Landlord’s Duty to Repair a Leaking Roof: Tenant Rights and Remedies in the Philippines

Why this matters

A leaking roof can quickly render a home or business unfit for its intended use—damaging furniture, inventory, electrical systems, and creating health and safety risks. Philippine law treats roof leaks as a necessary repair that generally falls on the lessor (landlord), not the tenant. Here’s a comprehensive, practice-oriented guide to your rights, duties, and remedies.

Core legal framework (Civil Code of the Philippines)

Obligations of the lessor (landlord)

Deliver the premises fit for the intended use.
Make necessary repairs during the lease to keep the property suitable for that use (unless validly stipulated otherwise).
Ensure the tenant’s peaceful and adequate enjoyment of the property for the duration of the lease.

These duties are found in the Civil Code provisions on lease (commonly cited around Arts. 1654 et seq.). A leaking roof plainly implicates habitability and “adequate enjoyment,” so repairs are ordinarily the landlord’s responsibility.

Obligations of the lessee (tenant)

Pay rent and use the premises with diligence.
Handle ordinary/minor repairs due to wear-and-tear in day-to-day use (e.g., replacing light bulbs), but not necessary or structural repairs (like a roof repair).
Promptly notify the landlord of damage/defects requiring repair and allow reasonable access to inspect and fix.

What counts as a “necessary repair” (and why roof leaks qualify)

“Necessary repairs” are those indispensable to preserve the property or keep it reasonably habitable and usable for the agreed purpose. For dwellings and most commercial spaces, a sound, watertight roof is basic habitability. Persistent or material roof leaks typically:

Undermine health/safety (mold, slip hazards, electrical risk);
Impede agreed use (business shutdowns, ruined stock);
Threaten the property’s integrity (rot, corrosion).

These hallmarks place roof repairs squarely on the landlord.

Duty to repair vs. tenant’s duties

Landlord must:

Act within a reasonable time after notice to investigate and repair;
Shoulder the cost of necessary/structural repairs (roofing, waterproofing, major carpentry);
Coordinate access and minimize disruption.

Tenant must:

Give prompt written notice describing the leak (dates, extent, affected areas), and allow access;
Take reasonable steps to mitigate loss (move valuables, place catch basins, turn off affected circuits if safe, ventilate);
Document everything (photos/videos, inventories, receipts).

Special situations

1) Urgent repairs that cannot be deferred

If repairs are urgent and indispensable (e.g., active leaks during the rainy season) and the landlord fails or refuses to act after demand, the Civil Code allows the tenant to:

Undertake the urgent repair, and
Recover the cost from the landlord (often via reimbursement or repair-and-deduct from rent, provided you have given prior demand/notice, obtained reasonable quotations, and kept receipts).

Good practice: use written demand, get at least two quotations, pick a reasonable solution, and notify the landlord you will deduct from rent if not reimbursed by a specified date.

2) Repairs cause substantial disturbance

If repairs are indispensable but disruptive, the tenant must generally tolerate them. However, if they render the premises unusable in whole or in part during the works, the tenant may claim proportional rent reduction or temporary suspension of rent for the affected period. If the premises become unfit for their intended use for a significant time, the tenant may rescind (terminate) the lease and seek damages if the landlord is at fault.

3) Hidden defects and landlord fault

If a pre-existing defect (e.g., deteriorated waterproofing) was unknown to the tenant and not disclosed by the landlord, and it substantially impairs use, the tenant may pursue rescission or damages. If the landlord was in bad faith (knew and concealed), broader damages may be available.

4) Force majeure (typhoons, earthquakes)

If a supervening event damages the roof, the landlord still bears the duty to restore habitability for the lease to continue. Where the premises are partly destroyed or substantially unfit for use for a material time, the tenant may seek rent reduction, suspension, or termination depending on the extent and duration of loss of use—without prejudice to insurance recoveries.

Money issues: rent, deposits, and damages

Rent during leak periods

If the leak substantially deprives you of use, you may claim proportional reduction or suspension for the duration of unavailability (especially if the landlord delayed despite notice).
Document the timeline: date of notice, response/inaction, periods of unusability.

Security deposit

Typically applied at the end of the lease to unpaid obligations or tenant-caused damage.
Normal wear and tear and landlord-duty repairs (e.g., roof defects) should not be charged to the tenant’s deposit.

Recoverable damages

Actual damages (spoiled inventory, water-damaged equipment/furniture), if causally linked to the landlord’s breach or delay and properly proven (receipts, photos, reports).
Lost profits for commercial tenants may be claimed with competent proof (sales records, contracts), not speculation.
Moral/exemplary damages require bad faith or wanton conduct; not awarded for mere breach without malice.
Attorney’s fees may be recoverable in specific circumstances (e.g., if you were compelled to litigate due to the landlord’s unjust refusal).

Contract clauses to watch (and how courts typically view them)

“As-is” or waiver of repairs: Cannot defeat the landlord’s statutory duty to make necessary repairs for habitability; courts construe waivers strictly against the party invoking them, especially in residential leases.
Repair-and-deduct: Some leases expressly allow it; even if silent, Civil Code principles on urgent indispensable repairs support it after proper demand.
Notice and cure periods: Respect what’s agreed, but “reasonable time” is fact-specific—during rainy season, even 48–72 hours may be too slow for active leaks.
Insurance: A landlord’s property insurance does not erase the duty to repair. Tenant’s contents/business interruption insurance may cover personal losses but does not shift structural repair duties.

Practical roadmap for tenants (step-by-step)

Document the problem
- Photos/videos of leaks, ceiling stains, pooling, damaged items, and your meter/fixtures if relevant.
- Keep a log: dates/times of water ingress, weather conditions, calls/messages.
Send a formal demand (email + courier or any trackable service)
- Describe the leak and urgency; attach evidence.
- Cite the landlord’s Civil Code duty to make necessary repairs and request repair within a specific, reasonable timeframe.
- State that failure to act will compel you to arrange urgent repairs and seek reimbursement or deduct from rent.
Allow inspection and access
- Offer dates/times; keep proof of your cooperation.
If no action and the leak is urgent/indispensable
- Obtain two or more quotes, choose a reasonable contractor, and proceed.
- Keep contracts, receipts, before/after photos.
- Notify the landlord of the cost and your chosen reimbursement/deduction timeline.
Assess loss of use
- If rooms/business areas were unusable, compute proportional rent reduction (e.g., % of floor area affected × days unusable ÷ billing period). State your computation transparently.
Escalation options
- Barangay conciliation (Katarungang Pambarangay) if both parties reside or the property lies in the same city/municipality and the dispute is covered; bring evidence and your demand letter.
- Court action for specific performance (to compel repairs), damages, rescission, or rent reduction/suspension declarations. For commercial leases, consider urgent relief (e.g., injunction) when warranted.
- Keep paying the undisputed portion of rent to avoid exposure to ejectment; place disputed amounts in a separate account and make your computations clear in writing.

Landlord’s perspective (compliance checklist)

Acknowledge notice in writing and inspect promptly (ideally within 24–48 hours for active leaks).
Stabilize first (tarps, buckets, power isolation) then implement durable repairs (membrane replacement, flashing, gutters, downspouts).
Communicate a timeline and provide temporary accommodations or rent abatements when use is affected.
Engage licensed contractors, keep permits/receipts, and close out with a punch-list inspection.
Avoid retaliation (e.g., threats of eviction for good-faith complaints)—this invites liability.

Evidence you’ll want to keep

Lease contract; all addenda and building rules.
Photos/videos (dated), contractor reports, moisture readings if any.
Written demands, replies, chat/email threads, delivery receipts.
Receipts/quotations, inventories of damaged items, repair logs.
Sales and booking records (for business loss claims).

Sample demand letter (fill-in template)

Subject: Demand for Immediate Roof Repair and Notice of Remedies Date: [__________]

Dear [Landlord/Property Manager],

I am the tenant of [Address/Unit] under our lease dated [__________]. Since [date], a roof leak has caused water intrusion in [rooms/areas]. Photos and a damage log are attached.

Under the Civil Code, the lessor must make necessary repairs to keep the premises fit for their intended use and ensure the tenant’s peaceful and adequate enjoyment. I therefore demand that you commence appropriate repairs within [48/72] hours and complete them with due dispatch. Please coordinate inspection access at [contact details], available on [dates/times].

If repairs are not commenced within the stated time, I will arrange urgent repair to prevent further damage and will seek reimbursement or deduct the reasonable cost from rent, and I will claim proportional rent reduction for periods of unusability, without prejudice to other remedies.

Kindly confirm your schedule by [deadline].

Sincerely, [Tenant Name] [Contact Information]

FAQs

Can I stop paying rent immediately? Not automatically. If the leak substantially deprives you of use, rent may be reduced or suspended proportionally. To avoid risk of ejectment, pay the undisputed portion and formalize your claim to reduce or suspend the balance with clear computations—and keep the funds earmarked.

Can the landlord charge this to my security deposit? Not for necessary/structural repairs (like a roof) that are the landlord’s duty, nor for ordinary wear and tear. The deposit covers your unpaid obligations or tenant-caused damage.

What if my belongings were destroyed? You may claim actual damages if you can show the landlord’s breach or delay and causal link. Where the landlord acted reasonably and the loss arose from force majeure, recovery may hinge on your own insurance.

Does it matter if the leak is from common areas (condo/HOA)? For condos or subdivisions, administration typically handles common-area roofs. The landlord remains your counterparty and should coordinate with the admin; this doesn’t excuse timely action toward your unit’s habitability.

Bottom line

In Philippine law, a leaking roof is a landlord problem to fix—promptly and effectively. Tenants who give proper notice, document, and act reasonably can (1) compel repairs, (2) repair and deduct for urgent indispensable works after demand, (3) reduce or suspend rent for periods of lost use, and (4) recover damages where warranted. Landlords who respond quickly, communicate, and perform durable repairs minimize exposure and keep the lease on solid legal footing.

This guide provides general legal information. For sensitive or high-value disputes, consult a Philippine lawyer for advice tailored to your facts and contract.