In the Philippines, the responsibilities for maintaining a leased residential property are defined by the Civil Code of the Philippines (Articles 1654 and 1657) and the specific stipulations drawn out in the lease agreement. The law distinguishes between "necessary repairs" and "ordinary wear and tear."

This guide outlines exactly who is responsible for keeping the property safe and habitable.

Landlord Responsibilities (Necessary Repairs)

Article 1654 of the Civil Code explicitly places the burden of major maintenance on the landlord. A landlord is legally obligated to:

• Deliver the Leased Property: The landlord must hand over the property in a condition fit for the intended use (habitability).
• Make Necessary Repairs: The landlord must undertake all necessary repairs during the lease to keep the property suitable for the tenant’s use. This typically includes structural repairs, severe roof leaks, major plumbing disasters, and fundamental electrical faults not caused by the tenant's negligence.
• Maintain Peaceful Enjoyment: Ensure the tenant's peaceful and adequate enjoyment of the lease for the entire duration of the contract.

If a landlord fails to make necessary repairs, the tenant may suspend the payment of rent (after proper notice and ideally consigning the payment to a court or bank) or ask for the rescission of the lease contract entirely.

Eviction for Repairs

Under the Rent Control Act (RA 9653), a landlord may evict a tenant if they must undertake repairs that require the property to be vacated, provided that:

• The premises have been condemned by appropriate authorities.
• The unit is considered unsafe for habitation.
• Notice: The tenant retains the right of first refusal to lease the unit once repairs are completed.

Tenant Responsibilities (Ordinary Repairs)

Article 1657 of the Civil Code mandates that the tenant must use the property as a "diligent father of a family" (a standard of reasonable care in Philippine law).

• Ordinary Repairs: The tenant is responsible for ordinary repairs—these are minor fixes resulting from daily use and ordinary wear and tear. Examples include replacing busted light bulbs, fixing minor faucet drips, or changing air conditioning filters.
• Reporting Damages: The tenant must urgently notify the landlord of any need for a necessary repair (e.g., a burst pipe or severe roofing leak). If the tenant delays reporting the issue, resulting in further damage to the property, the tenant may be held liable for the extended damages under the legal principle of negligence.
• Damages by Fault: If the tenant, their family, or their guests cause damage to the property (e.g., breaking a window or maliciously damaging a door), the tenant is fully responsible for the repair costs, which may be deducted from their security deposit upon move-out.

See our Security Depositsプレビューは利用できません guide for the rules regarding withholding funds for property damage.

Structuring the Lease

Because "necessary" versus "ordinary" can sometimes be ambiguous, it is a standard practice in the Philippines for lease agreements to establish a monetary threshold.

For example, a lease may stipulate that any repair costing ₱1,500 or below is considered a minor repair borne by the tenant, while repairs costing above ₱1,500 are considered major repairs to be borne by the landlord, provided the defect was not caused by the tenant’s fault.

See our Lease Requirementsプレビューは利用できません guide for how to formalize these thresholds.

Stay Compliant with Landager

When maintenance requests are mishandled or delayed, minor issues can balloon into major structural damage. Landager provides a centralized maintenance portal where tenants can upload photos and descriptions of necessary repairs, giving landlords a timestamped log to organize contractors and ensure Civil Code duties are met promptly.

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