Can a Landlord Raise Rent Without a Written Lease in the Philippines?

Short answer: Yes—but only prospectively and subject to important limits. In the Philippines, an oral lease is valid. If the lease has no fixed written term (e.g., a month-to-month arrangement), a landlord may announce a new rent that takes effect in a future rental period—provided proper advance notice is given and any rent-control caps (if applicable) are observed. A landlord cannot unilaterally raise rent mid-term for a lease with a definite period, and cannot retroactively charge a higher rent for past months.

Below is a practical, Philippine-specific guide to everything that matters on this topic.

1) Oral leases are valid (but with nuances)

Oral = valid: Philippine law recognizes leases even if not in writing.
Statute of Frauds: Agreements for a lease longer than one (1) year must be in writing to be enforceable in court. Shorter or periodic leases (e.g., month-to-month) can be oral and enforceable.
How courts infer the “period”: If no fixed term is agreed, the period generally follows the rent-payment interval—monthly rent implies a month-to-month lease; weekly rent, a week-to-week lease, etc.
Holdover / tacit renewal: When a fixed-term lease ends and the tenant stays with the landlord’s consent, the law treats it as a new implied lease on the same terms except the period becomes periodic (again, typically month-to-month if rent is paid monthly).

Evidence matters when there’s no writing. Receipts, bank transfers, screenshots of messages, and witnesses help prove agreed rent, due dates, and any changes.

2) Fixed term vs. periodic lease: why it controls rent increases

A. Fixed-term (definite period)

No unilateral increase mid-term. The rent is locked for the duration unless both parties agree to a change.
A landlord who wants a higher rent must wait for the term to end and then offer renewal at the new rate (still subject to any rent-control limits).

B. Periodic (e.g., month-to-month)

Prospective changes allowed. The landlord may increase rent effective the next period, so long as:
1. Advance notice is given (see next section), and
2. Any rent-control rules are followed (if the unit is covered).
No retroactive increases. New rates cannot be imposed on a period that has already run.

3) Notice: how much and how to give it

Lead time: In practice, at least 30 days’ written notice for a month-to-month tenancy is considered fair, common, and litigation-safe. (If rent is weekly or daily, align the notice with the period, but 30 days remains a conservative practice.)
Form: Written notice is best—deliver by hand (with acknowledgment), registered mail, or reputable courier. Keep proof of delivery.
Contents to include:
- Tenant’s name and unit; current rent and new rent;
- Effective date (first day of the future period);
- Where/how to pay; and
- A statement that the existing periodic lease will end on the day before the effective date unless the tenant accepts the new rate by staying and paying; otherwise, the tenant should vacate by the end of the current period.

Practical tip: An increase notice can double as a “pay new rate or vacate” notice. That way, if the tenant neither pays the new rate nor vacates, you’ve preserved the path to an unlawful detainer case (see §7).

4) Rent control: caps can limit (or block) increases

The Philippines has time-bound rent-control rules for residential units within certain rent brackets. These rules are periodically extended and revised by housing authorities. If your unit is covered, key effects typically include:

A maximum percentage by which rent may be increased per year, and limits on frequency (e.g., not more than once within a covered period).
Often, a requirement of advance written notice before an increase can take effect.
Exemptions (e.g., units above a specified monthly rent ceiling, new builds for a set number of years, etc.).

What this means for you now:

A landlord may not raise rent beyond the current cap for a covered unit, even without a written lease.
For non-covered residential units and for commercial spaces, rent control generally does not apply; the civil-law rules on leases govern (see §2–3).

Because the coverage thresholds, caps, and expiry dates change over time, always verify the current rent-control circulars in force for your location and rent bracket before acting.

5) Consent, refusal, and “acceptance by conduct”

Tenant’s consent: If, after proper notice, the tenant stays and pays at the new rate, that conduct typically signifies consent, and the increase becomes part of the periodic lease going forward.
Refusal scenario: If the tenant refuses the new rate and keeps paying the old rate:
- The landlord may reject the insufficient payment, terminate the periodic lease at the end of the current period, and require the tenant to vacate (subject to proper notices and any rent-control rules).
- If the landlord accepts the old rate without reservation, a court may view that as waiving the increase for that period.

6) Security deposits and “top-ups”

With no written clause tying the deposit to “one month’s current rent,” a landlord cannot automatically demand a deposit top-up when raising rent in a periodic, unwritten lease. The parties must agree on any top-up—or the landlord can end the periodic lease on notice and offer a new lease with new deposit terms.
Rent-control issuances sometimes include rules about deposits/advance; check current coverage if your unit is within rent-control brackets.

7) If a dispute arises: barangay, courts, and timing

Barangay conciliation first: If landlord and tenant reside or the property lies in the same city/municipality, most rent disputes must first go through Katarungang Pambarangay (Barangay mediation). Obtain a Certificate to File Action if settlement fails—courts will look for it.
Unlawful detainer (MTC): If the tenant stays after the lease ends or fails to pay the new lawful rent:
1. Serve a written demand (pay the new rate or vacate).
2. Observe barangay conciliation if required.
3. File within one (1) year from the last demand/last default.
During the case: Courts often require the tenant to deposit reasonable compensation for use and occupation (typically the last undisputed rent or as the court fixes) while the case is pending.

8) Residential vs. commercial vs. agrarian

Residential units: Potentially covered by rent control (check current caps/coverage). Civil Code rules apply otherwise.
Commercial spaces: Generally not under residential rent control. Periodic commercial leases can see prospective increases with proper notice; fixed terms are locked unless mutually amended.
Agricultural land: Different regime. Agrarian laws and Department of Agrarian Reform (DAR) rules govern agricultural leaseholds; rent (lease rentals) is computed and controlled differently.

9) Local ordinances, association dues, and “other charges”

LGU rules: Some cities/municipalities have landlord-tenant measures (e.g., rent-control implementation, notice practices). Always consider local ordinances.
Association dues / utilities: Distinguish rent from pass-through charges (e.g., association dues, utilities). Without an agreement, a landlord cannot unilaterally invent new fees. If dues go up and the lease allows pass-throughs, those may be collectible separately from rent (but they’re not “rent increases”).

10) Practical decision tree

Is there a fixed term still running?
- Yes: No unilateral increase until the term ends (get tenant’s written consent or wait for expiry).
- No (periodic): Proceed to (2).
Is the unit covered by rent control?
- Yes: Any increase must stay within the cap, not exceed permitted frequency, and observe notice rules.
- No: Decide on a reasonable new rate and give advance written notice (30 days is safe for month-to-month).
If tenant refuses:
- End the periodic lease at period-end with proper notice; pursue barangay conciliation if required; file unlawful detainer if needed.
If tenant pays old rent and you accept without reservation:
- Expect a court to treat the increase as waived for that period.

11) Templates you can adapt

A. Landlord’s Notice of Rent Increase (Month-to-Month)

Date

Tenant: [Name] — [Unit/Address]

Current Rent: ₱[amount] per month New Rent: ₱[amount] per month Effective Date: [e.g., 1 November 2025]

This is a month-to-month lease. In accordance with law and applicable regulations, please be advised that effective on the date above, monthly rent shall be ₱[new amount]. If you agree, please continue your occupancy and pay the new rent on or before [due date].

If you do not agree, please vacate and surrender the unit on or before [the day before the effective date]. If you believe rent-control rules apply to your unit, please let us know immediately so we can confirm coverage and the applicable cap.

[Landlord’s Name & Signature]

B. Tenant Response (If Disputing Coverage or Amount)

Date

I acknowledge receipt of your notice dated [date]. I believe the unit is covered by rent control and that the proposed increase exceeds the allowable cap / frequency. I am willing to pay the lawful increase of ₱[amount] effective [date]. Please confirm.

[Tenant’s Name & Signature]

12) Key takeaways

Without a written lease, a landlord can raise rent prospectively on a periodic lease with proper notice and within any applicable rent-control cap.
No mid-term or retroactive increases.
Documentation and delivery of notice are crucial.
Barangay conciliation is often a prerequisite to litigation when parties are in the same city/municipality.

This guide provides general information for the Philippine setting and isn’t a substitute for tailored legal advice. Because rent-control coverage and caps are time-bound and periodically updated, confirm the current rules for your unit’s location, rent bracket, and date of effectivity before acting.