Philippines National Residential Landlord-Tenant Laws

Residential tenancies in the Philippines are primarily governed by Republic Act No. 9653 (the Rent Control Act of 2009), which was approved on 14 July 2009, and the Civil Code of the Philippines (Republic Act No. 386), which took effect on 30 August 1950. The Rent Control Act aims to protect lower-income tenants from excessive rent hikes and arbitrary eviction.

1. Scope of the Rent Control Act (RA 9653)

Rent control applies to residential units (apartments, boarding houses, dorms, rooms) with monthly rents:

• Metro Manila and Highly Urbanized Cities: ₱10,000 or below.
• Other Cities/Municipalities: ₱5,000 or below.

Units above these thresholds are governed primarily by their lease contracts and the Civil Code.

2. Rent Increases (2026 Caps)

For units covered by RA 9653, rent increases are regulated by the Department of Human Settlements and Urban Development (DHSUD), which holds statutory authority under Section 6 of RA 9653 to set and adjust allowable rent increases via the National Human Settlements Board (NHSB). In 2026, NHSB Resolution No. 2024-001 mandates:

• Maximum Increase: 1% for covered units with the same tenant.
• Frequency: Rent may only be increased once a year.
• Vacancy: If a unit becomes vacant, the landlord may set a new initial market rent for the next tenant.

3. Advance Rent and Security Deposits

Under Section 7 of RA 9653:

• Advance Rent: Maximum of one (1) month's rent.
• Security Deposit: Maximum of two (2) months' rent.
• Interest: Security deposits must be kept in a bank account. Any interest earned (less charges) must be returned to the tenant at the end of the lease.

4. Eviction Rules

Eviction (judicial ejectment) requires specific grounds under Section 9 of RA 9653:

1. Non-payment: Three (3) consecutive months of unpaid rent.
2. Subleasing without consent: Unauthorized assignment of the lease.
3. Owner's need: Legitimate need for the owner/family to use the property (requires 3 months' notice).
4. Repairs: Condemned units or major safety repairs.

Judicial ejectment cases fall under the exclusive original jurisdiction of the First Level Courts (Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts). Self-help evictions (locking out, cutting utilities) are illegal and carry criminal liability.

5. Maintenance and Repairs

Landlords must deliver the property in a habitable state and handle major repairs (Civil Code Art. 1654). Tenants handle minor, ordinary repairs resulting from typical wear and tear or their own negligence.