I currently live with my Japanese partner, and we are mutually feeling like this relationship won’t work out. We’ve been together 3 years; living together since earlier this year. My name is the main one on the contract, her family member is the guarantor. I would like to stay in the apartment (I doubt she could afford it by herself), but I’m anticipating an argument about who has to move out and under what timescale. As the primary person on the contract, what power (for lack of a better word) do I have? I would want her to move out before the end of the contract without breaking the contract myself. What would you do in this situation? What *could* you do? Thanks in advance for any responses.
Edit: the apartment is under my name, but her name is also on it. Does that make a difference?
Edit 2: I see I am getting a lot of responses from a moralizing standpoint. I assure you, I am not heartlessly trying to kick someone out of her living space over some disagreement. My gf initiated this process and has refused any attempt at de-escalation. Furthermore, we moved in together in the first place only because of immense pressure and guilt-tripping from her end. I don’t want to be made to move again after having been coerced into doing so less than 6 months ago. I am just trying to figure out what kind of power I have to avoid moving again.
12 comments
Your name, your apartment. Doesnt matter that they are the guarantor. You could call the realtor and explain that youd like to remove said person as the guarantor. But its not really needed. Just mention on next renewal.
The person signing the guarantor has a responsibility to know what they are signing for. Just because daughter decides to end it doesnt excuse them from that responsibility and likewise doesnt require to change the contract. Your dating the daughter has no relevance to the guarantor conditions and contract.
“but I’m anticipating an argument about who has to move out ” – so I’d move out. Why I’d want to live in a place where my ex and her family know the address? Think about eventual problems that could come up because of that, now think about your mental health, Is it worth it?
•Edit: and by the way you kind of described her in your edits, yeah if I were you, id be outta there asap. Pick your battles, that place will be like the enemy’s territory.
Both of you need to move out of there.
Forgive my ignorance because of course I am missing some of the facts/reasons behind this, but at first glance it looks like instead of offering to move out and find somewhere you would rather kick a woman out and have her fend for herself.
That sounds incredibly harsh but again please tell me why I’m wrong here haha.
This is the risk of moving in together. She and her family are guaranteeing the apartment so from her perspective why should her family take the risk of you staying?
I think you have limited options (and the second and third ones are not likely to work):
1) You both move out (and there may well be penalties for breaking the lease)
2) You talk to the landlord/agent about removing the family and girlfriend from the lease. Likely, at best, they will ask you to provide a replacement guarantor (and probably charge a month’s rent for their troubles).
3) You pre-pay the remainder of the lease and agree to move out at the end of the current lease.
I think it might be best though to bite the bullet and both move out.
I believe your partner is only registered as a roommate, not as a contractor, and has no legal responsibility. You can de-register it. You probably do not even need her consent.
However, neither you nor your guarantor has the right to change the guarantor. All you can do is request it. You must provide a replacement guarantor and the landlord must agree to it. You may need a Japanese guarantor who is solvent.
If the landlord does not accept the guarantor change, your current guarantor must continue to do so. Even if you have broken up with your partner. If that is unacceptable, you would have no choice but to terminate the contract for your current room.
Well if your the one who signed the apartment and she is just registered as someone who lives there with you (like a roommate) then you can kick her out. Happened to us when I moved out of the apartment, my bf and I were living together but since I was the primary tenant (the one who signed) the property management asked my bf to move out within a month because he can’t live in the apartment without me.
Go talk to your owner/agency and ask them your options ? It would be the nice thing to do in regard to the guarantor, since they might not want to extend their guarantee after your breakup
Hmmmm a dilemma indeed, I get the other points of both needing to move out, but she has a safety net, it’s her country and she has family support. Where as you have zero support and if you get stuck, you are potentially fucked, you have PR? On a VISA? These things need to be weighed. Maybe if you explain it to her, she might be compassionate.
My current situation is almost exactly the same, minus the contract / guarantor part. I feel your pain, this is not a great scenario to find yourself in. In my case, I have decided that the cleanest solution is for both of us to move out in a few months’ time.
Well I think it would all start from having the conversation with her first to see if you two can come to an agreement where she moves out and you stay. Then maybe you can ask the landlord to replace the guarantor with someone else.
If an agreement can’t be made amicably, then it’s probably better to both move out to save the hassle.
Okay, if I was living with someone and they wanted me to move out of “their” apartment, they would absolutely be paying the fees for me to leave.
If you like the place that much, offer her the moving fees and a few months rent and see if she’s comfortable with accepting that. Otherwise you don’t seem to have a leg to stand on (morally, not legally, but I don’t think this would be worth taking her to court over.)