Imperial Ordinance No. 704 of October 16th of 1939 (14th year of Showa)
Article 1.
The control over the rent for land and houses as exercised by virtue of the provisions of Article 19 of the National General Mobilization Law (inclusive of the cases falling within the purview of Imperial Ordinance Number 317 of 1938, same context following) shall be governed by the provisions of the present ordinance.
Article 2.
What is herein referred to as "leased-land" shall be such lands as are leased for the purpose of owning houses erected thereupon or upon which superficies are created for similar purposes and what is herein referred to as "leased-house" shall be a house leased for rent (inclusive of a room forming a part of the building).
Article 3.
The lessor of the land or of the house (hereinafter to be referred to simply as the lessor) shall not determine the rent for land or house in excess of such rent for land or house as mentioned in any of the following numbers with respect to the leased-land or leased-house, with the exception of the cases where there are causes specified by the Minister of Welfare, and the prefectural governor's permission therefor has been obtained, that is to say:
1. As for those contracts which were existing as on August 4th of 1938 (the 13th Year of Showa) and under which the rent for land or house are specified, the rent for land or house of that day (if they are unascertainable, such rent for land or house as has become ascertainable for the first time as after that day), provided, however, that as for the cases where the rent for house has been altered due to extension or repair as after August 5th of 1938 (the 13th Year of Showa) and prior to the present ordinance coming into operation, such rent for house as was determined for the first time subsequently to the completion of such extension or repair;
2. If, in cases not falling within the purview of the preceding number, the rent for land or house has been specified as after August 5th of 1938 (the 13th Year of Showa) and prior to the present ordinance coming into operation, such rent for land or house as was determined for the first time as after that day (if they are unascertainable, such rent for land or house as has become ascertainable for the first time), provided, however, that as for the cases where the rent for house has been altered due to extension or repair as after that day but prior to the present ordinance coming into operation, such rent for house as was determined for the first time subsequently to the completion of such extension or repair;
3. If, in cases not falling within the purview of the preceding two numbers, the rent for land or house has been specified as after the present ordinance coming into operation, such rent for land or house as was determined for the first time after the present ordinance came into force.
Article 4.
When the prefectural governor considers the rent for land or house mentioned in the proviso to Number 1, Number 2 or Number 3 of the preceding Article to be conspicuously unreasonable, he may order the lowering of that rent for land or house.
The rent for land or house that was lowered in pursuance of the order of the prefectural governor of the preceding paragraph shall, in so far as the application of the provisions of the preceding Article is concerned, be deemed as that rent for land or house which is prescribed in the respective number of said Article.
Article 5.
When the prefectural governor intends to permit or to order in accordance with the provisions of the preceding two Articles, he shall refer the matter to the Commission for Investigation of Land and House Rent.
The regulations concerning the Commission for Investigation of Land and House Rent shall be made separately.
Article 6.
The lessor may not, on whatever pretext as it may be, demand of the lessee of the leased-land or the leased-house (hereinafter to be referred to simply as the lessee) for any property benefit, except as stipulated in the contract for the leased-land or leased-house, with a view to evading the application of the present ordinance.
Article 7.
When deemed necessary, the prefectural governor may, in accordance with the provisions of Article 31 of the National General Mobilization Law, take a report on the leased-land or leased-house from the lessor or the lessee, or may send the officials concerned to the leased-land, leased-house or any other places, within the time from sunrise to sunset, for the purpose of inspection thereof and of examination of their condition or of the contracts for leased-land or leased-house or of any other matters or things pertaining to the leased-land and/or leased-house.
In case the officials concerned are sent for inspection or examination in accordance with the provisions of the preceding paragraph, they shall carry with them a certificate in proof of their status.
Article 8.
The provisions of Articles 3 to 5 shall, with necessary modifications, apply to security-money, burden for repair, and/or any such term for lease of land or house as are specified by the Minister of Welfare other than rent for land or house.
Article 9.
The present ordinance shall not apply to cases of the "leased-house" or the "leased-house" where the State or the prefecture is the lessor.
Article 10.
The term "Minister of Welfare" as mentioned in the present ordinance shall mean the Governor-General of Chosen in the case of Chosen, the Governor-General of Taiwan in the case of Taiwan, the Governor of the Government of Karafuto in the case of Karafuto, the Governor of the Government of the South Sea Islands in the case of the South Sea Islands, and the term "prefectural governor" prefectural governor of the Government-General of Chosen in the case of Chosen, the prefectural governor of the Government-General of Taiwan or the governor of it detached government in the case of Taiwan, the governor of the Government of Karafuto in the case of Karafuto, and the Governor of the Government of the South Sea Islands in the case of the South Sea Islands, and the term "prefecture" the prefecture in the case of Chosen, the prefectural office in the case of Taiwan and the Local Administration Account of the South Sea Islands in the case of the South Sea Islands, and the term "August 4th of 1938 (the 13th Year
of Showa)" shall mean December 31st of 1938 (the 13th Year of Showa) in the case of Chosen, September 18th of 1939 (the 14th Year of Showa) in the case of Taiwan, Karafuto and the South Sea Islands, the term "August 5th of 1938 (the 13th Year of Showa)" shall be January 1st of 1939 (14th Year of Showa) in the case of Chosen and September 19th of 1939 (the 14th Year of Showa) in the case of Taiwan, Karafuto and the South Sea Islands.
The provisions pertaining to the Commission of Investigation of Land and House Rent shall not prevail in the cases of Chosen, Taiwan, Karafuto and the South Sea Islands.
Additional Provisions
Article 11.
The present ordinance shall be enforced as from October 20th of 1939 (the 14th Year of Showa), provided, however, that the same shall be enforced as from October 27th of 1939 (the 14th Year of Showa) in the cases of Chosen, Taiwan, Karafuto and the South Sea Islands.
Article 12.
The present ordinance shall be effective until October 19th of 1940 (the 15th Year of Showa), provided, however, that as for the application of the penal clauses to an act committed as on or before the said day the present ordinance shall remain in force even after the said day.
Article 13.
In the case of the leased-land or the leased-house of which such rent for land or house as prescribed under Number 1 or Number 2 of Article 3 has been raised prior to the present ordinance taking effect, the lessor shall, in accordance with the specifications of the Minister of Welfare, restore to such rent for land or house as prescribed under Number 1 or Number 2 of Article 3 in respect of that part of such rent as falls due as on or after November 1st of 1939 (the 14th Year of Showa).
Article 14.
The provisions of the preceding Article shall not apply to the rent for land or house which has been raised by the trial of the court, the arbitration in court or mediation under the Law for Mediation of Leased-land and Leased-house rendered as on or after
August 5th of 1938 (the 13th Year of Showa) and prior to the present ordinance taking effect, the same applying to the rent for land or house which has been raised in the process of the court, the arbitration in court, mediation under the Law for Mediation of the Leased-land or Leased-house or in the cases governed by the provisions of Article 2 of the Law for Temporary Adjustment of Leased-land and Leased-house that were actually pending at the time when the present ordinance became effective.
The rent for land and house that was raised by trial, arbitration or mediation of the preceding paragraph shall, in so far as the application of the provisions of Article 3 is concerned, be deemed as the rent for land or house as mentioned in the principal part of Number 1 of said Article.
Article 15.
The provisions of the preceding two Articles shall apply to security-money, burden for repair, and/or any such term for lease of land or house as are specified by the Minister of Welfare other than rent for land or house with necessary modifications.
(For reference):
Extracts from Law No. 16: the Law for Temporary Adjustment of Leased-land and Leased-house as promulgated on July 22nd of 1924 (the 13th Year of Taisho):
Article 2.
When the rent for land or house or the amount of the security-money or any other term for lease of lands or houses is deemed to be conspicuously unreasonable, the court may, upon the application of the party concerned, order the revision of that term in order to render the relations of leasing of lands or houses equitable after referring the matter to the consideration of the Commission for Appraisal, in which case the court may order that the security-money and/or any other prestation of property shall be returned or may deem the particular prestation as the advance payment of the rent for land or house or may otherwise order any other adequate disposition.