Questions: Am I okay? Can I sue the management company for losing my contract? I know it’s ridiculous, but I gotta shoot my shot, maybe get some rent money back.
Background: Been living in an apartment for a while now and recontracted in July of last year. The property changed management companies and in the move they lost my contract. At first the new management company asked me to sign a new contract but I asserted that my existing contract lasts until June of this year. They asked to see it, and I told them to check their records, they should have a copy. Now the previous management company is requesting that I resign my contract from July of last year, it seems they lost the copy of my current contract in the transition. I told them to check their records because they should have a copy, as I do mine from last year. In response the old management company sent an email threatening to evict me when my current contract ends, lol.
I’m fairly certain I’m fine, and they just need to trust that I’m going to abide by the original agreement that they no longer have a copy of. However both of these companies have given me such grief I’d like to explore if it’s possible to recuperate rent I’ve paid these past 7 months for which they do not have any record of our rental agreement. It would total a sum of about ¥350,000. Is it worth it or do I just keep my head low? Any legal advice or references to a professional I could consult with would be greatly appreciated. I speak Japanese but an English consultation would be much smoother.
8 comments
First thing first. There’s nobody to sue right now because there are no damages right now.
Second thing second. You don’t actually know if they lost you contract. All you know is what they said happened.
In terms of the duration of your lease, it’s hard to imagine they don’t have any other documentation. For example, their bank records will show when they received payments, which will give them an approximate day, and any company with half a brain would keep records of what days they gave you keys. Even if they don’t know exactly what day the lease began, certainly they can get a rough idea using only their own records.
I’m not sure why you don’t want to send them a copy of yours. What is the angle you’re trying to play here?
They lost the contract, so they want you to sign a new one. The other option is you can keep your old contract, but you need to give them a copy of it. I think this sounds reasonable to me, so why do you need to sue them?
No, you cannot sue them. Why would you be able to get your rent money back after you’ve lived in it?
You won’t win a lawsuit unless you can prove damages.
Even if they physically lost your paper contract that doesn’t render it null and void as there is still probably sufficient evidence that some rental agreement existed, i. e. Bank statements, record of payments. You won’t get 7 months of rent back because they didn’t defraud you in any way either.
If you want to be an arse, you could probably claim no evidence and you don’t “recall” of any exit or cleaning fees if you are certain they really did lose your contract and you also “lost” yours.
Being butthurt is not valid grounds for suing
> I know it’s ridiculous
Yes, you are being ridiculous. Stop being a dick.
“Sue” doent work like other country here in Japan.
Just show your old contract copies to them and explain the matter. Case closed.
I think OPs angle is that if they claim his old contract doesn’t exist and he needs to sign a new one, he could claim he wants his money back because they have no right to it if they don’t have a copy of the contract. OP is being a dick because they are being dicks to him threatening eviction.
I don’t know why they don’t try to meet OP in the middle or try to piece together his contract from his payments.