In the Philippine rental market, bedspacing and dormitory operations represent a significant sector of the housing industry, particularly in high-density urban hubs like Metro Manila, Cebu, and Davao. Unlike a standard residential lease of an entire unit, bedspacing involves shared communal living, which necessitates a more granular set of regulations to maintain order, safety, and harmony.
From a legal and operational standpoint, well-drafted house rules serve as the "law of the home," filling the gaps left by the Civil Code and the Rent Control Act.
1. The Legal Foundation: Why House Rules Matter
While the Civil Code of the Philippines (Title VI) governs lease contracts, it often lacks specific provisions for the daily friction of shared living. House rules act as a supplementary contract. Under Philippine law, once a tenant signs a lease agreement that incorporates house rules by reference, those rules become legally binding obligations.
Key Legislative Considerations:
- The Rent Control Act (R.A. 9653): Primarily regulates rent increases and grounds for judicial ejectment.
- The Civil Code: Defines the obligations of the lessor (owner) to maintain the property and the lessee (tenant) to use the property with "the diligence of a good father of a family."
- Local Government Ordinances: Many cities (e.g., Quezon City, Manila) have specific fire safety and health sanitation ordinances specifically for dormitories.
2. Core Components of Effective House Rules
To be enforceable and effective, house rules should be categorized into specific areas of concern:
A. Payment Terms and Penalties
Clarity on finances prevents the majority of landlord-tenant disputes.
- Due Dates and Grace Periods: Specify the exact day of the month rent is due.
- Utility Allocation: If utilities are not sub-metered, clearly state how water and electricity costs are split (e.g., "equally divided among occupants" or "fixed monthly surcharge").
- Penalty for Late Payment: State the daily or monthly percentage penalty for late payments, ensuring it is not "usurious" or unconscionable.
B. Security and Safety Protocols
Given the high density of dormitories, safety is a paramount legal liability for owners.
- Curfews: While common in student dorms, specify if there are lockout times or if 24/7 access is allowed via keycard.
- Visitor Policy: Define "No-Go" zones for visitors (e.g., bedrooms) and "Visiting Hours" in common areas. State clearly if "sleepovers" are strictly prohibited or subject to a fee.
- Fire Safety: Prohibit high-wattage appliances (induction cookers, portable ACs) not cleared by management. Explicitly ban smoking and the use of candles or incense.
C. Hygiene and Maintenance
Shared spaces deteriorate quickly without strict oversight.
- CLAYGO (Clean As You Go): Mandatory for kitchens and dining areas.
- Waste Segregation: Align rules with R.A. 9003 (Ecological Solid Waste Management Act), requiring tenants to separate recyclables from residuals.
- Laundry and Drying: Prohibit hanging wet clothes on window grills or inside rooms to prevent mold and maintain the building's aesthetic.
D. Conduct and Noise Levels
- Quiet Hours: Usually between 10:00 PM and 6:00 AM.
- Prohibited Substances: Explicitly ban illegal drugs and alcohol consumption within the premises. Note that possession of illegal drugs is a ground for immediate termination of the lease under the Civil Code.
- Harassment and Bullying: Include a "Zero Tolerance" policy for verbal or physical altercations between tenants.
3. The "Due Process" Clause
In the Philippines, you cannot simply throw a tenant's belongings out on the street for a rule violation. To protect yourself from a "Forcible Entry" or "Unlawful Detainer" countersuit, your house rules must outline a Three-Strike Policy:
- First Offense: Verbal Warning (documented).
- Second Offense: Written Warning (Notice to Comply).
- Third Offense: Notice to Vacate/Termination of Lease.
4. Administrative Requirements for Owners
To ensure your house rules stand up in a Barangay conciliation or a court of law, ensure the following:
| Requirement | Description |
|---|---|
| Written Acknowledgment | Every tenant must sign a copy of the House Rules upon move-in. |
| Prominent Display | Post a laminated copy in a common area (e.g., the kitchen or main hallway). |
| Inventory List | Attach a list of furniture provided (bunk beds, lockers) and their condition to the rules to prevent disputes over the security deposit. |
5. Prohibited Provisions
Under Philippine law, certain rules are "void ab initio" (void from the beginning) because they violate public policy:
- Confiscation of Personal Property: You cannot legally "seize" a tenant's laptop or phone to cover unpaid rent without a court order.
- Waiver of Rights to Due Process: You cannot force a tenant to sign away their right to a court hearing before eviction.
- Invasion of Privacy: While you own the property, you cannot enter a locked room without prior notice, except in emergencies (fire, flood).
Summary for Implementation
When creating your rules, balance strictness with livability. A dormitory is not just a business; for the tenants, it is their home. Rules that are too restrictive may lead to high turnover, while rules that are too lax can lead to property damage and legal liabilities. Framing your rules as a "Community Covenant" rather than a list of prohibitions often encourages better compliance from Filipino tenants.