In the Philippines, the relationship between landlords and tenants in residential and commercial leases is primarily governed by the Civil Code of the Philippines (Republic Act No. 386). The provisions on lease contracts, found in Articles 1642 to 1688, establish the default rules that apply when the parties have not stipulated otherwise in a written lease agreement. These rules allocate responsibilities for repairs, maintenance, and habitability, with particular importance attached to utility systems and water-related issues due to the country’s tropical climate, frequent typhoons, and aging building infrastructure in many urban areas.

Lease contracts may modify these obligations through express stipulations, but parties cannot validly waive provisions that are contrary to law, public policy, or the implied warranty of habitability. Courts interpret ambiguities in favor of the tenant when the lease concerns a dwelling place. Local government ordinances in cities such as Manila, Quezon City, or Cebu may impose additional requirements on rental properties, but the Civil Code remains the foundational statute.

Legal Framework and Key Principles

The core obligations are set out in the following Civil Code provisions:

Article 1654: The lessor (landlord) must (1) deliver the leased property in a condition fit for the use intended, (2) make all necessary repairs during the lease to keep it suitable for its purpose, and (3) maintain the lessee (tenant) in the peaceful and adequate enjoyment of the property throughout the lease term.
Article 1657: The lessee must pay the agreed rent, use the property only for the stipulated purpose or its ordinary intended use, and return the property in the same condition, except for ordinary wear and tear or damage caused by force majeure.
Article 1656: The landlord is not obliged to make repairs required because of the tenant’s fault or negligence.
Article 1660: If urgent repairs are needed and the landlord fails to act after notice, the tenant may cause the repairs to be made and demand reimbursement or deduct the cost from the rent, provided proper notice and documentation are given.
Article 1662: The tenant must notify the landlord of any defect or condition that may impair the use or value of the property.

These rules embody the principle that the landlord bears primary responsibility for the structural integrity and essential systems of the building, while the tenant is responsible for day-to-day care and any damage caused by misuse.

The implied warranty of habitability requires that the premises remain safe, sanitary, and reasonably fit for human habitation. Serious water leakages, persistent plumbing failures, or utility breakdowns that render the unit uninhabitable may justify rent withholding, repair-and-deduct remedies, or even rescission of the lease under Article 1658 (suspension of rent for failure to maintain peaceful enjoyment) or general principles of mutual obligation.

Landlord Responsibilities for Repairs and Utilities

The landlord is generally responsible for major repairs and those necessary to keep the property tenantable. This includes:

Structural elements: roofs, walls, foundations, and beams.
Building-wide utility systems: main water lines, sewer mains, electrical wiring up to the unit’s meter or panel, plumbing risers, and drainage systems.
Common areas in apartments or multi-unit buildings: hallways, stairwells, elevators, and shared plumbing or electrical infrastructure.
Initial installation and replacement of major fixtures when they reach the end of their useful life due to ordinary wear and tear.

For utility repairs specifically:

Water supply and plumbing: The landlord must maintain the primary water lines, pressure systems, and connections from the street or deep well up to the point of delivery into the unit. Leaks in main pipes, corroded risers, or faulty building water meters fall under the landlord’s duty.
Electrical systems: The landlord is responsible for the main electrical panel, wiring within the walls, and grounding systems. Replacement of dangerous or outdated wiring is a landlord obligation.
Sewer and drainage: Blockages or failures in the building’s main sewer line or septic system are the landlord’s responsibility unless caused by tenant misuse (e.g., flushing inappropriate materials).
Gas systems (where present): Maintenance of gas lines and regulators is typically the landlord’s duty.

The landlord must act within a reasonable time after receiving written notice from the tenant. What constitutes “reasonable time” depends on the urgency—emergency situations such as major flooding, loss of water supply, or electrical hazards demand prompt action, often within 24 to 48 hours.

Tenant Responsibilities for Repairs and Utilities

The tenant’s primary duties revolve around proper use, timely notification, and minor maintenance:

Keep the premises clean and sanitary.
Perform ordinary upkeep such as replacing light bulbs, cleaning drains within the unit (unless caused by building-wide issues), changing air filters, and minor painting or caulking.
Pay utility bills when the lease provides that utilities are separately metered and billed to the tenant (common practice in the Philippines for water and electricity).
Avoid alterations or installations that could damage utility systems without landlord consent.
Immediately report any leaks, plumbing issues, electrical faults, or structural problems in writing (text, email, or formal letter with proof of receipt recommended).

The tenant is liable for repairs or damages resulting from negligence, willful acts, or failure to exercise ordinary diligence. Examples include:

Damage from leaving faucets running or failing to turn off water during absence.
Clogged drains caused by grease, hair, or foreign objects.
Holes drilled in walls that damage plumbing or wiring.
Unauthorized modifications to electrical or plumbing systems.

If the tenant causes damage, the landlord may deduct repair costs from the security deposit or pursue a separate claim for reimbursement.

Water Leakages: Specific Rules and Scenarios

Water leakages represent one of the most common sources of dispute in Philippine rentals. Responsibility depends on the source, cause, and extent of the damage.

Landlord responsibility applies in these cases:

Leaks originating from the roof, gutters, or exterior walls due to poor maintenance or age.
Leaks from common pipes, risers, or the building’s main water infrastructure.
Leaks from fixtures originally installed by the landlord that fail through normal wear (e.g., old galvanized pipes, faulty water heaters, or shower valves).
Water intrusion from adjacent units or common areas.
Resulting mold, dampness, or structural damage that affects habitability.

Tenant responsibility applies when:

The leak is caused by the tenant’s negligence (e.g., overflowing bathtub, broken appliance hose installed by the tenant, or failure to report a minor drip that worsens).
Damage results from unauthorized alterations (e.g., installing a washing machine without proper drainage).
The tenant refuses access for repairs after proper notice.

Mixed or shared responsibility often occurs in multi-unit buildings. A leak from an upstairs unit may require coordination between multiple parties. The landlord of the affected unit typically handles interior repairs, while the landlord of the source unit repairs the originating defect. Tenants are expected to mitigate damage (e.g., moving furniture, turning off water valves) and document the incident with photos and timestamps.

When water leakage causes damage to the tenant’s personal property, the landlord may be liable under quasi-delict (Article 2176) if the landlord was negligent in maintaining the building. The tenant must prove negligence and the amount of loss. Building insurance (if any) usually covers the structure but not the tenant’s belongings; tenants are advised to secure their own renter’s insurance.

Procedure for addressing water leakages:

Tenant provides immediate written notice describing the location, severity, and any visible damage.
Landlord inspects and commences repairs within a reasonable period.
If the unit becomes uninhabitable (no water, severe flooding, electrical hazards), the tenant may suspend rent payment until restored or seek lease termination.
Tenant may undertake emergency repairs (e.g., temporary sealing, hiring a plumber for urgent flooding) and seek reimbursement, retaining receipts and prior notice evidence.
Both parties should document everything: photos, videos, communications, and repair invoices.

In cases of repeated or severe leakages that the landlord fails to address despite notice, the tenant may file a complaint before the barangay for conciliation, proceed to small claims court (for amounts within the threshold), or file a civil action in regular courts for damages, rent refund, or rescission.

Damage, Liability, and Force Majeure

Natural disasters such as typhoons, heavy monsoon rains, or earthquakes may cause water damage. Under Article 1174, the landlord is generally not liable for damages caused by fortuitous events if the premises were properly maintained beforehand. However, the duty to repair and restore habitability remains unless the lease is terminated by mutual agreement or court order due to total loss (Article 1680).

If the landlord’s negligence contributed to the vulnerability (e.g., unrepaired roof before typhoon season), liability attaches. Tenants who fail to take reasonable steps to mitigate damage (e.g., not covering furniture during known flooding) may have their claims reduced.

Security deposits, governed by Article 1671 and common practice, may be applied to unpaid rent or repair costs for tenant-caused damage but cannot be withheld arbitrarily for normal wear and tear. Landlords must return the deposit or provide an itemized accounting within one month after the tenant vacates and turns over the keys, subject to any contrary stipulation that is not unconscionable.

Dispute Resolution and Enforcement

Disputes are commonly resolved through:

Barangay conciliation (mandatory for most civil disputes involving amounts below certain thresholds).
Small claims courts for repair costs, unpaid rent, or deposit disputes.
Regular civil courts for larger claims, lease rescission, or injunctions.
Department of Human Settlements and Urban Development (DHSUD) or local housing boards for regulated socialized housing units.

Eviction proceedings (unlawful detainer) under Rule 70 of the Rules of Court may be filed by the landlord if the tenant withholds rent without legal justification or commits material breaches. Tenants facing eviction for asserting repair rights have defenses based on the landlord’s prior failure to maintain the premises.

Practical Considerations in Philippine Context

Lease agreements in the Philippines should explicitly address utility responsibilities, repair procedures, notice requirements, and water leakage protocols to avoid ambiguity. Common practices include:

Separate metering for water and electricity.
Landlord providing functional plumbing and electrical systems at the start of the lease.
Tenant maintaining air-conditioning units, appliances, and interior fixtures unless otherwise agreed.
Provisions for pre-lease joint inspection and post-termination inspection.

In older buildings prevalent in Metro Manila and provincial cities, corrosion of galvanized pipes and inadequate drainage systems make proactive maintenance essential. Landlords are encouraged to conduct regular inspections, especially before the rainy season (June to November). Tenants should document the condition of the unit upon move-in with photos and a signed inventory.

The law balances the landlord’s property rights with the tenant’s right to a habitable dwelling. Ultimate resolution of any conflict turns on evidence of notice, reasonableness of response time, and causation of the problem. Both parties benefit from clear communication, prompt action, and documentation when utility repairs or water leakages arise.