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Old Dec 5, 2017 | 4:03 pm
  #35  
mjm
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Join Date: May 1998
Location: Tokyo, Japan (or Vienna whenever possible)
Posts: 6,956
Originally Posted by 5khours
Please read my posts carefully.
Yes, I did and am still chuckling. But I think I get it now. With all the incorrect and inaccurate statements and the clearly one-sided “boo-hoo I cannot rent out my apartment illegally anymore” stuff, tThis likely a troll. I will wind it up with this post I think.
Originally Posted by 5khours
1. It doesn't matter whether HOA rules are actionable since most HOA agreements don't contain provisions on sub-leasing.
Would love to see the database that shows most HOAs and terms. My own direct experience shows subleasing whether yay or nay is a standard clause.
Originally Posted by 5khours
2. My experience is recent and if you believe it's easy to get a super-majority to change HOA agreements, I have a bridge for sale.
Yeah, mine is pretty current too. ;-) And as far as easy, no. Not easy. But not hard either. Just a process.
Originally Posted by 5khours
3. The discussion of sub-leasing was in respect to HOA agreements. If you're talking about tenants in the same breath, you're not talking about HOA agreements, you're talking about a rental property.
Many condos in Japan are not lived in by the owner and leasing agreements can be created. These would be subject to the rules in the HOA guidelines. So yes, both actually.
Originally Posted by 5khours
4. Nor does it make them enforceable. Provisions in residential lease agreement are often both illegal (as adjudicated by the courts) and unenforceable. If they were enforceable, there would be no need for the new legislation the government is trying to jam down the public's throat. E.g if a rental agreement does not confirm to the terms of the fixed term lease law, it doesn't matter what the agreement says about termination, it's unenforceable. And for that matter as far as I'm aware the legality of the termination provisions in fixed terms leases have not been fully adjudicated.
Probably best not to put that misleading info out there. Lease agreements, when written within the parameters of the law, are entirely enforceable.
Originally Posted by 5khours
8. Again give me an example where a tenant has been sanctioned (court fines, judgments, evictions) in a way that could force compliance with rules. Why do you think the rental companies all use Recruit, Orix, etc. to bully tenants into submission with daily nuisance calls to their homes and workplaces.
Is that what rental companies do? Hmmm…. Have not heard of that. As for providing examples, no, those are between the resident, the landlord and the courts. To infer that they do not exist is absurd.

As has been stated upthread, if one opts for AirBnB, a reputable and well-known choice of residences will be wise.
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