In the Philippines, the responsibilities for maintaining a leased residential property are defined by the Civil Code of the Philippines (which took effect on 30 August 1950), specifically Articles 1654 and 1657, as well as the Rent Control Act of 2009 (RA 9653). While the lease agreement may specify additional terms, it cannot waive the landlord's fundamental duty to maintain a habitable premises.

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 (Art. 1654, No. 2). 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 (Art. 1658) or petition for the rescission of the lease contract with damages.

The 'Repair and Deduct' Remedy

While Article 1658 explicitly provides for the suspension of rent, Philippine law—particularly through jurisprudence interpreting Articles 1654 and 1667 of the Civil Code—also recognizes the tenant's right to undertake necessary repairs and deduct the reasonable cost from future rent payments. This remedy can be exercised even without an explicit contractual provision, provided the following conditions are met:

1. Necessity of Repair: The repair must be clearly necessary for the habitability, safety, or basic utilities of the property.
2. Prior Notice to Landlord: The tenant must formally notify the landlord in writing and provide a reasonable opportunity for them to perform the repairs.
3. Landlord's Failure to Act: The landlord must have refused, ignored, or unreasonably delayed the repairs after receiving notice.
4. Reasonable Cost and Documentation: The cost must be reasonable and supported by thorough documentation, including receipts and photographs.
5. Communication of Deduction: The tenant must inform the landlord in writing of the intention to deduct the cost from the rent.

Eviction for Repairs

Under Section 9(d) of the Rent Control Act (RA 9653), a landlord may judicially eject a tenant if they must undertake repairs that require the property to be vacated, provided that:

• The premises have been subject to a formal Order of Condemnation by appropriate authorities (e.g., the City Engineer or Building Official).
• The unit is considered unsafe for habitation.
• Right of First Refusal: The tenant retains the first preference to lease the unit once repairs are completed, though the rent may be adjusted to reflect the repair costs.

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 DepositsPreview unavailable 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 RequirementsPreview unavailable 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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