Philippine law is generally PRO-LANDLORD in the luxury segment but it is NEUTRAL as between landlord and tenant for the rest of the market.
Parties can freely negotiate rent in all segments of the market as the Rental Reform Act of 2002 expired in 2004.
The landlord and tenant can negotiate any deposit they wish.
By custom in upper-end condominiums, rents are paid in advance with post-dated cheques for the duration of the lease contract, usually 1 year. Contracts usually state security deposits worth 2-3 months’ rent. The deposit is returned one month after the end of the tenancy, after deductions for repairs and unpaid bills have been made.
For the rest of the rental market, landlords typically demand one month´s advance rental and two months´ deposit. The deposit is usually used to pay the rent for the last month of the occupancy. Most of the time, the landlord is left with unpaid bills and repairs.
In the formal (luxury) market, the contract can be freely negotiated, and the conditions of the contract prevail.
If the tenant is still in the unit 15 days after the lease agreement has expired, and no notice has been given by either party beforehand, it is implied that the contract has been renewed but with a different term as determined by the courts.
In the lower end of the market, contracts are usually oral. According to the law, in these circumstances, the landlord can eject a tenant due to the following:
The tenant can terminate the lease agreement at any time. The tenant can also withhold rent payments, if the landlord refuses to make necessary repairs or fails to maintain the tenant in peaceful and adequate enjoyment of the property leased.
If the unit is condemned for demolition, a notice of 15 days is given to the tenants to leave the unit. If the landlord wishes to evict a tenant, he must file a case in court. Within 10 days, he can apply for a permit to reclaim the property. The court must decide within 30 days, notwithstanding appeals, counter appeals, delays, and other matters. The court would then order the Court Sheriff to assist the landlord in claiming his property.
EVICTION FOR NON-PAYMENT OF RENT
|Duration until completion of service of process||42|
|Duration of trial||97|
|Duration of enforcement||25|
|Total Days to Evict Tenant||164|
|Courts: The Lex Mundi Project|
Barangay (town) tribunals mediate in most landlord-tenant problems. If the problem is not resolved at the town level, the parties may go to court and endure a long and expensive trial. But the legal system is cumbersome. In practice the landlord’s success in evicting a tenant may depend on his influence in influencing the police (or local gang members) to apply pressure.
The Civil Code of the Philippines [Articles 1654-1688] provides a general guideline for the conditions of lease of rural and urban lands. The owner of the land or property, however, should be wary that the law contains provisions that in certain circumstances the “custom of the place” shall be followed. For a country with almost 60 ethno-linguistic groups, the custom may be unpredictable, especially in rural areas.
The Rental Reform Act of 2002 (Republic Act No. 9161) regulates rentals of residential units with rents not exceeding PHP7,500 (US$141) per month in cities, and PHP4,000 (US$75) per month in all other areas. It expired in 2004 but the provisions are generally still followed at the lower segment of the rental market.
#1 AL BATICAN | March 18, 2010
I would like to consult regarding our present situation, first of all we've been renting for 19 yrs now and it is our fourth landlord. curently we are paying less than the other units and our new landlord just started not collecting our rental, we were advcie by the caretaker that our unit will be repaired
and after we can rent again but a higher price. basically we didn't ask for repairs, we just do it on our own expense. do you fine this fair? what would be the best compromise? thank you.
#2 LITA C. | April 17, 2010
i would like to ask if the landlord has the right to padlock the rented apartment once the tenant is not paying their rent for 5 months? also their electricity has been disconnected a month ago and in addition to that their water bill arrived and the amount due is 1500+ the due date i will be on Monday April 10 2010... I am the caretaker of the said apartment and I'm afraid that they can't afford to settle all those payables... so the owner decided to padlock the unit...and will be available for entry when payment receive... is it allowable by the law? thanks
#3 ELAINE SANCHEZ | April 24, 2010
good day !I would just like to ask is it in the law that every year the lessor will increase their rental fee? and how many percent should be their increase? because in my own case our residential rental fee is 6,500 per month Philippine currency,then after a year they increased us of 10 percent. please help..thank you so much
#4 SHERWIN C. | April 25, 2010
@ Elaine, here is the answer/
Sec. 3. Monthly Rental and Maximum Increase. â€“ Beginning 01 January 2002 and for a duration of three (3) years thereafter ending on 31 December 2004, the monthly rentals of all residential units in the National Capital Region and other highly urbanized cities not exceeding Seven thousand five hundred pesos (P7,500.00) and the monthly rentals of all residential units is all other areas not exceeding Four thousand pesos (P4,000.00) shall not be increased annually by the lessor, without prejudice to existing contracts, by more than ten percent (10%).
#5 JOHN DELION | April 29, 2010
Excellent site, thanks. Question on long term lease of land:
Is it possible inside the lease contract or outside it, to have a promise to sell to present or future Lessee against payment of an additional amount (for example 500,000 Pesos indexed on official rate of inflation), if the Lessee is eligible to own land in Philippines?
Is it possible for the Lesse to "sell" or transfer his/her lease contract before end of the lease contract to a third party? If so, if the new Lessee is eligible to own property in Philippines, can this new Lessee acquire the property? I mean transforming the lease contract in a purchase/sale contract, to acquire l ownership of the property?
Many thanks again for your site
#6 RHYS | April 30, 2010
I would like to consult about our present situation. First of all, we have been renting the place for commercial purposes. We have been doing business for five years without so much problem from the owner. actually, we are not the only tenants that do the same. It has been agreed verbally and it's obvious that we have doing business...Now, the problem is that we, the tenants, received a letter from a law office, consented ( i dunno if it's the right word-consented )by our landlady telling us to vacate the place for 15 days,. We are not even notified!Three monthsâ€™ formal notice is not provided plus we have renovations in the our rented commercial place and the landlady has been aware of all the necessary renovations that we've made.The whole time that we made renovations, she didn't stop us from doing so...
Please help..my abundant tnx...
#7 ERIC KING | May 19, 2010
We live in Buho near Tagaytay, in an apartment. Our rent is 3,500 a month. We have been here two years, never have been late on rent or utilities. Our Landlord told us 2 months ago to vacate, because he needs his place for himself. 2 months is now up We haven't found a suitable place to move.
I went to pay the rent today, or to discuss an agreement to extend for another month or even half of a month. Our Landlord will not answer his door. We know he is upset. I see by your info here, that we have the right to a 3 month notice, in this case. Does this hold true? we are in Buho, Silang, Cavite. Our course our Landlord has more pull with the local Barangay than us.
What are our rights?
Thanks, Eric King
#8 IMEE DIZON | May 21, 2010
Hi,i would like to inquire and seek help.We are renting an apartment and the old owner sell the units.Were almost 3 years now in this apartment but we already buy a house and we want to use our advance payments like 1 month advance and 2 months deposits plus we have 3thousand deposit for water and electric.But the new owner is telling us that the old owner did not endorse anything to them.But when we heard that the old owner is selling the units we told them to endorse or tell to the new owner our advance payments so that they will know.Now my problem is we dont have a contract even the next door our neighbor dont have a contract we only have the receipt and states there the deposits and advance payment.Now,the new owner wanted us to pay for they dont want to honor our payments to the old owner.What is our right as tenant regarding this case?
#9 JANNA | May 23, 2010
Hi...our tenant had been renting for almost two years and half...He pays on time and never have problem with him...But my brother decided to get the property for personal use...the problem is., the tenant doesnt want to go even he already used the deposit.He is asking for 9 months before he will leave the house he rent.
#10 ANDREI FERNANDEZ | June 06, 2010
hi, would like seek some advice, we are renting appartment here in makati. me, my wife and my two freinds are sharing for the rent expense. now my two friends decided to move in other apartment. my wife and i decided to continue renting this appartment but our landlord want us to leave, he state that the one who signed the contract is one of our friend so if this friend of mine will leave we must also leave. when we got this appartment our landlord knows from the very first that we are four. this friend of mine who signed the contract is ex-employee of our landlord. being ex-employee, our landlord gave some previllage to us, he charge us for one month advance only no deposit at all. now that this friend of mine who signed the contract want to leave our landlord tell us that we must also leave. we dont have copy of the contract. do we have no right to stay? is it right to force us to leave by our landlord?
#11 FRANZ | June 12, 2010
can i ask r tenants obliged to pay the monthly dues of the HOmeowners Association..we were greatly surprised when a lady came r place and gave a letter saying that we owe P1,200 for 12mos monthly dues..cuz we were occupying the apartment for a year now...
is this legal....shudnt we have the right to waive this rules when the fact that were not HOME OWNERS as word implies..were just tenants.
hope to hear a response on this matter..thanks
#12 PAULMONTEJAR | June 13, 2010
How much is the allowable increase of the house rental from Php 7,500.00 after one year? The house is in NCR.
Also, if I want to use the house for personal use after the end of the one year contract, how will I notify the lessor? Should it be in writing and the document Notarized? How long can I require them to vacate? Thanks
#13 MIRASOL | June 14, 2010
we have contract for one year. But i dont want to finish it because it is not convenience anymore to live in. They will fix the ceiling but they ask me to pay for it. They will removed and put new materials plus the labor. Can I terminate my contract with my Landlord?
#14 ROBERTO VALENZUELA | June 22, 2010
Sir, I find your legal advise relevant in my present business undertakings. Sir, I have signed a contract of lease for commercial use for one year together with payment of the one month advance and one deposit. But after a month of use of the space, the lessor constructed a concrete gate with a permanent post in the middle to connect two steel gates when closing it. I cried foul considering that it will affect much the marketability of my products considering that is an auto supply store with repair shop. With this, I decided not continue my lease contract of the space.My question sir, Can I still get my one month deposit? The lessor said I cant get it anymore because the contract I signed stated that deposit is non-refundable. Is he right Sir? Appreciate your help sir.
#15 JASON TOTANES | June 23, 2010
Regarding increase in rental fee, I got a letter notifying me about a 7% increase effective July 2010 (as soon as I sign the letter...-which I havent signed yet)as mandated by the by the Law as indicated in their letter and according to the owner/care taker of the house. we don't know who the real owner is. on the notification letter, the person who lives in a small house attached to our house is the signatory however we were told that the house is owned by his brother who lives along our street.
my questions are:
-who are qualified to implement such increase?
-should they be FIRST registered in our local municipality and obtain a Mayor's permit/Business permit?
-are there any requirements that they need to show aside from the notification letter?
-who should be the signatory? the owner of the house or is it okay for the relative of the owner to be the signatory?
#16 JACQUELINE E. EBIO | July 01, 2010
What if , we already signed an agreement with the presence of an attorney in our baranggay, and our tenant also signed and aggreed on it, that if ever they failed to pay rent or electric bill, and water bill, we will give them 1mo. to vacate the place, but now they dont want to comply on that agreement,thus, we still have the rights to evict them, based on the agreement we agreed upon?
#17 IRENE ANGELES | July 01, 2010
Greetings! i'm into situation like, our contract were 2years effective june 1st 2009, 15k monthly rental.as stated in the contract 1mos deposit, 1 month rental and 12 months post dated checks as one year rental...suddenly new house owner arrived in our place june 28, 2010 and verbally saying we have to vacate the premises on june 30, 2010 because they owned it now...we don't have any idea that the old house owner whom we signed the lease contract sold the property to our neighbor. do the new house owner can evict us immediately like that? what action can we do to old house owner...
#18 CRISTINA MOJICA | July 04, 2010
Sir, i would like to ask for your advice. my family had rented a house and the son of the landlord asked 3months of deposit and 2k deposit for electricity. the day that we signed contract. i asked the section that says non-refundable. but the landlord said its just for formality. we were able to use 1month of the 3months deposit. is it really not refundable based on the law. since the contract was is not legalized contract
#19 MITCH | July 19, 2010
sir is right that the landlord shall add 3.5% if i fail to pay my monthly rental?and is it right that if there is something needed to be changed in the house or something got broken like the door or the faucet.,should i be the one to shoulder the expenses?
#20 NILO/JULY 21 2010 | July 20, 2010
sir a pleasant day im rent the appartment for more than ten years and im so close with the owner of the appartment i rented, sudddly the owner died oldage wat next the daugther take over the appartment she immidiaterly wanted to increase the rental went i ask her give me next year or time ant i told her our transaction she doest even hav formal invoiece of BIR i told her the bir will after all the iligal business she got angry she immediately went to her lawyer and the lawyer call me and say i have given 30days to vaccate and i ask the lawyer why what are the ground and she told me i threated the owner of the appartment and im asking help and advice is it rigth that they will just ask us to vaccate or what are the rigth law for this please help me... thanks more power
#21 ANN | July 22, 2010
in my contract with the landlord, all broken fixtures and missing items or damages shall be charged against my 2 months deposit. however, the landlord already informed me that when we leave by the end of the month (end of our contract), he will not give back our deposit or any amount because it will be used to repaint the house after we leave. since we did not damage anything except for the usual wear and tear of the house paint (we rented the place only for a year), we are expecting for a change but he is claiming that it is legal to forfeit the deposit fully. is it true? i was told after paying advance payment for 1 yr and 2 months deposit that the official receipt will be given next time we see each other since he forgot to bring it but i never got it.
#22 CRIS ABANGGAN JR | July 23, 2010
we are claiming 44 hectars property within cebu city.
the title belongs to our great great grand ancestors.we had tax delinguent of 13 million where the city gov. is now demanding us to pay.we been to court for declaration of hears but dismiss for the reason of "we need to pay the tax obligation first before we claim the property according to law" thats the decesion of the judge dom dom.please who ever had the knowledge of this matter please send me mail.for more info please call 0922-7226-231
#23 LANDLORD | August 02, 2010
i have tenant which we don't have contract for a year now.My problem is i want to use now my unit,but the tenant still refuse to move out, i already given 3 months notice the tenant,i inform the tenant that i will use the unit.what shall i do? can i file a case now?
#24 PRECY | August 02, 2010
Im a tenant who rented the house for 2 years.. i had a problem regarding with the dipuel water.. its not coming out anymore the water and its all rust... so i ask my landlord to apply the maynilad water.. my landlord told me that im the one who will responsible the cost of what expenses in applying the NAWASA. is it true that im the one who gonna shoulder it?
and my second question is is it every year they need to increase the rent? and how many percent should they allowed to add the increase? thank you
#25 M.AGREGADO | August 03, 2010
We are a new tenant running in 2 weeks only my new landlord & I agreed for a 1 month deposit 1 month advance and when I gave it to her she issued an ordinary receipt only and advice us to move whenever we want( she already gave us the house key)to transfer while she is preparing for our contract of lease.In verbal agreement we agreed to shoulder first all the repairs like door lock, electrical wirings(switches that are not functioning), roof leaks(all over the entire kitchen areas, living room and bedroom ,it is a total mess) and house paintings to deduct it in our monthly rental.We do all the repairs(because the condition of the house is not liveable)but due to it's location we are opt to transfer knowing that we can fix it but after our transfer when our landlord visited the place she looks amaze with the changes and after a few days on our 12th day she serve us with the contract of only six months for they will be needing the place and an additional advance payment of 1 month to add to our 2 mos deposit for they realize it is the normal advance fees & stated in the contract not to be use for monthly rentals or is not consumable for 2 months grace period as prior notice to vacate the place. My question is is it right?Is there any law to protect us, it's too hard not to comply and sign in the contract where in fact we just only move in and you know it is not easy to move and transfer we felt harrass and pressured and been fooled with the agreement of deducting all our expenses in repairs ang paintworks because right now she just decline the agreement. Any advice you could give. Actualy with that kind of landlord we also felt not to go on business to her longer but we had no more budget ant time, effort to look for another place at this early. Any advice you can give? Thanks.
#26 RHIAANE | August 03, 2010
We are a new tenant, Me and my landlord verbally have agreement that we can already use our 1 month advance we transfered July 17, so i told her that our nxt payment will be sept.17?she agreed but after 2days, after she recieved my 2months dep.and 1month advance she informed me that my nxt payment will be august 17?because she want an advance payment, which is i think its not right bec.we already have a 2months deposit. And it is right that they are just issuing an ordinary reciept,not a BIR reciept?then they have the right to increase the rent?Hope you can immediately answer my question,and give me advise regarding rhis matter bec. i really felt abused by our landlord.Thanks and God Bless
#27 ANNABELLE | August 15, 2010
We are renting of 4,000 pesos a month.Our landlord did not issue any BIR receipt for almost three years. i have decided to use my two months deposit because of our landlord refuse to repairs our neighbors roof and gutters that cause the rains pouring in our ceiling that cause damages in our belongings and others.I want to know that i can now use my rights not paying our rentals for three months?we are good and on time paying our monthly dues. i just want that my landlord will realize that all tenants have the rights to live in their rented house with peaceful and liveable place.am i right pls help me,thank you
#28 ARCHIE | September 02, 2010
sir we are renting for more than 40 years and the owner sold it,i heard that supposedly we are the one to offer to buy it first,is that true?because the owner sold it to other person.if that so,can we file a case to the owner,we want it to buy thak you
#29 RALPH | September 28, 2010
i would like to ask if the landlord has the right to padlock the rented apartment once the tenant is not paying their rent for 5 months? All city services are to be paid before vacating the place but my problem is The landlord are harassing us, telling to padlock our place on OCTOBER 3 2010. and verbaly saying that we will leave our properties inside. I would like to ask if this is proper to do or not? we are willing to leave but this apartment but all i want is give us enough time to find another place to move on. we are willing to pay our 5 months dues but not at this moment coz we are experiencing problems in our finances. what shall we do? we are expecting for your reply.. thanks!
#30 CALEB | October 11, 2010
I would like to consult about our present situation. I rented a house which I gave 2 months and 1 month deposit. The landlord advised me that he will provide a contract but he did not until the problem came. I started renting last April 2010. April to May 2010 was paid then May to june as well.The landlord advised that the house was sold out and we need to leave the house which he will give a 2 months allowance to find other house for rent. We felt frustrated because we all know that finding/looking for a new renting house is very difficult and the hassle of packing our things/appliances is a very stressfull thing. I would like to ask if how much time landlord can give to the tenants to find another house which that is landlords fault.Thank you.
#31 VERONIDIA | October 17, 2010
since june 21,2007 up to this time we are renting an apartment in sta.mesa mla for 6,500/month without written contract. we are paying our rent monthly but sometimes not on exact date of payment which is on the 21st day of the month as an advanced payment.now we are asking the landlady to give us aup to oct 31,2010our payment for sept 21 to oct 21,2010. but the landlady doestn want to accept that and she said since we dont have written contract we can immediately vacate the place and we will be going to the barangay for forcing to leave the place.is what the landlady is saying a legal and what are we going todo now.
#32 JERICHO SUERTE | November 11, 2010
Hi! We just received a summon today from the barangay lupon whereby our landlord filed a complaint against us because of the unpaid electric bill(which resulted to disconnection) and unpaid rent. My situation is this, We have a 2 months deposit and one month advance to the landlord but later this September we were not able to pay for the month until Ocotber. That is why we decided to transfer to another cheaper house by the end of November. We informed the landlord that we will not pay the September balance of 1,500 only out of 4,000(monthly) until the months of October and November. If this is so, we still have 2,500 extra money from him. Is it legal?We have no formal contract or whatsoever. And on the electric bill, we promised to pay it this weekend sa sweldo and the landlord did not react or anything. Only now that we discover that he filed a complaint to the barangay. My questions are: IS it alright to settle our rent that way? Is it alrght not to appear before the brgy tonight?please help me..asap po..thank you so much!
#33 BEN BATOONJR. | November 16, 2010
I am a tenant on an apartment at first we were paying our rent on time but recently we lost our job that made us unable to pay our rent on time usually we're delayed 10-15 days as of now its already a week past our supposed date of payment. Our Landlady cut off our water supply not due to unpaid water bills but due to the rent that's not yet paid. Does the landlady has the right to do that? To cut off our water supply? What are our rights on the said problem?
I am praying for your immediate answer. Thank you and more power!
#34 JERRY | November 17, 2010
im an old tenant,since 1989,i dont have a contact with the administration of the building apartment where i live,in 2005,i was asked to sign a new contract due to allegedly new management,i did not sign because the new allegedly management even refuse to sign a receive copy of my payment.I know it is still the old management.so today in 2010,all old tenants are asked again to sign contract which we all refused.is that possible for eviction from my rented apartment?
#35 FARRAH LYN | January 04, 2011
hi I would really need your advise. I am currently renting a house worth P14,000.00 a month. I have moved in last Nov 18th of 2009. It was a 1 year contract. I was advised by the owner that they will be putting a 10% increase on the rent since I have renewed the new contract. I have been a very good payer and I have issued post dated checks for that whole particular year. Is this legal? I do not remember that the 10% increase per year is in the contract. I would really appreciate your help. Thank you very much.
#36 JOFRED REMUEL SAPUAY | February 12, 2011
hi i would like to ask for some advice.i'm currently renting in one of the many boarding houses in makati..i saw the add on a certain website which led me to the exact place.the picture posted on the website is more like 5-10 years ago and the place is really horrible not to mention the attitude of the landlord..everything was fine for the couple of months but when i decided to use up my deposit he said that i cant use it and i either vacate or he would drag me out of the premises..is there anything that i can do to stop this from happening again to his other boarders...and i forgot to mention that the fire escape window was locked all the time and the key is always with our landlord...would really appreciate your help..thank you very much..
#37 MARGARET | March 15, 2011
hi. so glad to came across your site. our family have been renting an apartment for the past 20 years and during this period, we have had 3 different landlords. when we moved in, of course the usual deposit and advance payment were made. there was a contract when we first moved in but it was never renewed -everything was oral in the early days sealed with a handshake. there were few receipts for the monthly rentals but it was never consistent. this went on for years. It has been 5 years since the current owner took over and was claiming NOW that we dont have advance and deposit and wanted us to pay the same ASAP so we can have a new contract. As tenant, we didnt know what was discussed when the unit ws sold and it was to our surprised when we were told that we have already used the deposit and 1 month advance payment and it is ridiculous that the current landlord wanted us to take this up with teh previous owner (after 5 years), of course disagree -where in teh world would i find them. and even if i know where to find them, the idea is really silly. What do you think of our chances of getting the advance payment and deposit? appreciate your thoughts. thanks.
#38 GLENNY MEDALLA | March 24, 2011
i want to know if the owner has a rigth to accept a lessee or viewer while were currently renting and still in the unit .Our contract has not expired yet although we advice the landlord that we are moving the next month and were going to use our security deposits.Now everytime the owner makes a phone call us she demands that we had to stay because someone will have to view the house, But our concern is our privacy has been violated already because people keep coming asking to view the house different agents why can't she wait until we leave i mean hello we have our personal belongings and property in the house,and this landlady is crazy.. what should we do..?
#39 SOPHIA VERGARA | May 23, 2011
i have been renting in a residential compound in Makati for more than 8 years now. Some of my neighbors are tenants for more than15 years to date. All units share only one gate. Recently one of the apartment units where located at the corner and dead end of the compound and whose living room area (main door and window) faces my bedroom window, became vacant. The distance of this unit to that of mine is less than 4 feet (basically to get to that unit will need to pass the other apartments and is almost like an eskinita). The landlord agreed to have the tenant operate a canteen in that unit where the customers now come in and out of our compound. of all the tenants that are disturbed by this is me and the neighbor who lives next door to this canteen. The moment i found out that the tenant operated a canteen, i voiced my opposition to the landlord. I advised him that as tenants who've been paying him for year feels that our security and privacy is at stake and we do not feel comfortable that this tenant is operating a canteen whose customers are those who work at offices nearby. This apart from the noise it generates during lunch time. I sleep during day time as I work at night and i could no longer use my bed because of this situation. I sleep in my sofa in the sala which is very uncomfortable. I advised my landlord if the compound was registered for commercial purpose and if the tenant operating as a canteen has a permit, then i will drop my complaints. he acknowledged that his compound is for residential purposes(in all the years we lived in that compound, not even once he issued an official receipt to use but just a bond paper acknowledging our payment) I spoke with the landlord 3 times but would not listen. And said that i should be the one to speak with the tenant which i told him i would but in the barangay hall as i am so against the operation. When I asked him for the name of the tenant, he did not listen and walked out. I did went to the barangay, but since i do not know the name of the tenants, i asked from the barangay to have someone accompany me in talking to them to get the name so we will know who will face me once we deal with the issue at hand. when we got to the compoundmy landlord was so mad at me (my landlor visits the premises regularly as he has a unit he's currently rennovating).the new tenants hearing that the landlord was siding at them, became hostile and did not even respect the barangay when told that they need a permit to operate and that a tenant is complaining about the operation. My landlord (who is a retired lawyer) manipulated the situation saying they will do something about the noise etc, so just the barangay would leave. i left with the barangay and went to the hall and a report was filed. the barangay said that if they do not say what they said will do,i.e, fix the door and windows to minimize the noise that i go back to them, so they can summon the operators to the barangay for a hearing. To date they never did anything to fix the noise. My question is, does my landlord have the right to subject his current tenants to this kind of aggravation and collect monthly rent despite the fact that we were in the compound first. We do not know how much he's getting from the canteen operators, but it was confirmed that they do not have a permit to operate. accdg to the barangay who went with me, even if they apply for it considering that the compound is residential, it will not be granted. My landlord is forcing me to be amenable and to bear with the inconvenience. Does he have the right to do this even if the canteen has no permit to operate. He even told me that if i am not happy with the situation then i can leave. I am invested in the house because i paid a large sum of money to have it fixed 2 years ago and had been taking real good care of it since then. I pay 8,400 a month in my rent. Isn't it the obligation of landlord to secure the privacy and security of tenants? and not just provide a roof for them to stay? I know that philippine law is partial to the landlords, but is there not any form of protection from landlords who abuse this authority? please advise.
#40 MIRASOL | June 20, 2011
i have been renting here in bulacan for more than a year.And we're moving in a cheaper apartment just two blocks away. We have a month deposit Php2500.We're moving by the end of the month.We still have an unpaid electric bill (may15-june15) for Php2406.Can I use my deposit to settle this bill and just pay sa succeding bill (june15-june30) by the 10th of July (payday. I just lost my job and has no money to pay for it. But the landlord really insist to pay for this bill. Do I have right to use my deposit? please email me for the answer as soon as possible.
#41 IMELDA GARCIA | July 30, 2011
I want to know is there really a law here in the Philippines for landlords who does not issue receipts to their tenants and what are the penalties for this? I have been renting an apartment for almost 2 years and my landlord does not issue us a payment receipts, he said that who ever wishes for a receipts can go and leave his apartment! Is there no law for this kind of illegal actions? Please email me for this essential matter thank you very much!
#42 RUEL | August 02, 2011
i just want to know if a tenant cannot paid his rent because of financial issues for
four months can his landlord easily move him out?
and what if the landlord has no business permit to operate.
#43 LEAH | September 25, 2011
My landlord told me that my 1 year lease is almost up, but I have been renting for more than 1 year already. And he has also not given me a copy of the original contract. Is there anything I can do since I need to stay until such time I find another apartment.
#44 BEA BIANCA | October 19, 2011
Sir,good morning.I just need to know if
there is a law which prohibits the lessee to
withdraw his deposit since she decided not
to continue in renting the apartment and
she already deposited 20,000 pesos.They
never had any contract or whatsoever
about the refund.At first, they agreed that
the lessor will return the deposit if there
will be another person who will lease the
house.But now,the lessor changed his
mind and told my sister, who is the lessee,
that he will no longer return the money
since it will give them another problem
since according to the lessor, my sister
already knew that the owners will be
migrating in America soon.So is it allowed
that the lessor refuses to return the
money?..Or does my sister has the right to
have the money back?I really need your
help with this!Thanks! ;)
#45 PHILLAM SERA JOSE | November 18, 2011
My Question is:
The landlord request advances for rent 36,000 and payable for 2 years with corresponding agreement both parties with sign, the amount 36,000 will less every month amount 1,500 for the rent of the place, but after 6months the landlord want's to evacuate the place of the lessee, what the lessee do this kind of situation.. Please Help.... Tnxs..
#46 DRAEVIN | November 30, 2011
My cousins lessor held his personal belongings for non payment of the said house. Does the lessor have the right to hold property as a way of either punishing a tenant or to extort disputed rent.?
#47 LIZA | December 18, 2011
I am hoping you can help me with my Aunt's problem with her land lord. My aunt is renting an apartment for 2 years now and middle of this year she had encountered some financial issues and told her landlord that she can no longer be able to pay for her rent and need to vacate the place to look for a cheaper one. At this time, my aunt is a couple of months behind her rental payment. The landlord did not allow her to move until she can pay the unpaid rents. Can the landlord do this? My aunt was threatened and afraid and is still living in that apartment with her two sons. She volunteered to move to a cheaper apartment also owned my the landlord that was vacant for some time but still the landlord did not agree. Some months, she paid the rent, but most she cannot. By now, I believe, my aunt already owed the landlord, 5 months rent. And still afraid to move out because of her unpaid rents. Hope you can help me. I also asked my aunt to consult with their brgy council to resolve this issue.
#48 NIMFA | January 02, 2012
Hi, i need your advice regarding our rental status. We have been renting the house for almost two years now. We found out that house is not a conjugal property of the couple who is renting out the house - It was the wife who has inherited it from her parents. We have been a good payer, but we noticed that everytime there is a problem with the property or something needs to be fixed/repaired, the husband does not do anything, unless he is told by his wife. Just recently, the husband and I had a verbal fight. It was past 9 in the morning when I knocked on their door to report that the sink is broken (the same one they fixed few months ago). I asked if there is somebody who could fix it (as I also do not know anybody in the place). He said "THE OWNER IS STILL ASLEEP". I told her we do not need to awaken his wife, but I just needed somebody to help us with the sink (my husband was at work). He did not yield to my request. I told him that since she is asleep and he cannot make decision as her husband, I will just find my way to get somebody to fix the sink and just deduct it from the rent. With this, he got upset and said we can't decide on our own since THE OWNER is asleep. I stopped there. A month after, time to collect rent. He (the husband) sent somebody to collect the rent. I asked for a receipt; the husband made a letter with his signature on it collecting the rent. I got upset, saying that I thought he said over and over again to my face that HE IS NOT THE OWNER, when we're having problems with the sink. Now, that it's time to collect rent, suddenly, he becomes the owner. Is it legal? Can the husband really collect for his wife's rental property? if yes, what if the husband initially claimed that he's not the owner? Please advice, I really need some help!
Thank you very much and more power!
#49 LEX MAX | January 12, 2012
sir/mam i would like to have an advice after you reading this situation..
In 1980 a land owner sold a 100 sq/m land at a cost of P30,000.The title is not included therefore the buyer is ask to give an any exact extra money for the title processing fee.
Every year the buyer ask the owner of his land title but the owner keeps on saying that wait for it.
Year 2005, An unexpected price hike of P100,000 is given but the buyer didn't listen to it and he keeps on saying of the title that was agreed with no contract.
Year 2008, the owner ask the additional payment but the buyer didn't gave anything.
Year 2009, the owner sold about 32 sq/m of the 1st buyer's land to another buyer,so the 1st buyer complained, but the owner insist and said that it was because the 1st buyer didn't give the additional payment.
Year 2010, when the owner ask about the payment and gave a due date till this august 2011. The buyer still didn't give anything.
Q.Is there any right for the buyer?
#50 NESIE | February 27, 2012
I had been leasing this condo unit for almost 4 years now. From the first month, I had been encountering problems with readings of my meters and bills. Nothing happened here. It went on and on until I finally got fed up that I decided not to pay my assoc. dues or water bills or power bills. I started receiving notices on this bills by 2010. for which I would talk to the manager and in the end I would pay a certain amount. Then hardly a year, there was a change of manager and again the same happened. Until the 5th manager who I thought would finally solve my problem. Instead, my concerns were never addressed yet, I was being pressured to settle the whole amount or else.... not a single cent from all those anomalous bills were stricken off nor given any thought as to why it was being questioned. I humbly conceded to payment because I did not want to undergo the embarrassment of having my bills cut off during the holidays. I wrote a letter of appeal stating that I would pay this and that on this dates. I made good of one check but the second one (with the total balance), I had to beg off because I was really strapped for cash. So I made another appeal, this time presenting them with 2 checks, a smaller amount and another big amount for the balance. After a week, I was told that my second appeal was not approved! If that was the case since I appealed formally, should I have been given a written formal reply stating the disapproval? What about my checks? the first one, was deposited, it was a good thing it was funded. Then halfway through the date of the second check, my water was cut. Before this, the manager already informed me personally about the disapproval and she said a letter will follow. I was not given such. Since they already cut my water, I was expecting that my second check will be returned. I was just willing to pay whatever I can just make my account move and I was just too ready to accept that I my power will be cut off eventually. Today, I was notified that my check was deposited and that if not funded, I shall be slapped with bp22. Of course, I was not ready for that amount or else my problems would have been solve right there and then. Now, what is my right here? All I'm getting are threats here and there. I could not even bring out some things outside my unit because the manager has already instructed that no items should be taken out of my unit. By the way, I have no problem with my landlord as my rent is updated. Can the condo corp just implement their own rules and decide as to how we tenants should be castigated for non-payment? Can the condo corp actually suspend the legitimate homeowners of their title considering that the unit has been paid for? This is actually of their threats. How can I protect myself from this kind of harassment. From their records, I had been paying since Aug. 2011 up to present. I may still not have covered all my arrears but I had been paying and the only time that my check bounced when I was forced to issue a check of the total amount because of audit. I hope my case is not too complicated and I need an answer or legal advise ASAP.
#51 ROBERTO AMPIL | April 16, 2012
Gudam, i would like to ask for comments and opinions on the resolution to my perennial problem (land ownership). Our family lives for so many years since our ancestors time on a 150 sq.m lot owned by Rita Legarda, INC. Before, our grandmother paid the realty tax of the said lot but unfortunately she died. She managed to survive copies of the receipt. The latest copy we have is year 1970's. We look for the land caretaker who used to collect rental fees and luckily we found him and he said that the said lot was already awarded to our ancestors. On counting years im 41 yrs old and my father is 62 therefore we have been occupying the said lot for so many years and no trace of communication from the owner. But, year 2010, a certain kin of Rita Legarda showed to us and wanted to sell the property for 2 million. We asked for the copy of land title which according to her she kept. My question is she legaly have right to sell the property or as far as I know the law if the tenant has no communication to the owner visavis, the owner gave right to the tenant to own the said property or I might say awarded. How is this true? Do we have more chance to own the property?
#52 ROMEO VILLEGAS | April 29, 2012
Good morning. I have a question. We are a new tenant at a subdivision. Prior to signing a lease contract with the owner, he assured us that he will provide stickers to our car so we can go in and out of all the 4 access gates to the subdivision. We were not too particular with the other gates as they were far out in Cavite. We expressed to him when we checked his house that what was important to us was the Southvale gate sticker since it is the gate with the shortest distance going to work, and that was what he advertised online that his house is 15 minutes to Alabang Town Center. He promised us the stickers saying "madali lang yan." We signed the contract and paid the agreed 2 months advance and 1 month deposit on March 9, a PhP24,000 total. Contract was effective march 13, that day too we learned from the Home Owners Association that the Southvale gate only releases stickers once a year, this year they release it on September 2012. I wanted to back out of the lease as I did not want to go to work by public commute. But the landlord promised to get us a temporary permit as the guards at Southvale told him that he may write to the Property Manager and request for temporary permit. We got our car on March 23 and the following day we submitted to the landlord all the documents needed. He confirmed receipt saying he will file it that same day. But later in the afternoon he said he was unable to submit application because it was raining and he was too far away. The following week, we asked if he got us the permit but he said the property manager was on leave until March 31. We didn't hear news from him about the permit for over two weeks so we texted him on April 17 begging for the permit as the other gates that allow us to pass through for a P10 fee is already way out in Cavite and an extra 23 km and 35 minutes drive everyday and amounting to over P2,000 of added gas bills per month. He didnt reply. Next day we texted him again demanding updates on the sticker, he replied the property manager is still unavailable and that we should just wait for his text. We asked for the name of the Property Manager and his phone number so we could check the status of his request but he did not reply anymore. April 19, we told him in an email that he breached the contract by his inability to provide us proper access to his property and that we will no longer rent his place starting the third month.
We asked that he returns the 2 months advance rent as the failure on his part. But he said that he will not return both the advance and the deposit because it was our decision leave and that we pre-terminated the contract.
My question is this... Is it pre-termination if we had no choice but leave because we had no proper access to all the gates by the second month of the contract?
Please help. Thank you in advance.
#53 CHRISTIAN VILLOTA | May 10, 2012
Im christian, im renting in mezza residence for 1 year.
im also a free lance broker in the same condominium.
now i have problem coz i was banned by the home owners association of mezza due to an false accusation by one of the owner. the accusations to me was i did not remit a payment of one of our tenant, ( but the tenant only paid one month to me ) instead of confirming how much did the tenant paid to me the home-owners decided to ban me for good. they held a meeting for me to defend myself but we did not managed to attend it due to emergency reasons. now i cant go into the unit im renting. i felt very helpless with my situation. the home-owners decided to ban me in this condo coz of an false accusations which the client acknowledge that she only paid one month to me and she will give the rest on may 20. pls email me if you have any suggestion to help me in my situation. Thanks in advance guys!
#54 RONALDO LUIS FACUN | May 13, 2012
I am ronald, can I terminate the contract if there is ground for it. Actully, my broker agent miss-represent me when she said that the gym is active & hide a small hole in the midle of the floor. I am renting a studio type condo and 1 and 1/2 months stay but I want to terminate my contract without any penalty or pay rent for another next month. Thank you.
#55 JOHN CARLO | June 19, 2012
hi, i have a problem with my landlady she wants to repair our sewer lines, but she is insisting that i have to pay for the charges of those repairs, do i really have to pay for it? or it is her obligation to do the repairs since she is the owner of the house and i was just her tenant. please give me an urgent answer....tnx anyway.
#56 PRINSESITA | November 05, 2012
I've been searching thru the net where to find forums regarding tenants'rights. And yay! thanks that I found this one.
First off, I have been renting a room within a house for 4 months now, and so far, I pay on time, and sometimes ahead of time because the landlady asks if she can get the payment before my due. She even asks for advance payment from us before she leaves, from all of us, and promised to pay nxt month. My monthly bill includes the water and electricity. Last October 2, 2012, my landlady goes to Davao because of 'Family Matters'. On that same day, our water line was cut. The landlady doesnt even leave a note regarding the problem that she wasnt able to pay the water bill. We found out that the water bill reached php13,000 and we (8 housemates) couldnt pay it. So we seek help from the neighborhood,fetched water ourselves, paid a helper who fetched water for us daily...2 weeks later, we received Meralco disconnection notice. the total fee was divided among the housemates, to think that the electricity is included on our monthly dues. We tried contacting the landlady, but we never receive any reply from her. Good thing that one of the housemates, who lives there for 3 years, has contact with the husband of the landlady. The housemate told the husband about the situation, and the husband doesnt know anything about what happened. With email exchanges, the husband sent money to the housemate to settle the water bill which is 13,000. Thank God, the water connection is ok again.
Because of the incident, me and my housemates want to seek an advise if we have rights to demand from the landlady for the trouble she caused us. 'Danyos Perwisyo'.
Hoping for your reply.
#57 VERA VALENTICH | December 03, 2012
It is very necessary to think twice or many times as possible when involving to renting matters. You should have enough knowledge so that you will not be tricked by landlords.
fort bonifacio office space for lease offers a good place to have your office. You can also seek advice to brokerage company when thinking of renting a home.
#58 EMMIIEJOY | March 06, 2013
hi i would like to ask about legal matters. we only have one apartment unit in quezon city. they said that we have to secure a permit. do we really have to get a permit for just one apartment. we have it rented because no one will live in the house. what shall i do? thank you very much for helping me.
#59 MA. TERESA A. CABANUS | March 18, 2013
Please help us regarding this matter. We have rented a space at the mall for our business but we haven't signed any contract yet...we got the reciept for the payment of the 3 mos. security deposit but the mall management has not approved our food concepts yet and we ahve been waiting for weeks...it seems that we are having unfavorable conditions on the lease so we have decided not to pursue the lease on the said mall...can i still get my security deposit on a lease when there is no contract signed yet between the lessee and lessor?we got the contract but we haven't signed anything yet on paper.can i still get my security deposit on a lease when there is no contract signed yet between the lessee and lessor? Thank you very much. Prompt reply on this matter is greatly appreciated.
#60 AVIC | April 07, 2013
Hi I'd like to ask our rights as a lessee because the administrator of the unit we are renting is harrassing us. we are renting a stall for our business and our contract started in 2010. The signatory for the contract is the daughter of the owner of the property. Then in 2011 their parents died. Now the other siblings asked us to sign another contract with different terms and price of rent which the other stall owners ignored and didnt agreed. So they just asked them to continue their old contract and deposit the rent to a different bank account that all of them (the children of the owner) agreed. Now our lessor (signatory from our contract) didnt raised any issues about the new paying of rent scheme. But the new administrator wants to implement a new rule on advance and deposit for our stall. Just our stall. Our original contract says 1 month advance + 1 month deposit plus monthly rental. Now she wants to make it 2 months adv + 2 mos deposit plus monthly rent. As she said there will be new contract and they are reviewing it we agreed to deposit it in the bank. Now after three months of waiting for the new contract for us to review still no "new" contract was shown to us. And we learned that only our business is ask to add additional adv and dep. Our old contract also said that we cannot sub lease and them also the property. But the lessor from our contract allowed a new establishment to operate on the parking lot as she ask our permission since she is a relative. Now when their parents died the owner of the unit in the parking lot signed a new contract with the new administrator but with the same terms. just 1 month advance + 1 month deposit plus monthly rent. Now when we decided to use our 2 months worth of extra payment the administrator is forcing us to vacate the unit even if we still have an advance payment and deposit amounting to 2 months. and updated with the monthly rent. What will we do? What is our protection from the intimidation of the new administrator who hates us because she wants the business for herself. My friend owns the business and I manage it. But she is in the US now and the family of the property has been harassing her/us ever since the business went into success. I don't want them to locked up the business again as they did before when they had a coup de etat against my friend. Should I wait for their letter of eviction that should be three months in advance? And how will I rebutt it? Thanks for the answers. I hope we are not harmed as we do good business and intentions with them. They are the ones who wanted us out in all cost.
#61 JASON DEMAISIP | April 20, 2013
good day!i'd like to ask if the House & lot which is rented by more than 8 years, after that the owner decide to increase the payment to 1,000.00 only ,but the tenant stop paying for 3 years ago,the reason they have improvement of the said property, actually they are relatives so because tenant refusing paying a monthly rental the owner decide to sale the property to me, now what are my rights being a new owner? can i continue collecting monthly rental? or evict them for non paying, or other grounds for sub leasing by other, or i want the property to use? actually we've been already hearing in barangay they are
willing to leave the property but the time has come they ignore the agreement from barangay they have signed,even from hall of justice employees who mediate us and have also an agreement signed by both party to leave the property,but failed again,they ignore again the agreement,thats why the barangay issued file action. the question again is, if i bring this to the court? do i have an advantage? since they occupied this property before selling to me.can i have the right same as from previous owner?
#62 LOLITO SERO | August 21, 2013
This is about a studio condo.
1) The tenant has 2 months rent + utilities arears (June 14 - August 13). Can a landlord forced me to sign a promissory note to pay full by Sept 2 my 2 months arrears. Can it not be just for 1 month for now.
2) Today Aug 22, they disconnected the water.
3) The asked for a promissory note to pay in full the 2 months arrears by Sept 2 (Tenant may be able to pay 1 month on that date).
4) If by Sept 2 no fulkk payment is made,they will disconnect electicity and send a letter of ejection for Sept 13.
4) By Sept 13, they will padlock the unit.
Please advise what are the rights of a tenant that may help him in the problem.
#63 TONI GARRN | November 30, 2013
From time to time, a â€śrent-or-buyâ€ť assessment will come out on a business news website. Many of them are mendacious if not outright propaganda, as most leave out a lot of information and hidden costs of homeownership. However, Zillow, oddly enough, has actually come up with one that is close to actuality. Source for this article: why require a peek at each of our site?
#64 CORAZON REYES | December 04, 2013
Do I have an obligation to pay the homeowner's fee even the lot is empty without any structure built?
#65 NANETTE | February 17, 2014
i'm planning to apply for franshise of PCSO Lotto outlet. The Building is under the name of my mom and dad (deceased). My mom agreed for me to use one of the apt units for "free." If one of the requirements for the franchise is Land Title or Lease Contract, which one should i submit? Are there any Authorization or Certification Agreement that i need to produce. Since i neither own the building nor renting the unit.
#66 ELLEN | July 18, 2014
Hello can you please advise me on what to do with my situation. I have given a 1month advance and 2 months deposit for the house that we are supposed to move to but decided not to rent the house because after doing some measuring of the space 85% of our belongings will not fit. It's been 1 week since we give them the money with just an acknowledgement that they received it, we haven't really sign the contract yet as we haven't moved yet. Our plan to move is on the 22nd and 25th of this month. The agent says the owner give the 1 month deposit to the care taker-agent and they are only returning 19k. Is that right according to philippine Laws for rental? Pls. Pls advise. Thank you so much for your time.
#67 CHRISTOPHER LABROOY | August 08, 2014
I bought property in Bacolod under my fiancĂ©e name in the tear 2010 in view of marriage and we got married,in the year 2012.after 11 months into the marriage,the marriage fell apart and we separated.we also got Attornies to settle the property issues as the property became an absolute community property.and a compromised agreement was made between the 2 parties that the property will be sold.the agreement was for a 50/50 of the full.and that we have to abide and comply with the respective duties and obligation agreed upon as stated,we both need to sign the title deed,but my issue is that the second party is not doing anything to sell the property,and even to get in touch with her is not made available as she has changed her phone number .the only way I can contact her is through email even that she will not answer what can I do.I have got a few interested clients in the property and she has the original title deeds and also to consent to the sale of the property.but I cannot get in touch with her and so many interested clients have been disappointed.where do I go or what can I do.Could you please advise me.Thank you.
#68 ELIZABETH | August 21, 2014
hello. we have a problem regarding our Lessee. they are renting our Commercial Unit and they only paid their 1 month Advance. now, our Dilemma they haven't paid their Electrical and Water Bills for 2 months, also they constructed a bldg. besides our unit (which is still under our Land Territory) without our permission. We tried asking them politely to clear the area because we have plans to construct something their, but they got angry and told us that we don't have the right to clear the area. Can you please help me out?
#69 JANET | March 25, 2015
I would like to consult regarding our present situation, first of all we've been renting for 29 yrs now. our landlord want to sell the place. he offer as the amount and i agree. after a week he say he want the house back.due to he offer to another person with a higher amount. what shall we do. and last he said he want to use for business. Can you please advice me. Thank you.
#70 JEANET | March 29, 2015
Been renting for more than 10 years now, just last month our landlord said he will not be increasing our rental fee as our contract will come to an end this march but will just add 12% tax and that he will be issuing a receipt from now on(previosly he just gives us a receipt written in ordinary bond paper.)Our previous rent was 14,750(inclusive of 1k for parking even if its an apartment and not a condo unit. And now it became 16k plus. Is there no tax exemptions for renters? And aside from that he wants to add this 12%vat (x2- for our two months deposit) is this legal? should he realky be adding our deposit just because he aÄŹded tax to our rent? And what more he is not even doing repairs for all of this years we've been renting, he says all repairs our for the account of lessee. I also read that deposits shoul be kept in a bank as escrow and interest should be given with the deposits monthly or upon moving out. Is this true in our country? Thank you.
#71 CIPRIANO | April 09, 2015
I bought a unit from Pag-ibig with a discounted price, the unit has a tenant and knows that I am the new owner of the unit, although we did not ask for rent from them from the time I owned the unit. We inform the tenant last Nov.2014 that they have to vacate the unit since I have to demolish and construct a new house for personal use. The tenant ask up to March 2015 since her daughter has to finished the school year. March 2015 came,the tenant demanded us to provide them relocation since they have stayed 12 years in the unit. Is it the responsibility of the owner of the unit to provide the tenant's relocation? What are the rights as an owner and the tenant in this situation? Thanks God Bless.
Login or Register to submit a comment!
In order to promote open and spam-free conversations, Global Property Guide moderates commetns on all articles. You can expect that your comment will be published within 24 hours.
Fortnightly updates from the global property arena directly to your inbox.
Connect to professional advice in Philippines
Which parts of the world are most attractive for property investment today?