The Philippines follows a Civil Code-based lease framework that clearly places the primary responsibility for maintaining the leased premises — including all utility systems essential to habitability — on the landlord (lessor). This principle is non-negotiable in residential leases unless the parties expressly and validly agree otherwise in writing. Below is a comprehensive and up-to-date (as of December 2025) explanation of the law, jurisprudence, and practical application regarding utility repairs (water, electricity, plumbing, drainage, sewage, and related installations) in rental units.
Legal Foundation
Civil Code of the Philippines (Republic Act No. 386, as amended)
- Article 1654 – Obligations of the lessor:
(2) To make on the same during the lease all the necessary repairs in order to keep it suitable for the use to which it has been devoted, unless there is a stipulation to the contrary.
This is the core provision. “Necessary repairs” include all repairs required to preserve the property in a condition fit for habitation, which necessarily covers utility systems.
- Article 1654 – Obligations of the lessor:
Article 1665
The lessee is obliged to bring to the knowledge of the lessor, within the shortest possible time, every usurpation or untoward act and every need for necessary repairs.Article 1666 (Urgent repairs)
If the lessor fails to make urgent repairs which are necessary to prevent imminent danger or serious damage, the lessee may order the repairs at the lessor’s cost, after notifying the lessor. The lessee may retain the thing leased until reimbursement.Article 1659 (Non-urgent necessary repairs)
If the lessor fails to make necessary repairs, the lessee may ask the court for:- Authorization to make the repairs himself and recover the cost (with legal interest), or
- Reduction of rent proportionate to the loss of use, or
- Rescission of the contract with damages if the defect is serious.
Article 1668
The lessee may execute repairs that are indispensable for safety even without prior notice if delay would cause imminent danger, and shall be reimbursed.Article 1719 (Hidden defects)
The lessor is liable for hidden defects in utility installations existing at the time of lease perfection even if he was unaware of them.Article 1724
Repairs due to the fault or negligence of the lessee are chargeable to the lessee.
What Constitutes “Utility Repairs” Under Philippine Law?
Supreme Court jurisprudence (e.g., Heirs of Jose Sy Bang v. Sy, G.R. No. 210011, 2019; Spouses Galvez v. CA, G.R. No. 157612, 2011) consistently interprets “necessary repairs” under Article 1654 to include all systems essential to the ordinary and comfortable use of the premises:
- Water supply lines, pumps, tanks, water heaters, faucets, toilets, showers
- Electrical wiring, main breakers, outlets, lighting fixtures (installed by landlord)
- Drainage and sewage pipes
- Roof leaks that affect electrical or water systems
- Elevator (if part of the leased building and essential)
- Common area utility lines that service the rented unit
Repairs that merely improve or upgrade the system (e.g., installing a new inverter-type air-conditioner or water filtration system) are not the landlord’s obligation unless agreed upon.
Repairs for Which the Landlord Is Always Responsible
| Category | Examples (Landlord’s Duty) | Exceptions (Tenant Pays) |
|---|---|---|
| Structural & concealed installations | Main water pipes, concealed wiring, sewer lines inside walls, roof leaks affecting utilities | Damage caused by tenant’s negligence or misuse |
| Main service lines | From meter to unit (if landlord-owned), building riser pipes, main electrical panel | Post-meter consumption lines installed by tenant |
| Safety-related defects | Exposed live wires, leaking pipes causing mold or flooding, non-functional fire exits with lighting | Appliances brought in by tenant |
| Hidden defects at turnover | Pre-existing clogged main drain, corroded pipes discovered after move-in | None – landlord liable even if unaware |
Repairs for Which the Tenant May Be Responsible
- Minor day-to-day maintenance (e.g., replacing light bulbs, unclogging sink due to hair/grease, changing faucet washers) if the contract so stipulates and the cost is minimal.
- Damage caused by the tenant, household members, or guests (Article 2176, 2179, 2190–2193 in relation to Article 1663).
- Unauthorized modifications (e.g., tenant illegally tapped into main line).
Tenant Remedies When Landlord Refuses or Delays Utility Repairs
Written Demand (Essential First Step)
Send a formal letter (preferably via registered mail or email with read receipt) giving the landlord a reasonable period (usually 3–7 days for urgent matters, 15–30 days for non-urgent). Include photos/video evidence and estimated cost.Urgent Repairs (Imminent Danger or Serious Inconvenience)
- Proceed with repairs yourself using a licensed contractor.
- Deduct the cost from future rent or demand immediate reimbursement (Article 1666, 1668).
- Retain possession until paid.
Non-Urgent but Necessary Repairs
File a case in the proper court (Municipal Trial Court or Metropolitan Trial Court) for:- Specific performance + damages
- Rent reduction (proportional to the portion rendered unusable)
- Contract rescission + damages + refund of deposits (if the defect renders the unit uninhabitable)
Barangay Conciliation (Mandatory for Most Disputes)
Before filing in court, the dispute must undergo barangay conciliation (except when one party is a corporation or the amount exceeds ₱1,000,000 as of 2025 amendments to the Katarungang Pambarangay Law).Consignation of Rent
If the landlord refuses repair and threatens eviction for non-payment, the tenant may deposit the rent in court (Articles 1256–1261) to preserve the right to possess while the repair issue is resolved.Constructive Eviction
If the lack of utilities renders the unit uninhabitable (no water for weeks, no electricity, severe flooding due to unrepaired leaks), the tenant may vacate without liability and sue for damages (Spouses Yu v. Pelayo, G.R. No. 213238, 2017).DHSUD Complaint (for Subdivision/Condominium Rentals)
If the rental is inside a subdivision or condominium governed by a homeowners’ association, file a complaint with the Department of Human Settlements and Urban Development (DHSUD) for violation of the homeowner’s obligation to maintain common areas/utility systems.
Special Situations
Submetered Utilities
Landlords may not charge more than the actual Meralco/Maynilad rate (Duterte-era DOE-DOE Joint Advisory 2017, still in force). Overcharging is illegal and may be reported to the DTI.Boarded-up or Padlocked Meters
A common illegal practice. Tenants may file estafa or unjust vexation charges, or seek a TRO/injunction.Condominium Units
Interior unit repairs → landlord’s duty.
Common area utility problems (e.g., building water pump failure) → condominium corporation’s duty, but the unit owner (landlord) remains solidarily liable to the tenant.Rent-Controlled Units (if still applicable in certain localities)
While national rent control lapsed in 2017, some LGUs maintain local ordinances. Violations of repair obligations constitute grounds for eviction prohibition and administrative fines.
Prohibited Clauses in Lease Contracts
Any stipulation that completely waives the landlord’s Article 1654(2) obligation is void for being contrary to law and public policy (Article 1306, Civil Code). A clause stating “tenant responsible for all repairs” is unenforceable except for minor maintenance or tenant-caused damage.
Prescription Periods
- Action to enforce repair/reimbursement: 10 years (contractual, Article 1144)
- Action for damages due to hidden defects: 4 years from discovery (Article 1146)
- Action based on quasi-delict (negligence): 4 years (Article 1146)
Conclusion
Under Philippine law, the landlord bears the clear and continuing obligation to maintain functional water, electricity, plumbing, and drainage systems throughout the lease term. Tenants are strongly protected: they may undertake urgent repairs and recover costs, seek rent reduction or rescission, or vacate without penalty when utilities fail due to the landlord’s neglect. The Supreme Court has repeatedly emphasized that the right to decent and habitable housing is a matter of public policy that prevails over contractual stipulations to the contrary.
Tenants are advised to document everything, issue written demands, and, when necessary, avail of barangay mediation or court action promptly. Landlords who chronically neglect utility repairs risk not only civil liability but also criminal prosecution for violation of the Rental Reform Advocacy provisions under pending bills (as of 2025) or existing anti-estafa laws when they collect rent while knowingly providing uninhabitable premises.
This framework represents the most protective tenant repair regime in Southeast Asia and is zealously enforced by Philippine courts.