Why "Approximately 3 Years"?
The MLIT guidelines set the disclosure period for rental transactions at "approximately 3 years." This standard was established based on trends in past court rulings.
Rental properties are premised on tenant turnover, and it is considered that the impact of the psychological defect diminishes considerably once a certain period has passed and other tenants have resided in the property during that time.
However, as the word "approximately" indicates, this is not a strict time limitation. Depending on the nature of the incident and the extent of its social impact, disclosure may be required beyond the 3-year period.
Disclosure Period Guidelines by Incident Type
| Incident Type | Rental | Sale | Notes |
|---|---|---|---|
| Natural death / illness | No disclosure required | No disclosure required | Except when specialized cleaning was needed |
| Daily-life accidental death | No disclosure required | No disclosure required | Falls, drowning, choking, etc. Excludes prolonged non-discovery |
| Suicide | Approx. 3 years | No time limit | May extend beyond 3 years for high-profile cases |
| Solitary death (with specialized cleaning) | Approx. 3 years | No time limit | Applies even when cause of death was natural, if body was left undiscovered |
| Homicide (murder) | No limit | No limit | Disclosure required regardless of years elapsed |
| Fire death | Approx. 3 years | No time limit | May be treated as homicide in arson cases |
What Does It Mean When the Disclosure Obligation "Expires"?
Even after the disclosure obligation period has passed, the fact that someone died in the property does not disappear. What the guidelines indicate is that the real estate agent's obligation to disclose no longer applies.
The Significance of JikoDB
Even after the disclosure obligation period has passed, many people still want to know about a property's history. JikoDB lists confirmed information regardless of whether a disclosure obligation currently exists. This enables buyers and tenants to make informed decisions based on available information.
In other words, precisely because the disclosure obligation expires after 3 years, third-party databases like JikoDB play an important role. Even when real estate agents have no disclosure obligation, they serve the needs of consumers who want to make decisions based on a property's full history.
Important Points to Note
1. When the Buyer Asks Directly
Even after the disclosure period has passed, if a buyer or tenant asks directly, the real estate agent must not give false answers about information they possess. They can respond with "I don't know," but if they answer "No incidents have occurred" while knowing otherwise, they may be liable for a disclosure violation.
2. Cases with Significant Social Impact
For cases that became widely known through media coverage, disclosure may be required even beyond the guideline's standard period. So-called "cases with significant social impact" are assessed on a case-by-case basis.
3. The Guidelines Do Not Bind Courts
These guidelines are administrative guidance and do not bind court decisions. In actual litigation, courts may reach different conclusions after considering the specific circumstances of individual cases.
Disclosure Obligation Period Display on JikoDB
JikoDB displays the "remaining disclosure obligation period" on each property's detail page. This is an estimated display based on the number of years elapsed since the information was registered, calculated using the following rules.
| Display | Condition |
|---|---|
| Disclosure required (approx. X years remaining) | Less than 3 years since registration (for rentals) |
| Disclosure period has passed | 3 or more years since registration (for rentals) |
| No time limit for sales | Subject to disclosure regardless of years elapsed for sales transactions |
* The displayed information is reference material based on the guidelines. The actual presence or absence of a disclosure obligation varies depending on the nature of the incident and the type of transaction.
Related Pages
* The content of this page is a general explanation based on the MLIT "Guidelines for Disclosure of Deaths by Real Estate Agents" (October 2021). It does not constitute legal advice.