A landlord in the Philippines generally cannot automatically pass all repair costs to the tenant just because the lease says the tenant must “maintain” the property. Philippine law distinguishes between repairs caused by the tenant’s fault, ordinary wear and tear, necessary repairs that keep the property usable, and serious defects that make the unit unsafe or unfit for habitation. This matters especially when the apartment, condo, house, room, or commercial space was already old, leaking, termite-damaged, structurally weak, or otherwise dilapidated before the tenant moved in.

Under the Civil Code, the landlord or lessor is normally responsible for delivering the leased property in a condition fit for its intended use and making necessary repairs during the lease, unless there is a valid agreement shifting some repair obligations. But even a written clause is not a magic shield. A tenant may still have defenses if the damage came from age, hidden defects, ordinary wear and tear, natural calamity, the landlord’s neglect, or a dangerous condition affecting life or health.

The basic rule: repairs depend on cause, contract, and habitability

In Philippine lease disputes, the practical question is not simply, “Who pays for repairs?” The better question is:

What caused the damage, what did the lease contract say, and was the property fit and safe for the use agreed upon?

A tenant may usually be charged for:

broken tiles, fixtures, doors, windows, locks, appliances, or plumbing damaged by the tenant’s misuse;
damage caused by the tenant’s family members, helpers, guests, pets, or visitors;
unauthorized alterations or renovations;
neglect, such as failure to report a leak that becomes worse;
repairs clearly assigned to the tenant in a valid lease clause, especially minor maintenance.

A tenant should not automatically be charged for:

old roofing that leaks because it was already worn out;
termite-infested wood or rotten ceiling existing before occupancy;
structural cracks, dangerous wiring, failing drainage, or defective plumbing not caused by the tenant;
deterioration due to ordinary wear and tear;
damage caused by earthquake, flood, storm, or other natural calamity;
major repairs needed to make the premises safe, habitable, or suitable for the agreed use.

The law is particularly protective when the leased premises are used as a home. If the dwelling is in a condition that creates imminent and serious danger to life or health, the tenant may terminate the lease at once by notifying the landlord, even if the tenant knew of the dangerous condition or supposedly waived the right to rescind. That rule appears in Article 1660 of the Civil Code and is important when the issue is not just inconvenience, but safety. (Lawphil)

Legal basis under the Civil Code

The landlord must deliver a usable property and make necessary repairs

Article 1654 of the Civil Code provides that the lessor is obliged to:

deliver the leased property in a condition fit for the intended use;
make necessary repairs during the lease to keep it suitable for that use, unless there is a stipulation to the contrary; and
maintain the tenant in peaceful and adequate enjoyment of the lease. (Lawphil)

This is the starting point. If a person rents a residential unit, the unit should be reasonably fit for residence. If a business rents a space for a salon, clinic, store, warehouse, or office, the premises should be reasonably fit for that agreed commercial use.

A landlord who rents out a badly deteriorated unit cannot simply say, “All repairs are yours,” and ignore the legal duty to deliver a usable property. The more serious the defect, the stronger the tenant’s argument that the problem is not normal tenant maintenance but a landlord-level obligation.

The tenant must use the property with proper care

Article 1657 of the Civil Code requires the tenant to pay rent, use the leased property as a “diligent father of a family,” and use it only for the purpose agreed upon or reasonably inferred from the nature of the property. (Lawphil)

In simple terms, the tenant must take reasonable care of the unit. A tenant cannot abuse the property, ignore obvious damage, overload electrical systems, clog drainage through misuse, drill or demolish without consent, or use a residential unit as a heavy commercial kitchen if the lease only allowed ordinary residence.

The tenant may suspend rent in some repair situations, but this is risky if done carelessly

Article 1658 says the tenant may suspend payment of rent if the landlord fails to make necessary repairs or fails to maintain the tenant in peaceful and adequate enjoyment of the property. Article 1659 also allows the aggrieved party to seek rescission of the contract and damages, or damages while keeping the contract in force. (Lawphil)

However, in real life, tenants should be careful before stopping rent. Landlords often respond by filing an ejectment case for non-payment. If the tenant cannot prove the landlord’s failure, the urgency of the repairs, proper notice, and the connection between the defect and the tenant’s use of the property, the tenant may be exposed to back rent, termination, or ejectment.

A safer practical approach is usually to:

document the defect;
notify the landlord in writing;
request repair within a reasonable period;
keep rent ready or pay under written protest when appropriate;
use barangay mediation or court remedies if the dispute escalates.

The tenant must report needed repairs promptly

Article 1663 requires the tenant to inform the owner, with urgency, of the need for repairs covered by Article 1654. If the landlord fails to make urgent repairs, the tenant may order the repairs at the landlord’s cost to avoid imminent danger. (Lawphil)

This is very useful in emergencies, but it should not be abused. A tenant should not spend a large amount on renovations and later surprise the landlord with the bill unless the situation was urgent, the landlord was notified, and the repair was necessary to avoid danger or serious damage.

Ordinary wear and tear is not the tenant’s responsibility

Article 1665 says the tenant must return the leased property as received, except for loss or impairment caused by the lapse of time, ordinary wear and tear, or inevitable cause. Article 1667 makes the tenant responsible for deterioration or loss unless the tenant proves it happened without fault, but this burden does not apply when the destruction was due to earthquake, flood, storm, or other natural calamity. Article 1668 also makes the tenant liable for deterioration caused by household members, guests, and visitors. (Lawphil)

This is why move-in photos, videos, inspection checklists, repair requests, and written turnover notes are so important. If there is no statement of the unit’s condition at the start of the lease, Article 1666 presumes that the tenant received it in good condition unless there is proof to the contrary. (Lawphil)

What if the lease contract says “all repairs are for the tenant”?

Philippine law respects contracts. Article 1159 of the Civil Code states that obligations arising from contracts have the force of law between the parties and must be complied with in good faith. Article 1306 also allows parties to establish stipulations, clauses, terms, and conditions they deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy. (Lawphil) (Lawphil)

Because Article 1654 itself says the landlord must make necessary repairs “unless there is a stipulation to the contrary,” a lease clause may validly shift certain repair duties to the tenant.

But the clause should be read carefully. Courts and lawyers will usually ask:

Does the clause clearly cover major structural repairs, or only ordinary maintenance?
Was the tenant aware of the dilapidated condition before signing?
Was the property actually fit for use at turnover?
Did the landlord conceal defects?
Did the tenant cause the damage?
Is the clause being used to avoid a safety or habitability obligation?
Is the landlord trying to charge the tenant for improvements that increase the property’s long-term value?

A clause saying “tenant shall shoulder minor repairs and maintenance” is very different from a clause saying “tenant shall undertake, at tenant’s sole expense, all repairs, structural or non-structural, including roof, electrical, plumbing, drainage, waterproofing, and pest control.” Even then, a tenant may still contest charges tied to dangerous conditions, fraud, bad faith, or defects that made the property unsuitable from the start.

When the property was already dilapidated before move-in

This is where many disputes happen.

A landlord may say: “You inspected the unit. You accepted it as is. You signed the contract.”

The tenant may answer: “I accepted ordinary wear, not a collapsing ceiling, unsafe wiring, leaking roof, hidden termite damage, or major repairs that should have been disclosed.”

The Supreme Court’s decision in Spouses De Ysasi v. Arceo, G.R. No. 136586, November 22, 2001 is helpful. In that case, tenants complained about leaking and flooding after heavy rains. The Court recognized the relevance of Article 1654 on necessary repairs, but also considered the tenants’ prior inspection of the premises and whether defects were visible or hidden. The Court noted that a lessor may be responsible for hidden defects under the lease rules, but not for patent or visible defects that the tenant had the opportunity to inspect. (Supreme Court E-Library)

The practical lesson is this:

If the defect was obvious before signing, the tenant may have a harder time claiming surprise later. If the defect was hidden, concealed, structural, dangerous, or far worse than what was visible, the tenant has a stronger argument against being charged.

Necessary repairs vs. tenant-caused repairs vs. improvements

Type of work	Usual legal treatment	Examples
Necessary repairs to keep the premises suitable	Usually landlord’s duty, unless validly shifted by contract	roof leaks, major plumbing failure, unsafe wiring, structural weakness
Tenant-caused repairs	Usually tenant’s duty	broken glass from tenant’s guest, damaged sink from misuse, holes from unauthorized installation
Ordinary wear and tear	Not usually chargeable to tenant	faded paint, normal floor wear, aging fixtures from ordinary use
Urgent repairs to avoid imminent danger	Tenant may arrange at landlord’s cost if landlord fails to act, but documentation is crucial	exposed live wires, burst pipe, ceiling about to collapse
Useful improvements	May require landlord consent; reimbursement depends on law and contract	partitions, built-in cabinets, upgraded flooring
Ornamental improvements	Usually not reimbursable unless agreed	decorative lights, wallpaper, non-essential fixtures

What tenants should do before paying for major repairs

1. Read the lease contract line by line

Look for clauses on:

repairs and maintenance;
“as is, where is” acceptance;
structural repairs;
plumbing, electrical, roofing, waterproofing;
pest control;
alterations and improvements;
security deposit deductions;
notice requirements;
early termination;
dispute venue.

Do not rely only on verbal statements like “Kami na bahala” or “Ikaw muna, babayaran ka namin.” Put agreements in writing.

2. Document the condition immediately

Take clear photos and videos showing:

date and time, if possible;
wide shots of the room;
close-up shots of damage;
leaks during rain;
water marks, mold, termite trails, cracks, exposed wires;
damaged fixtures on move-in;
conversations with caretakers or building admin.

Keep receipts, contractor estimates, inspection reports, barangay blotters, and messages.

3. Send written notice to the landlord

Use SMS, email, Viber, Messenger, registered mail, or notarized demand letter depending on seriousness. State:

the defect;
when it appeared or was discovered;
why it affects use or safety;
what repair is requested;
a reasonable deadline;
whether the issue is urgent;
that you are reserving your rights under the lease and the Civil Code.

For serious defects, attach photos and ask for a written repair schedule.

4. Do not authorize expensive work unless necessary

If the landlord has not agreed, be careful about hiring your own contractor. For urgent danger, Article 1663 may support repair at the landlord’s cost if the landlord fails to act. But for non-urgent improvements, repainting, remodeling, waterproofing upgrades, or major renovations, reimbursement may be disputed.

5. Ask the barangay to mediate if both parties are individuals in the same city or municipality

Many landlord-tenant disputes first go through the barangay. Under Katarungang Pambarangay rules, prior barangay conciliation is generally a pre-condition before filing a complaint in court or government offices, subject to exceptions such as disputes involving juridical entities, parties residing in different cities or municipalities, urgent legal action, or properties in different cities or municipalities. (Lawphil)

The barangay process is often faster and cheaper. Bring:

lease contract;
valid ID;
proof of rent payments;
photos and videos;
repair estimates;
written notices;
receipts;
names of witnesses.

If settlement fails, request the proper Certificate to File Action, but remember that the certificate should be issued only after the required confrontation and conciliation steps. (Lawphil)

6. Consider the correct court remedy

If the dispute is about possession, unpaid rent, or ejectment, it usually goes to the first-level courts such as the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court.

If the dispute is purely about a sum of money, such as reimbursement of repair costs, return of deposit, or unpaid charges, small claims may be available depending on the amount and nature of the claim. The Supreme Court’s Rules on Expedited Procedures in the First Level Courts, A.M. No. 08-8-7-SC, amended the rules on summary procedure and small claims to speed up cases before first-level courts. (Supreme Court of the Philippines)

What landlords should do before charging the tenant

A landlord who wants to charge repair costs should be prepared to prove:

the tenant caused the damage;
the damage was beyond ordinary wear and tear;
the lease contract authorizes the charge;
the amount is reasonable and supported by receipts or estimates;
the tenant was notified and allowed to respond;
the deduction from the deposit is itemized;
the charge is not for pre-existing dilapidation or the landlord’s capital improvement.

A vague invoice saying “repairs — ₱80,000” is weak. A proper deduction should identify the specific item, condition at move-in, condition at move-out, cause of damage, repair cost, and supporting receipt.

Can the landlord deduct all repair costs from the security deposit?

Not automatically.

Under the Rent Control Act of 2009, Republic Act No. 9653, covered residential landlords cannot demand more than one month advance rent and more than two months deposit, and the deposit must be kept in a bank under the lessor’s account name during the lease. Interest that accrues should be returned to the tenant at the end of the lease. (Lawphil)

The deposit may commonly be used for unpaid rent, utilities, or tenant-caused damage, depending on the contract. But a landlord should not use the deposit to make the tenant pay for old age, ordinary wear and tear, or major repairs that the landlord was legally or contractually responsible for.

For 2025 and 2026, rent control rules also remain relevant for lower-rent residential units. The Philippine Information Agency reported DHSUD’s announcement that, under NHSB Resolution No. 2024-001, covered units with monthly rent of ₱10,000 or less were subject to a 2.3% cap in 2025, and a 1% limit applies to certain covered units occupied by the same tenants continuing into 2026. (Philippine Information Agency)

What if the building is unsafe or condemned?

If the unit is dangerous, this is bigger than a private repair dispute.

Under Article 1660 of the Civil Code, a tenant may terminate a lease immediately by notifying the landlord if the dwelling or building intended for human habitation creates imminent and serious danger to life or health. (Lawphil)

Under the National Building Code framework, dangerous or ruinous buildings may also involve the Office of the Building Official in the city or municipality. In serious cases, tenants may document the hazard and ask the local building office, city engineering office, or barangay to inspect or issue appropriate action.

For covered residential units, RA 9653 also recognizes the landlord’s need to make necessary repairs on premises subject to an existing condemnation order by appropriate authorities to make the premises safe and habitable. In that situation, the law gives the ejected tenant first preference to lease the same premises after repair, subject to the conditions in the statute. (Lawphil)

Special notes for foreigners renting in the Philippines

Foreigners renting homes, condos, apartments, or commercial spaces in the Philippines generally have the same basic contract and Civil Code rights as tenants. But practical issues often arise:

Some landlords rely on the foreign tenant’s unfamiliarity with Philippine law.
Foreign tenants may be asked to sign English lease contracts with vague repair clauses.
If the foreign tenant is abroad when the dispute happens, documents signed overseas for Philippine use may need consular notarization or apostille, depending on the document and country.
If a representative will act in the Philippines, the landlord, barangay, or court may ask for a Special Power of Attorney.
Foreigners should be extra careful with “as is” clauses, deposit deductions, and verbal promises by agents.

Foreign tenants should insist on a detailed move-in inspection report, photo inventory, official receipts, and written approval before making repairs or alterations.

Common real-life scenarios

The roof leaks during rain, but the landlord says the tenant must pay

If the leak is due to old roofing, defective waterproofing, or a pre-existing condition, this is usually a landlord-level necessary repair unless the lease clearly and validly shifts that duty. The tenant should report the leak immediately and document water damage.

The tenant broke the shower, faucet, or door lock

If the damage came from misuse, force, negligence, or tenant-installed fixtures, the landlord may charge the tenant. But if the fixture failed because it was old, corroded, or already defective, the tenant can dispute the charge.

The apartment had termites before move-in

Termite damage can be tricky. If the infestation was hidden or structural, the tenant has a strong argument that it is not tenant-caused. If the tenant ignored visible termite damage for months and failed to inform the landlord, the landlord may argue the tenant contributed to worsening damage.

The landlord wants the tenant to pay for repainting the whole unit

Repainting after normal use is often ordinary wear and tear, especially after a long lease. But repainting may be chargeable if the tenant caused stains, unauthorized paint changes, smoke damage, heavy markings, or wall damage beyond normal use.

The landlord wants to replace old plumbing and charge the tenant

Major plumbing replacement due to age or defective original installation should generally not be passed to the tenant unless the tenant caused the damage or clearly agreed to shoulder that class of repairs. A general “maintain the premises” clause is usually not enough by itself to justify charging the tenant for capital repairs.

The tenant repaired the unit and wants reimbursement

Reimbursement is strongest when the repair was necessary, urgent, properly documented, and done after the landlord failed to act despite notice. It is weaker when the tenant made upgrades, improvements, or cosmetic changes without written approval.

Documents to prepare if a repair dispute escalates

Document or evidence	Why it matters
Lease contract and renewals	Shows repair clauses, deposit terms, notices, and agreed use
Move-in photos and videos	Proves pre-existing defects
Move-out photos and videos	Shows actual condition upon return
Written notices to landlord	Proves the landlord was informed
Repair estimates and receipts	Supports the amount claimed or disputed
Contractor report	Helps identify cause of damage
Barangay blotter or mediation records	Shows attempt to settle
Official receipts for rent and utilities	Prevents false claims of non-payment
Bank transfer records	Supports payments made
Building admin reports	Useful for condo leaks, common areas, and structural issues
Inspection report from local building office	Important for unsafe or dilapidated premises

Practical timelines

Step	Typical timeframe
Written repair notice to landlord	Same day to 3 days from discovery
Landlord response for non-urgent repairs	3 to 15 days, depending on severity
Urgent safety repair	As soon as possible
Barangay mediation schedule	Often within days to a few weeks
Issuance of Certificate to File Action if settlement fails	Depends on barangay process and attendance
Small claims or first-level court action	Varies by court docket and service of summons
Ejectment case	Faster than ordinary civil cases, but still affected by court congestion

Frequently Asked Questions

Can my landlord make me pay for all repairs because the contract says so?

Possibly for repairs clearly covered by a valid lease clause, but not automatically. The landlord still has duties under the Civil Code, especially to deliver a property fit for its intended use and to avoid unsafe or uninhabitable conditions. The cause of damage matters.

Who pays for repairs if the apartment was already old when I moved in?

If the repair is needed because of age, ordinary deterioration, pre-existing defects, or major systems failing, the landlord usually has the stronger obligation. If you accepted visible defects or agreed in writing to repair them, your position may be weaker.

Can I stop paying rent if the landlord refuses to repair?

Article 1658 allows suspension of rent when the landlord fails to make necessary repairs or maintain peaceful and adequate enjoyment, but doing this without proper documentation can lead to ejectment risk. Send written notice, keep proof, and consider barangay mediation before withholding rent.

Can the landlord deduct roof, plumbing, or electrical repairs from my deposit?

Only if the charge is legally and factually justified. Major roof, plumbing, or electrical repairs caused by age, poor construction, or pre-existing defects should not be deducted from the tenant’s deposit unless the tenant caused the damage or clearly agreed to shoulder that repair.

What if the unit is dangerous to live in?

If the dwelling creates imminent and serious danger to life or health, Article 1660 allows the tenant to terminate the lease at once by notifying the landlord. For serious structural or safety hazards, the barangay or local building official may also be involved.

Am I liable for damage caused by my guests or family?

Yes. Article 1668 makes the tenant liable for deterioration caused by members of the tenant’s household, guests, and visitors. This includes damage caused by helpers, relatives, visitors, or invited workers.

What if the damage was caused by a typhoon, flood, or earthquake?

The tenant is generally not presumed at fault when destruction is due to earthquake, flood, storm, or other natural calamity. Still, the tenant should document the event and notify the landlord immediately to avoid arguments that the tenant failed to prevent further damage.

Can the landlord evict me because I complained about repairs?

A landlord cannot simply force a tenant out without following the proper legal process. Under the Civil Code, judicial ejectment may be based on grounds such as expiration of the lease, non-payment of rent, violation of contract conditions, or improper use causing deterioration. Self-help eviction, lockouts, harassment, or utility disconnection may create additional legal problems.

Do I need to go to the barangay first?

Often, yes, if both parties are individuals actually residing in the same city or municipality and no exception applies. Barangay conciliation is commonly required before court action. Exceptions include disputes involving corporations or juridical entities, different cities or municipalities, urgent legal action, and other cases listed in the Katarungang Pambarangay rules. (Lawphil)

Key Takeaways

A landlord cannot automatically pass all repair costs to the tenant when the property is already dilapidated.
The landlord normally must deliver a property fit for the intended use and make necessary repairs, unless a valid lease clause provides otherwise.
The tenant pays for damage caused by the tenant, household members, guests, misuse, negligence, or unauthorized alterations.
Ordinary wear and tear, age-related deterioration, natural calamity damage, hidden defects, and major habitability issues are usually not simple tenant expenses.
A written repair clause matters, but it cannot be used to excuse unsafe, fraudulent, or legally improper conduct.
Tenants should document defects, notify the landlord in writing, avoid unauthorized major repairs, and use barangay mediation or court remedies when needed.
Landlords should itemize and prove repair charges before deducting from the deposit or demanding payment.
For dangerous or uninhabitable dwellings, Article 1660 gives the tenant a strong remedy to terminate the lease by notifying the landlord.