law is originally intended for Japanese nationals, but the Public Assistance Law is applied to destitute foreigners at the discretion of the government, provided they meet either one of the following requirements:

1. Foreigners listed in Appended Table 2 of the Immigration Control and Refugee Recognition Act. (Permanent Resident, Spouse of a Japanese National, Spouse of a Permanent Resident, and Long-term Resident)
2. Special Permanent Residents recognized under the Special Act on the Immigration Control of, Inter Alia, Those Who Have Lost Japanese Nationality Pursuant to the Treaty of Peace with Japan
3. Foreigners who are recognized as refugees under the provisions of Article 1 of the Convention Relating to the Status of Refugees or the provisions of Article 1 of the Protocol Relating to the Status of Refugees.

To receive public assistance, you need to apply for recognition to the municipal office where you registered for Resident Registration, which is responsible for assisting the foreigners who meet the above criteria.

Q: Where can I find a job?

A: A foreigner with appropriate resident status can look for jobs at the following public job placement offices:

★Hello Work offices in Osaka where interpreters are available;

1. Osaka Employment Service Center for Foreigners (06-7709-9465)
   Address: 16F, Hankyu Grand Bldg., 8-47, Umeda, Kita-ku, Osaka
   Hours: 10:00 to 18:00 (Monday through Friday)
2. Sakai Hello Work (072-238-8301)
   Address: Sakai Higashi Ekimae Chosha Bldg. 59, Mikunigaoka-Miyukidori, Sakai-ku, Sakai-shi

Q: I have not been paid for my work. What kind of action can I take?

A: By law, wages should be paid directly to a worker themselves in cash, in full, at least once a month on a fixed date. For unpaid wages, you can report the case to the local Labor Standards Inspection Office in the area where your employer is located. You can get advice in foreign languages at the following office in Osaka. At the Osaka Prefectural Comprehensive Labor Office, an appointment is necessary if interpreter (English/Chinese) is required. If your non-payment of wages is the result of your employer’s bankruptcy, however, there is a government system to compensate payment of unpaid wages based on the “Security of Wage Payment Law” designed to ensure payment of wages for workers. For more information on Replacement Payment of Unpaid Wages, you can contact the competent Labor Standards Inspection Office.

Q: I work part time. I told my boss that I would like to take annual paid leave for my child’s school events, but he said that part-time employees do not have paid time off. Is this based on the Labor Standards Act?

A: An employer must provide an employee who has worked for a certain period of time with annual paid leave in proportion to the number of months that employee has worked. Annual paid leave is a right for an employee who has been working continuously at a company for 6 months since the day of hiring and has worked at least 80% of the total working days during this time. If the employee meets this condition, not only full-time employees, but also part-time employees who work in shifts are entitled to annual paid leave depending on the number of days or hours worked per week. An employee may request paid leave anytime for any reason as long as the employee specifies the date(s) he or she wants to take off at least one day in advance. The employee may be asked by his or her employer to change the date(s) of the leave if his or her absence during the requested period would interfere with the normal operations of the enterprise, however a simple “because we’re busy” is not a sufficient reason.

Q: I was suddenly told that my salary will be reduced from next month. Do I have no choice but to comply?

A: In principle, working conditions, such as salary and working hours, are determined on an equal footing between employers and employees through labor contracts, rules of employment and collective agreements which are agreements between employers and labor unions. In addition, when changing these working conditions, except in special cases, an agreement from both employer and employee is required. Therefore, it is not possible for employers to lower salaries based on their own judgment without the consent of the employees. An employer must provide a reasonable explanation to an employee as to why the salary needs to be lowered and have the employee accept it.

Q: I was employed on a one-year contract, but I resigned earlier for personal reasons. The employer said he would deduct one part of my remaining salary because there was a breach of contract on my part. Is something like that allowed?

A: In principal employees are not allowed to resign during a specified contract period unless they have unavoidable reasons. You need to seek your employer’s understanding by fully explain your situation about why you have to cancel your contract before it is completed. Your salary must be paid for the days you worked but not for the days you did not work, based on the principle of “No work, no pay”. However, the Labor Standards Law stipulates “An employer shall not make a contract which fixes in advance either a sum payable to the employer for breach of contract or an amount of compensation for damages.” If such a penalty is included in your contract, it is illegal, therefore invalid. For details, please contact Osaka Consultation Service for Foreign Workers.

Q: I am working at a factory. My boss is Japanese and four of my coworkers are from the same country as me. Today I was told to quit by our boss. Do I have to quit as asked?

A: There are three main ways to terminate employment. One is resignation or to leave of your own accord, notifying your employer that you want to quit. Second is dismissal/encouragement of retirement by being asked by your employer to quit. The third one is disciplinary dismissal or to be forced to quit as a punishment by your employer. Let’s see which one applies to you.

• If your boss jokingly told you to quit, there is a slim chance that his remark reflects your employer’s official decision about your employment. Just because you were told to quit doesn’t mean you have to do as told and quit.
• If you have kept making mistakes at work and your boss told you to quit, his remark may reflect the official stance of your employment. If you are only asked to leave, you can decide on your own whether you would like to do so or not, because just being asked to resign has no binding power. In principle, if an employee doesn’t agree, his employer cannot cancel a labor contract unilaterally.
• If you have caused major damage to your employer, and your boss told you to quit, his remark may be interpreted as disciplinary dismissal. Employee’s behaviors including using abusive language, violence, or harassing others in a private or professional setting; sabotaging the employer’s reputation; or causing damages to the employer may become reasons for disciplinary dismissal. The rules of employment spell out grounds for disciplinary dismissal. If you suspect you are being dismissed in this way, it is wise to ascertain the legal bases for your dismissal by checking the rules. If you are not convinced with the grounds for dismissal or you believe you received wrongful treatment, it is a good idea to demand that your employer revoke the dismissal.

Q: I am working as a technical intern, and in January I worked almost every day from 9:00 a.m. to 8:00 p.m. In February I was not so busy, working from 9:00 a.m. to 6:00 p.m. on weekdays. However, my earnings for January and February were the same. Do I not get any overtime pay?

A: The hours spent under the command of an employer are your “working hours”. In principle, up to 40 hours per week, 8 hours per day, excluding breaks, are your “statutory working hours”. If you work beyond these hours, you are entitled to extra pay (overtime pay) for overtime work. In addition, employers are required to give employees 1 day off per week or 4 days off per 4 weeks, and if they work on these days, they are entitled to extra pay. The law sets minimum standards for the premium rate for overtime wages. These are the same for technical intern trainees. However, please note that these regulations do not apply to the agriculture, livestock, and fishing industries.

Q: I am sexually harassed at work. My supervisor says obscene things to me. What can I do?

A: Article 11 of the Act on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment states that the necessary management measures must be taken in order to prevent employees who react to verbal sexual harassment in the workplace from suffering punitive measures or being forced to endure a poor work environment due to sexual innuendo. The law clearly states that management has an obligation to establish measures to prevent sexual harassment in the workplace. This means that you can demand redress from management if you have been sexually harassed. If there is a labor union at your company, it may be a good idea to consult them, also. Osaka Prefectural Comprehensive Labor Office offers sexual harassment consultation hotline service at 06-6946-2601.

Q: I have lost my source of income when the company I worked for went bankrupt. Am I eligible for unemployment benefits?

A: Employment insurance provides temporary financial assistance for a worker who has lost their job due to bankruptcy, dismissal, mandatory retirement or personal reasons while they look for job. To receive unemployment benefits, you must be ready, willing and able to work, but are currently out of job.

Since you were forced to leave your place of work without enough time to prepare for reemployment due to bankruptcy or dismissal, you are categorized as a “specifically qualified beneficiaries.”

As long as you have worked 11 days or more in a month for a total of six months during the year preceding your loss of work, you are qualified to receive the benefits. The same relaxed rule goes for another group of unemployed people, including workers with a limited-term contract whose contract was not renewed and workers who resigned due to valid reasons. By contrast, in case of voluntary resignation or retirement, a worker must have been insured for a total of 12 months during the two years before their departure from work in order to receive benefits. To apply for unemployment benefits, you should go to the Hello Work office in your area.

Q: I work part-time, but can I sign up for social insurance?

A: In order to sign up for social insurance as a part-time worker, you must meet the following requirements:

1. Your set weekly working hours and monthly working days must be at least 75% of the amount worked by full-time workers at the same workplace doing the same kind of work.
2. If you do not meet the requirement of that outlined above, you must meet Part-Time Workers Requirements below:

• Set working hours is 20 or more hours a week
• You are expected to be employed for one year or longer
• Your monthly wage is 88,000 yen or more
• You are not a student
• You are employed by a company that has 501 employees or more

Q: My illness prevents me from working. I cannot make ends meet because I do not get paid during my days off from work.

A: Injury and sickness allowance is paid from your health insurance if you are unable to work due to non-occupational injury or illness and not get paid during your days off. The payment starts on the fourth day following a waiting period of three consecutive days off from work. This waiting period includes annual paid leave and legal holidays such as Saturdays, Sundays and national holidays. The minimum amount of the allowance is two-thirds of the average daily wage. The average daily wage is calculated by dividing average monthly wage of the past 12 months preceding the payment month by 30.

Q: I have been hospitalized as a result of a traffic accident. What can I claim as compensation for the damage?

A: Compensations are taken out from the liable driver’s compulsory or voluntary automobile insurance policy. A compulsory policy, also known as “jibaiseki” in Japanese, however, only covers bodily injury up to a certain amount. (For example, damages due to injury covers up to 1.2 million yen per victim) Any compensations exceeding this are covered by the driver’s voluntary insurance or “ni-n-i” in Japanese.

If you are involved in a car accident with an uninsured driver or an unidentified driver, and cannot get any financial compensation, you can receive payment from the Government’s Automobile Liability Compensation Business program which compensates you in the same manner as you would be by compulsory insurance. If you do not know how to make a claim for insurance coverage, please consult with the traffic accident section. Generally, they will only use Japanese so it would be better to bring an interpreter.

In addition, depending on the day, an attorney who can handle traffic accident cases can be in charge of consultation at the Osaka Bar Association’s Legal Consultation for Foreigners. For this it is possible to provide consultation with an interpreter within the framework of Legal Consultation for Foreigners (the interpreter’s fee is free).

For details on legal consultation for foreigners, please refer to the information in the link below.
Advice and consultation on car accident claims is given at the following offices:

1. Car Accident Consultation by Osaka Bar Association
2. Osaka Bar Association, Legal Consultation for Foreign Nationals
3. Insurance Claim Consultation by The General Insurance Association of Japan
4. The Japan Center for Settlement of Traffic Accident Disputes

Q: I injured a pedestrian while I was riding a bicycle. What is my liability as a cyclist?

A: The Road Traffic Law classifies bicycles as vehicles, which means you have to obey traffic laws when you ride one. If you are involved in an accident when riding a bicycle, you are required to report it to the police.

You are liable to compensate for any damages done to pedestrians or to property. Depending on the magnitude of negligence on your part, you can be punished for criminal charges. There are some instances where cyclists involved in accidents resulting server injury or death are demanded to pay for medical treatment, lost income and compensation to the victims. Bicycle liability insurance is mandated for all cyclists under the Osaka Prefectural ordinance.

Q: When I bought a bicycle, the dealer recommended that I register it. Is it necessary?

A: The “Law Concerning the Promotion of Safe Bicycle Use and Comprehensive Measures for Parking of Bicycles and Other Motorcycles” stipulates that every bicycle user must obtain a registration for his/her bicycle. Bicycle dealers are also required to encourage bicycle riders to register their bicycles against theft.

Bicycle registration is used to prevent bicycle theft and to quickly recover the bike when a it is stolen. It is also used to recover the bicycle when it is parked where it is not allowed to be parked and is removed by local authorities.

Q: My husband was arrested on suspicion of inflicting bodily injury. Can I visit him where he is detained? What is the regular criminal procedure that follows after arrest?

A: If arrested, he may be detained by police for up to 72 hours on suspicion of having committed a crime. Once his detention is approved by a court, prosecutors can detain him for up to 20 days, during which they will decide whether or not to indict him. During his detention, police and prosecutors question him and prepare an investigator’s record of oral statement, which is written in accordance with his testimony during the investigation. Unless a detainee is prohibited from communicating with an outside contact, visitation is not necessarily restricted to your attorney, but sometimes you are only allowed to visit with the presence of an attendant or during a designated timeframe.

In Osaka prefecture, cases where a suspect has been arrested and detained by the police but has not yet been charged with a crime, the suspect can request for a duty attorney to be dispatched to the place where they are detained for free only for the first visit. The attorney will explain future procedures, their rights as a suspect, and make contact with their family. Their family and friends can ask for a duty attorney on behalf of the suspect.

To ask for a duty attorney, call 06-6363-0080.

Q: I have been requested by a foreign public institution to submit a police clearance certificate for the period of my stay in Japan. Where and how can I get one?

A: A police clearance certificate, also known as an “overseas travel certificate” or “criminal record certificate,” can be obtained from the Overseas Travel Application Office of Identification Section of Osaka Prefectural Police Headquarters (06-6943-1234) if you are currently registered as a resident of Osaka Prefecture or your last registered residence in Japan was in Osaka Prefecture. The service is free of charge but you need to show proof that you need this documentation with things such as your passport, documents showing that there is indeed a public organization requesting the certificate, etc. You should call the Osaka Police Headquarters before your visit for more information. Please note that you cannot ask someone to apply for the certificate on your behalf.

• Osaka Police Headquarters

Q: I am a woman who is a foreign resident who is troubled by violence from my husband. How can I seek help?

A: Based on the Law for the Prevention of Spousal Violence and the Protection of Victims (DV Prevention Law), a system is in place for reporting, counseling, protection, and support for self-reliance in cases of physical violence by a spouse or words or actions that have a harmful effect on the body or mind. This law also applies when the victim is a foreign resident. In addition to those who are married by law, the law also includes those who are in a de facto marriage-like relationships, or so-called common-law marriages.

The law also applies to not only cases where a person is subjected to violence during the marriage but even if they continue to be subjected to violence after divorce or dissolution of the common-law relationship. In order to prevent the victim’s life or body from being harmed, the court may, upon the victim’s petition, prohibit the perpetrator spouse from approaching the victim or order him or her to leave the home (protection order).

If you are suffering from violence, there are places where you can consult with the authorities. You can also consult with the police. The Osaka Prefectural Women’s Consultation Center, in cooperation with OFIX, also offers counseling in many languages.

• Osaka Prefectural Women’s Consultation Center: 06-6949-6181
• Other Prefectural Consultation Centers

Q: I am being stalked by a co-worker. Where should I consult?

A: Stalking, such as following or monitoring you or someone close to you, or obtaining your location information without your consent, in order to satisfy romantic or other feelings of affection toward you, or feelings of resentment for not satisfying those feelings, is regulated by the “Law Concerning Control of Stalking Behavior, etc.” (Stalking Control Law).

If you are being stalked and feel uneasy, consult with the police. Upon such a request, the police can take administrative measures such as warnings or restraining orders to the other party to stop the stalking behavior. The police may also use the Stalking Control Law and other related laws and regulations to arrest the perpetrator or take protective measures for the victim, etc.

The Osaka Prefectural Women’s Consultation Center also provides consultation services for victims of stalking.

• Prefectural Police Stalker 110 Number: 06-6937-2110
• Osaka Prefectural Women’s Consultation Center: 06-6949-6181

Q: My fifth-grade child is coming to Japan to live with me. What school options are available for him?

A: A child coming from overseas has several options to choose from when it comes to elementary schools – public schools, private schools, and international schools including ethnic schools.

If you wish to send your son to a public school, first, you need to go to the board of education of the city he will reside in and talk with officials at the education affairs section. Afterward, they will send you a “notice of school entrance” and an “admission to school entrance/transfer,” and let you know when and which school to visit.

If you wish to enroll your child to a private school, you need to talk to the school directly since each school has different admission policies. Please contact the school you wish to send your child to for detailed information.

International schools are privately-run schools for foreign and Japanese children, which offer classes in English or other languages. School operations are diverse — from legally incorporated educational institutes to institutions unrecognized by the Japanese government, and a majority of them are classified as schools in the “miscellaneous” category under the Japanese education system. If you wish to send him to such a school in the middle of the school year, check each school to see if they have student vacancies.

Q: Our child, who cannot speak Japanese at all, will be transferred from his junior high school back home to a public junior high school in Japan. Will some support be available to him?

A: At public elementary and junior high schools in Osaka, Japanese language instruction is mainly provided by regular classroom teachers and can be supplemented by interpreters and classroom supporters dispatched from the board of education. Upon request, interpreters are available for parent-teacher conferences and other occasions. For details, please ask your classroom teacher. Also please refer to the Multilingual Information on School Life.

Q: We do not have to pay for tuition for our son, who is studying at public elementary school, but we have to pay for school supplies. We cannot afford them.

A: School expense subsidy is available for parent/guardian of elementary and junior high school children who need financial assistance to complete their compulsory education. The subsidy covers school supplies, out-of-school activities, school excursions, and school lunches. Income limits apply. To apply, please contact your child’s school or board of education.

Q: Our child has recently arrived to Japan after finishing junior high school in his country. He can barely speak Japanese. Can he enter a public high school? Does he have to take the same entrance examination as other Japanese applicants?

A: A set of procedures is required to enter a public high school. To take a general course, although he still needs to take the same test as Japanese applicants, Osaka Prefectural High Schools give special considerations to returnee students from China, foreign students and Japanese returnee students from abroad, who meet certain conditions. In the case of a student who returned to/entered Japan and was transferred to a primary or middle school, the following special considerations are given:

1. extension of examination time
2. non-English dictionaries may be used during the examination
3. “furigana” phonetic symbols written alongside the Chinese characters on academic aptitude test.

For information on public school education, go to the HP of International Student School Life Support Information.
Multilingual student guidance is held several times a year for students with international backgrounds.

Alternatively the student may want to improve their Japanese language proficiency first by attending a Japanese language school.

Q: Are there any public high schools in Osaka, which have special admission screening allotments for students from overseas?

A: There are public high schools in Osaka prefecture which have special allotments for returnee students from China and foreign students, who have been admitted to the 4th grade in primary school or higher in Japan. For details, please see Osaka Prefectural Board of Education High School Division HP.

Q: Are there any high school/college scholarship programs available to students from overseas? How do you apply for one?

A: As for scholarships for students planning to enroll in high school and specialized technical college, please refer to Osaka Prefectural Board of Education HP. There are some schools which have their own programs to their students to help cover the school entrance fee and tuition.

Q: My cousin who is living abroad is interested in studying at a university in Japan. How can he get started?

A: They can get multilingual information on studying in Japan at the Japan Student Services Organization (JASSO) HP.

Q: I would like to study Japanese. Are there any Japanese class in my neighborhood?

A: You can find Japanese classes in Osaka at the following site:
Center for Adult Learning, Literacy & Japanese as a Second Language, Osaka

Q: Are there any international schools in the Kansai area?

A: For information on international schools in Osaka, please refer to Osaka Prefectural Board of Education HP.

Q: Our child attended an international school from elementary through high school ages. Is he eligible to enter Japanese university?

A: Most international schools are classified as “various” under the School Education Act, and do not come under Article 1. The Ministry of Education, Culture, Sports, Science and Technology provides on its webpage a list of schools that confer their student’s eligibility to enter a Japanese university.

Q: I am an employee of a company. Do I have to file a final tax return?

A: You are required to file a final return even if your income tax is withheld from the source if;

1. you have income exceeding 200,000 yen in addition to your employment income,
2. you have income from more than two sources and the total amount of the income exceeds 200,000 yen,
3. your employment income exceeds 20 million yen
4. you wish to file a medical expense deduction etc.

Q: I have to file a final tax return, but I am going to leave Japan before year-end. How can I file a final tax return?

A: Final tax returns are to be filed from February 16 to March 15 every year. Since you leave Japan earlier than that period, you can designate a tax agent and notify his/her name to your tax office. The agent will handle your tax affairs after you have left Japan. In the absence of such an agent, however, you may file a quasi-final tax return with your tax office before your departure. For more information, please contact your tax office.

Q: How is your resident tax determined?

A: As long as you are a resident of the city as of January 1 of a given tax year, resident taxes, which consist of prefectural and municipal taxes, are levied irrespective of your nationality. If you are categorized as a non-resident, your income is essentially exempt when it comes to resident taxes, but you still have to pay per-capita portion of business operation or real estate in Japan, if any. For more details, please contact your city office.

Employed workers can have resident tax payments automatically collected from their income and forwarded to their municipal office by their employer.

Q: How can I obtain a license to drive a motorcycle in Japan? I have never had one back home.

A: The methods to obtain a license to ride a bike in Japan from scratch can differ depending on the kind of two-wheeler you wish to obtain a license for. For more details, please refer to Osaka Prefectural Police HP.

Q: How long an international driver’s license valid?

A: An international driver’s license refers to a certain type of license issued by signatory nations to the Geneva Conventions. For an updated list of signatory nations, please refer to the National Police Agency HP.

Q: What is the paper work procedure in buying a second-hand car?

A: To change the ownership of a used car, you need to go to the local transport bureau or Motor Vehicle Inspection and Registration Office, which has jurisdiction over the place you drive your car in order to transfer the ownership on the car inspection certificate. Procedures can differ depending on the municipalities current and new owners reside.

For information on a light motor car, you can contact the Light Motor Vehicle Inspection Organization.

Q: I bought an electrical appliance at a home-electrical retail store with a one-year warranty. It stopped working properly under normal use so I took it to the store and asked for a warranty repair but I was charged for the repair. What should I do?

A: If you are not satisfied with the products or service provided, you can check with your local Consumer Center for advice. Please take along someone who can speak Japanese since no foreign language assistance is provided. The Consumer Center is a public organization responsible for responding to consumer inquiries and complains about products and services.

Q: I want to consult a lawyer to start divorce proceedings, but I cannot afford to pay his fee. Can I obtain a loan of the fee?

A: You can get support from the civil legal aid system if seeking a judicial solution in family affairs, such as divorce and civil affairs. This system is designed to ensure the right to access to the courts for those who have a good prospect of winning the lawsuit but cannot do so due to financial difficulty. Under this system, you get free legal consultation, referral to lawyers and legal scriveners, temporal payment of legal fee for you, as well as representation in court and preparation of documents. Since legal aid is for people who have limited means, you need to produce evidence showing your income is below a certain amount to be qualified for the system. Foreigner residents staying in Japan legally can take advantage of the system. For more information on legal aid, please refer to Japan Legal Support Center.

Q: I am discriminated based on my nationality. Where can I get human rights consultation?

A: Consultations on human rights abuses are provided in several languages at the following sites in Osaka.

Osaka Legal Affairs Bureau:
0570-090911
(English, Chinese, Korean, Filipino, Portuguese, Vietnamese, Nepali, Spanish, Indonesian and Thai)

Osaka Bar Association:
Second and fourth Fridays of the month from 12 p.m. to 5 p.m. in English, Chinese and Korean.
06-6364-6251

Q: Where can I have my diploma from my Japanese university notarized for the validation purpose at home.

A: The homepage hosted by the Ministry of Foreign Affair (MOFA) explains the procedures to get official seals of such documents authenticated.

Osaka Liaison Office, Ministry of Foreign Affairs
Tel: 06-6941-4700

Q: I am a divorced woman with children. I want to move from a private apartment with too high a rent to public housing.

A: Public or prefectural housing is government-subsidized housing for low-income families. A foreign national who has completed their Resident Registration can apply if they meet housing eligibility requirements. A single-parent household can apply under the Welfare Household category, if it meets any of the following (1) to (5) and if it supports a child younger than 20 as of the end of the application period.

1. Widowed or divorced parent or parent of a child born out-of-wedlock
2. Those whose spouse has been missing for one year or longer and submitted a missing person report with the police
3. Those who have been abandoned by their spouse for one year or longer or those whose resident registration address is different from their spouse for one year or longer
4. Household with a situation similar to single mother household, such as those whose marriage is virtually broken due to spousal violence
5. Those who cannot get financial support from their spouse, who is living overseas, or in other avoidable situations.

For more details, please refer to Osaka Prefectural Housing HP.

Q: My wife and I came to Japan to work here. Our combined household income exceeds the standard level for prefectural apartment units. Are there any other types of public housing we can apply for?

A: The public housing units intended for middle-income households are as follows:Housing corporation-managed rental units owned by the Osaka Prefectural Housing Corporation are available to people who meet certain income requirements

Osaka Prefectural Specified Public Rental Housing, designed for middle-income households, are rental properties wherethe rent is partially subsidized by both national and prefectural governments. An applicant should meet thefollowing criteria:

1. Someone who has other family members to share the room with
2. Someone who meets thefixed income level

A foreign national who has completed their Resident Registration can apply if they meet the above requirements even if they are not currently living in Osaka. To apply, please contact the Osaka Prefectural Housing Corporation.

The Urban Renaissance (UR) Agency provides rental housing for both singles and families on a first-come-first-servedbasis. No guarantor is required to rent the units offered by UR, but you need to meet the income requirements. Tolearn more about UR housing, please contact the UR Agency.

Q: I am a foreign student searching for housing. What are my options?

A: The following options are available for foreign students:

[ Dormitories for Foreign Students ]

• Osaka Foundation of International Exchange: Sakai International Hall (Orion International House)
• Foundation of Corporate Friendship Network for Foreign Students: Program for admitting foreign students to company dormitories
• Kyoritsu International Foundation: Student dormitories
• Ono Scholarship Foundation : Uenoshiba Women’s Dormitory

Most universities also have their own dormitories, so please consult the student affairs office at your university for details.

[ Public Housing ]
If you are in Japan as a family, and meet the criteria, you can apply to live in prefectural or municipal housing.

Q: I want to move into private rental housing. I heard that some landlords are hesitant to rent their houses to foreign nationals. Is there any way to find housing that accepts foreign nationals?

A: Osaka Prefecture Government has set up the Osaka Safe and Secure Rental Housing Registration System. Under this system, private rental housings that do not exclude people who can have difficulty securing housing (for example, foreign nationals) are registered. You can use the Safe and Secure Rental Search System or the Safety Net Housing Information Provision System to obtain information about registered housing.

• Safe and Secure Rental Search System
• Safety Net Housing Information Provision System

You may also want to consult with the Foreign Language Speaking realtors listed on the website of the Japan Rental Housing Management Association.

If you still cannot find a place to live, please contact the Osaka Prefectural Government through the Osaka Foundation of International Exchange. We can introduce Residency Support Corporations.

A Residency Support Corporation is an organization that provides information and advice on moving into private rental housing for foreign nationals and other people who have special needs for securing housing.

Q: I will be signing a lease to rent private housing. I am being asked to pay a utility fee in addition to the monthly rent, key money, refundable deposit and the agent’s commission. Is this a common practice in Japan?

A: Generally speaking, renting a house in Japan is more costly than in other countries because of expenses that are unique to Japanese commercial customs, such as various initial fees and renewal fees which are separate from the monthly rent. The expenses usually include the following and you are encouraged to check before you sign the lease to avoid mistakes and misunderstanding.

The utility fee (management fee) covers electricity, cleaning and inspection fees for common areas of the property. The fee is commonly paid separately from the monthly rent. In your country the cost for shared utilities is likely to be lumped into your monthly rent.

Key money is the name for a one-time nonrefundable fee you pay to your landlord when signing a new lease. Key money is more common in the Kanto area and is usually the cost of one or two months’ rent. Recently, however, there are rental properties that require no key money.

The agent’s commission is what you pay to the real estate agency for their service. This charge cannot exceed the cost of one month’s rent. The fee is nonrefundable.

The security deposit (security money) is a fixed amount paid to the landlord usually on the date of signing the lease. This deposit ensures that the tenant will pay rent and covers the cost of repairs for damages to the property. The deposit, usually the cost of one or two months’ rent, is refundable. Once your property has been inspected and the damage cost has been deducted, your landlord will return what is left to you. There are times that part of the deposit, however, is nonrefundable, and is kept by the landlord as part of depreciation cost.

The renewal fee is a charge incurred when renewing the lease. The amount of the fee is decided by a special clause that is agreed by all parties involved in creating the lease contract. Regular leases have a two-year term and the renewal fee is nonrefundable.

In some cases, tenants are asked to pay for liability insurances or services such as fire insurance or a rent guarantor service.

Q: I have been asked to provide a guarantor when signing the lease. I do not have anybody I can ask to be my guarantor in Japan. How can I find one?

A: It is become more common these days to use a rent guarantor company, instead of a personal guarantor. In fact, more landlords are requiring the usage of a rent guarantor company. The company will pay your rent if you become unable to pay for some reason. In the case you have to sign a contract with a rent guarantor company, the cost will be between half to one month’s rent. In the following year and onward, the cost for renewal will be 10,000 yen to 20,000 yen a year.

Q: What are some of the things I should be mindful of when living in a rental property in Japan?

A: It is important to observe the garbage disposal rules and make sure you are not making loud noises, especially at night and in the early morning. Your city may provide pamphlets that explain the rules for garbage disposal. They are available in many languages as well so you may ask for one at your city office and check it whenever you need. In Japanese apartment complexes, sounds tend to travel to your next door, upstairs and downstairs neighbors. You should be mindful of making loud noises, especially at night and early in the morning. Not only holding parties or playing musical instruments, talking loudly in your own room can often cause trouble with neighbors.

Q: The Air conditioning unit, which was installed before I moved in, has broken down. Who has to pay for its repair?

A: Who has to pay for the repair cost depends on whether the AC unit was supplied by your landlord as an initial appliance or left by the previous tenant of your apartment. The disclosure statement provided at the time of signing the contract spells out which appliances are included as initial appliances. Should any initial appliance become broken or damaged, you cannot repair it on your own but rather should contact your landlord to seek his/her instructions. However, there is an exception to this, such as if the landlord fails to take care of the issue in a timely matter or the tenant is in an emergency situation. In this case, it is possible that the tenant can repair it with their own discretion. Your landlord may ask you to pay for the cost if you break any initial appliances due to your own carelessness. If the appliance was left by the previous tenant, you will have to pay for it to be repaired by yourself.

Q: I moved out of my apartment unit. The landlord demanded I pay expenses outside of the deposit to cover the cost to repair holes in the wall. Should I pay for this?

A: As a tenant, you are required, except for normal wear and tear, to restore the property to its initial condition before you leave. The tenant is responsible for and may be required to compensate the landlord for the actual cost of any damage arising from the tenant’s willful or unintentional negligence or carelessness. If you paid a deposit in advance, usually it can be used to compensate for the repair. The tenant is also required to remove all their belongings from the rental property before moving out. However, the tenant is not liable for damages from normal wear and tear of the property. The Ministry of Land, Infrastructure, Transport and Tourism has released guideline to define and give general guidance to rental property issues involving the tenant’s obligation to restore the property to its initial condition at the time of terminating the lease contract.

If you are having any issues regarding returning the property to its initial condition, you can get free legal consultation at your municipal office to get a good idea about where you stand on the matter and accordingly take your case to arbitration sessions at a Summary Court. You can also use Alternative Dispute Resolution (ADR) for reconciliation or arbitration.

Q: If I have other questions about housing, where can I get help?

A: Besides the questions posed above, the Osaka Prefectural Housing Consultation Office can answer a variety ofhousing-related questions. Consultations are free of charge. Foreign residents can seek advice from them in theirown language by using interpreters from OFIX.

Tel: 06-6944-8269
*Foreigner residents may also call OFIX directly at 06-6941-2297
Address: Osaka Prefectural Government Annex 1F, 3-2-12 Otemae, Chuo-ku, Osaka
Office hours: 9:00–12:00, 13:00–17:30
Weekdays only (except national holidays and year-end and New Year holidays)