In the Philippines, the relationship between a lessor (landlord) and a lessee (tenant) is governed primarily by the Civil Code of the Philippines and, for specific residential units, the Rent Control Act (Republic Act No. 9653). One of the most fundamental obligations of a landlord is to maintain the leased property in a condition fit for the use intended. When a landlord fails to address structural defects, health hazards, or safety violations, the law provides the tenant with specific legal avenues to compel compliance or terminate the agreement.
I. The Statutory Obligation of the Landlord
Under Article 1654 of the Civil Code, the lessor is legally mandated to:
- Deliver the thing which is the object of the contract in such a condition as to render it fit for the use intended.
- Make all necessary repairs on the property during the lease to keep it suitable for the intended use, unless there is a contrary stipulation.
- Maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of the contract.
If an apartment becomes "unsafe"—whether due to electrical issues, plumbing failure, structural instability, or lack of sanitation—the landlord is in direct breach of these statutory duties.
II. Primary Legal Remedies for the Tenant
When a landlord ignores requests to fix unsafe conditions, the Civil Code provides two primary judicial remedies under Article 1659:
1. Rescission of the Lease Contract
If the dwelling becomes uninhabitable or the landlord refuses to perform essential repairs, the tenant may ask the court to rescind (cancel) the contract. Rescission returns the parties to their status before the contract, and the tenant may be entitled to damages for the inconvenience or hazards faced.
2. Action for Damages with Specific Performance
The tenant may choose to keep the lease but sue the landlord to compel them to make the necessary repairs (Specific Performance). Simultaneously, the tenant can demand compensation (Damages) for any injury or loss of property resulting from the unsafe conditions.
III. The Right to Suspend Rent Payments
One of the most powerful tools available to a tenant is found in Article 1658 of the Civil Code. A lessee may suspend the payment of rent if:
- The lessor fails to make the necessary repairs; or
- The lessor fails to maintain the lessee in peaceful and adequate enjoyment of the property.
Caution: Rent suspension should not be done arbitrarily. It is legally advisable to notify the landlord in writing (via a formal Demand Letter) that rent will be withheld and placed in an escrow account or deposited with the court until the safety issues are resolved.
IV. Repair and Deduct: The Self-Help Remedy
While the Civil Code generally requires the landlord to perform repairs, Article 1663 and related jurisprudence suggest that in cases of urgent repairs necessary to prevent imminent danger or further damage, a tenant may perform the repairs themselves.
To successfully claim reimbursement or deduct the cost from the rent, the tenant must:
- Notify the landlord of the need for urgent repairs.
- Show that the landlord failed to act promptly.
- Keep all receipts and documentation to prove the expenses were "necessary" and not merely "useful" (cosmetic) improvements.
V. Administrative and Local Remedies
Beyond the Civil Code, tenants can seek intervention from local government units (LGUs):
- The Office of the Building Official (OBO): If the safety issue involves structural integrity, electrical hazards, or fire safety violations, a tenant can report the building to the local OBO. They can inspect the premises for violations of the National Building Code (P.D. 1096).
- Barangay Conciliation: Under the Katarungang Pambarangay Law, most landlord-tenant disputes must undergo mediation at the Barangay level before a case can be filed in court. This is an effective venue for reaching a compromise on repair schedules.
- Sanitary Inspector: For issues involving mold, pest infestations, or sewage, the local health office can issue citations if the property violates the Code on Sanitation of the Philippines (P.D. 856).
VI. Summary of Rights and Actions
| Situation | Recommended Legal Action | Legal Basis |
|---|---|---|
| Imminent Danger | Vacate immediately and file for Rescission. | Article 1659, Civil Code |
| Persistent Leaks/Failing Electrical | Issue a formal Demand Letter; Suspend rent if ignored. | Article 1658, Civil Code |
| Urgent/Minor Safety Fixes | Repair and Deduct (with notice). | Article 1663, Civil Code |
| Violation of Building Standards | File a complaint with the City Building Official. | P.D. 1096 |
Conclusion
In the Philippines, "as-is, where-is" clauses in residential leases do not generally exempt a landlord from the duty to ensure a property is safe and habitable. Tenants are protected by a framework that prioritizes human safety over contractual stipulations. When faced with unsafe conditions, the progression of remedies usually moves from a formal demand, to Barangay mediation, and finally to judicial action for rescission or damages.