Nicotine Staining and Move-Out Charges in Japan (2026): How to Read the MLIT Restoration Guidelines

What "restoration to original state" means under Japanese law

Article 621 of the Civil Code obliges a tenant to restore damage arising after taking delivery of the property when the lease ends — but the article expressly excludes "wear and tear of the leased property arising from ordinary use and profit-taking, and ageing of the leased property", and does not apply where the damage is due to causes not attributable to the tenant (source: e-Gov https://laws.e-gov.go.jp/law/129AC0000000089). The guidelines follow the same line, defining restoration as repairing loss or damage caused by the tenant's wilful act, negligence, breach of the duty of care of a good manager, or other use exceeding ordinary use. Their Q&A states plainly that restoration "does not mean the tenant returns the property to the state at move-in".

The landlord's basis, and the tenant's counterpoints

• Landlord side: the guidelines classify nicotine staining and odour under category B — things that arise or not depending on how the tenant used the property — and note that where smoking is prohibited under the lease, smoking is also considered a breach of the agreed manner of use
• Landlord side: air conditioner interior cleaning is described as appropriately borne by the landlord "unless odour from smoking or the like has adhered", which is why it sometimes appears on a smoker's bill
• Tenant side: whole-room charging is qualified by the word "only" — it applies where the wall coverings throughout the room are affected, not where a single wall is
• Tenant side: the normal unit is per square metre, with charging up to the single wall face containing the damage described as unavoidable at most
• Tenant side: for wall coverings, the share is calculated against a line reaching a residual value of one yen at six years, so a longer tenancy means a smaller share of the same replacement cost
• Both sides: loss from force majeure such as an earthquake, or caused by an unrelated third party such as an upstairs resident, is expressly stated not to be the tenant's to bear

All of the above are from the guidelines themselves (https://www.mlit.go.jp/jutakukentiku/house/torikumi/honbun2.pdf). The practical consequence is that arguing over the headline total rarely gets anywhere. What moves a conversation is asking three questions of the itemised quote: which surfaces, charged at what unit, and with what depreciation applied for the length of the tenancy.

Special clauses in the lease

Many Japanese leases contain a clause making cleaning or nicotine damage the tenant's responsibility. The guidelines caution that a clause imposing repair obligations for ordinary wear or ageing places a new obligation on the tenant beyond what law and social convention require, and that its effect may be contested unless three conditions are met: an objective and reasonable ground exists, including that the clause is necessary and not exploitative; the tenant is aware of bearing obligations beyond ordinary restoration; and the tenant has expressed an intention to assume them. The guidelines also cite a Supreme Court holding that such an agreement must be clearly reached, with the scope specifically stated in the contract or explained orally and clearly understood. Whether a given clause holds up depends on the facts, so bring your contract to a qualified professional rather than relying on a general summary.

A case the guidelines summarise

The guidelines include a case digest of a 21 January 2009 judgment of the Amagasaki Branch of the Kobe District Court. As summarised there, the court found the discolouration was mainly caused by nicotine from smoking and could not be removed by cleaning, so it was damage beyond ordinary wear; full replacement was the only repair; but the tenant bore only the amount remaining after deducting the depreciation attributable to ordinary wear, put at 90 per cent. The court also observed that smoking inside the property was not itself a breach of the duty of care of a good manager, because the lease did not prohibit it. That was a decision on those facts, over a tenancy of more than seven years, and does not determine other cases. For the checklist that applies while you are still renting, see our renting-as-a-smoker checklist, and for balcony smoking specifically see the balcony smoking explainer. If you need somewhere to smoke outside the flat, the MottoSuitai smoking area map shows designated spots near you.

Where to get help

Japan's Consumer Affairs Agency operates the nationwide Consumer Hotline on 188, which connects callers to a nearby consumer affairs centre or consultation desk; it is available on most days apart from facility inspection days and the year-end holidays, consultation is free, and call charges apply from the point of connection (source: https://www.caa.go.jp/policies/policy/local_cooperation/local_consumer_administration/hotline/). The Japan Legal Support Center, known as Houterasu, provides information services and civil legal aid including free legal consultation and advance payment of lawyers' fees, with a support dial on 0570-078374 (weekdays 9:00–21:00, Saturdays 9:00–17:00; source: https://www.houterasu.or.jp/). Eligibility and hours should be checked on the official sites. This article is a third-party summary of primary sources as of August 2026, is not legal advice, and does not evaluate any particular bill.