How much “power” does the 保証人 for an apartment have?

Japanese wife and I are on our last leg. The fighting is constant now and it’s getting uglier by the day. She started breaking things and screaming at me to leave. I told her I’m not, as my name is on the lease (hers is not) and I pay all the rent and utilities, so if anybody should leave it should be her. She laughed and said “my dad is the 保証人. You have no power. He can kick you out. Who are the police going to listen to, a Japanese person or a foreigner?”

So obviously, I’m going to go to my landlord and ask to change to a 保証会社 if possible. I’ve always paid my rent on time and have not had any complaints against me. I guess my question is, if I can’t get it changed, what power does her dad actually have? He’s not a bad guy. He doesn’t dislike me and we get along fine so I don’t think he’d kick me out, but obviously if he has to choose then he’s gonna choose his daughter.

In the the States, a co-signer basically has no power. They’re just a backup in case somebody doesn’t pay rent, but my wife makes it seem like a guarantor is much more powerful here. Any advice would be helpful.

11 comments
  1. My understanding is that the 保証人 doesn’t have any power. He’s just there to be financially responsible if the renter stops paying the rent or doesn’t pay the cleaning/repairs when the contract ends. He can’t kick you, change the contract or anything else.

    If anything, you’re the one who has the upper hand on this, because if you stop paying then the landlord will go to him to ask for the money.

  2. She speaks the bullshit.

    The worst he can do it stop being your guarantor. Shouldn’t be too difficult to switch to a company.

  3. I don’t believe he has any power, and he definitely cannot cancel your lease, because the lease was made between you and the leaser.

    Also if I’m not mistaken, he can’t unilaterally stop being your 保証人; it would have to be discussed between him, yourself and the leaser. Not changing the 保証人 would be more beneficial for you, but you could also use it in negotiations with her family, like “I’ll change the 保証人 if she moves out”.

    I hope you’re okay as you can be in this situation, OP.

    Edited for clarity.

  4. You are totally correct in your perception, but you should just give up the apartment payments, close the bank account, and move her somewhere else, as she wants to do. And then tell her father why you had to do such a thing, so the bill won’t be passed around to you.

  5. He doesn’t have power but he can refuse to sign on renewal, in that case you need new one. If you are employed in a company it shouldn’t be a problem.

    But I suggest you come to an agreement with your wife on separating peacefully to avoid further trouble. Since she seems wanna play the gaijin card. Keep records of everything such as receipts of utilities.

  6. Whilst it might be tempting to fight, now you know it is over is the time to act on logic instead of emotion.

    Time to start chatting logically about who is going to live where and singing a mutual separation instead of going through the courts for divorce.

  7. Guarantor promises landlord that they will financially take responsibility for the damages you cause. If the guarantor decides to back out, you find another one. The guarantor only steps in to take financial responsibility when you can’t pay the landlord. Guarantor has no say in any of this as long as you’re a paying resident.

  8. Tell her you’ll leave in a month. Also, the same day put in a month notice to your landlord that you’re ending your lease.

  9. Maybe next time she starts smashing up the apartment, remind her that as the guarantor her dad is on the hook to pay for it.

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