Results Announced for 'Legal Concerns Campaign' on Official X of Lawyer Insurance Comparison Site 'Bengoshi Hoken STATION'! Lawyers Provide In-Depth Answers to Real-Life Legal Issues Including 'Move-Out Fees,' 'Power Harassment,' and 'Porch Piracy'

Element Corporation (Headquarters: Kawasaki City, Kanagawa Prefecture; CEO: Tsutomu Kondo) announces the publication of legal responses from attorney Izumi Nakazawa to five selected participants in the 'Legal Concerns Campaign' conducted on the official X (formerly Twitter) account of its lawyer insurance comparison site, 'Bengoshi Hoken STATION' (https://bengoshi-h.info/).

In this initiative, attorney Izumi Nakazawa addressed real-life legal questions that many people face in modern society, including labor disputes, neighbor conflicts, move-out costs for rental properties, and the increasing issue of porch piracy, providing clear explanations and practical advice.

Starting today, the responses to each concern will also be shared sequentially on the official X (formerly Twitter) account.

Official X (formerly Twitter) account: [Link]

Don’t Ignore Everyday Anxieties—Seek Expert Wisdom

Many people experience situations in daily life where they feel something is unfair but hesitate to consult a lawyer, wondering, 'Is this legally acceptable?' This campaign created a space where people could anonymously share these 'pre-consultation anxieties' in a low-pressure environment.

The submitted concerns were highly realistic, reflecting current social trends. By providing concrete coping strategies and mental preparedness from a legal expert’s perspective, the campaign aimed to make the law feel like accessible, practical knowledge for self-protection.

Attorney Response Report (5 Selected Cases)

① [Labor Issue] Long Overtime and Resignation Delay from an Emotional Supervisor

I work as a full-time employee. Before joining, I was told, 'Overtime will be around 30–45 hours per month, even during busy periods.' However, about a year after joining, staff reductions occurred, and I’ve had over 70 hours of overtime for several months.

Feeling mentally and physically drained, I submitted my resignation. My supervisor responded, 'Please don’t leave for at least six months.' When I insisted on leaving, they said, 'Let’s talk again after some time,' delaying the process.

My supervisor tends to be emotional, and I’m worried that pushing for resignation might lead to unfair treatment.

What should I do in this situation?

Attorney Nakazawa’s Response and Advice

A full-time employee (under an indefinite-term contract) can resign without the company’s consent after giving two weeks’ notice (Civil Code Article 627).

You are not obligated to comply with requests to delay resignation or postpone discussions. To ensure your resignation is effective, clearly communicate your intent in writing.

If you’re concerned about unfair treatment, keep records of all interactions and consider consulting internal HR or external agencies. Note that even if handover tasks are incomplete, the company cannot legally refuse your resignation or hold you liable solely for that reason.

② [Labor Issue] Consulting a Lawyer About Power Harassment Before Any Actual Harm (e.g., Leave of Absence, Pay Cut)

At work, I’m experiencing treatment that makes me wonder, 'Is this power harassment?' My supervisor doesn’t seem malicious, but I’m mentally exhausted and dreading going to work.

I haven’t taken a leave of absence or had my salary affected yet. Is it acceptable to consult a lawyer at this stage?

Attorney Nakazawa’s Response and Advice

Yes, it’s perfectly acceptable to consult a lawyer at this stage. Whether behavior constitutes power harassment isn’t determined solely by whether the supervisor had ill intent.

For example, if a superior uses their position to make remarks or take actions that go beyond necessary work-related guidance and cause significant mental distress or make the workplace unbearable, it may qualify as power harassment.

Therefore, even before actual harm like leave or pay reduction occurs, there’s strong justification for seeking legal advice as soon as you feel 'going to work is difficult.' In fact, addressing the issue early by organizing facts and considering responses can lead to quicker resolution.

※ Reference: Criteria for Determining Power Harassment

Power harassment is generally assessed based on three factors:

① Conduct based on a superior-subordinate relationship

② Conduct exceeding the necessary and reasonable scope of work duties

③ Deterioration of the employee’s work environment

③ [Neighbor Dispute] Noise from Upper-Floor Tenant and Unresponsive Property Management

The footsteps and nighttime noises from the tenant above my apartment are so loud I can’t sleep. I contacted the management company, and they posted a general notice to all residents, but there’s been no improvement.

I’m afraid to confront the neighbor directly. Is there nothing more I can do?

Attorney Nakazawa’s Response and Advice

You’re not powerless. First, request the management company to individually warn the upstairs tenant. Even if one warning doesn’t work, repeated follow-ups are crucial.

Management companies have a duty to provide tenants with a good living environment, and ignoring complaints is unacceptable. If no improvement occurs, consider contacting the Japan Federation of Property Management Associations (a public interest incorporated association) or a lawyer experienced in real estate disputes.

Legally, if the noise exceeds the 'tolerance threshold' (the level society expects individuals to endure), you may have grounds to claim damages or seek an injunction.

④ [Move-Out Issue] Excessive Move-Out Fee Over 200,000 Yen Requested Upon Leaving

When moving out of a rental apartment I lived in for two years, the management company charged me over 200,000 yen for 'wallpaper replacement' and 'full-unit cleaning.'

I don’t smoke and only lived normally. Do I have to pay the full amount?

Attorney Nakazawa’s Response and Advice

You likely don’t need to pay the full amount. Normal wear and tear or aging (natural deterioration) should be covered by the landlord, not the tenant, who has no obligation to restore the property to its original condition (per Ministry of Land, Infrastructure, Transport and Tourism guidelines).

This is especially true if you don’t smoke and lived normally.

Wallpaper, for example, has a typical lifespan of six years. After two years of tenancy, your share of the cost should be proportionally reduced. Even if the contract includes a cleaning clause, it may be invalid if the cost burden is unclear or unreasonably high. First, request a detailed cost breakdown and carefully review the itemized expenses. If unsatisfied, consult a lawyer.

⑤ [Porch Delivery Issue] Package Stolen After Specifying 'Porch Delivery'

I ordered an item online and specified 'porch delivery,' but when I returned home, the package was gone, with no trace nearby, and the delivery app showed 'delivered.' It was likely stolen.

In this case, who can I hold legally responsible—the online store, delivery company, or apartment management?

Attorney Nakazawa’s Response and Advice

Generally, it’s difficult to hold the online store, delivery company, or apartment management legally liable if you personally chose 'porch delivery' and the delivery was completed as specified.

Delivery companies are generally considered to have fulfilled their duty once the package is delivered as instructed. Online stores like Amazon are not directly responsible for individual store transactions, and apartment management companies have no legal obligation to monitor packages unless they’ve explicitly agreed to do so.