A comprehensive legal overview (Philippine context)

I. Overview

In the Philippines, the relationship between landlord and tenant in residential leases is primarily governed by:

The Civil Code of the Philippines (provisions on lease of things);
The lease contract (rental agreement) between the parties;
Local housing, building, and sanitation regulations; and
Special laws and regulations on rent control (mainly relating to rent increases, not day-to-day repairs).

This article explains, in a practical but legally grounded way:

Who is responsible for which repairs;
When a tenant may demand repairs from the landlord;
When a tenant may repair and charge the landlord or deduct from rent;
When a tenant may withhold rent or seek rent reduction; and
The risks, procedures, and documentation involved.

This is general information only and does not replace advice from a Philippine lawyer who can review your actual contract and facts.

II. Legal Framework

1. General principle: Freedom of contract

Under the Civil Code, leases are contracts. The parties are generally free to agree on:

Who will shoulder specific repairs;
What happens if the landlord fails to repair;
Whether rent can be reduced or suspended; and
How disputes will be resolved.

However, contractual stipulations cannot override mandatory laws or public policy (e.g., health and safety regulations, basic obligations of good faith).

If your contract is silent, Civil Code default rules apply.

2. Key Civil Code concepts relevant to repairs

Without quoting article numbers, the Civil Code essentially provides that:

The lessor (landlord) must:
- Deliver the property in a condition suited for the agreed use (e.g., dwelling).
- Make necessary repairs during the lease to keep it fit for use, unless otherwise agreed.
- Maintain the tenant in peaceful and adequate enjoyment of the lease (no serious leaks, unsafe wiring, etc.).
The lessee (tenant) must:
- Pay the rent as agreed.
- Use the property as a “good father of a family” (i.e., with care).
- Shoulder ordinary minor repairs caused by wear and tear from normal use, if so stipulated or implied by the nature of the lease.

When the landlord fails in these obligations – especially failing to make necessary repairs – the tenant may be entitled to remedies such as:

Reimbursement for expenses;
Reduction of rent;
Suspension of rent in extreme cases; or
Rescission (termination) of the lease, with possible damages.

III. Types of Repairs and Who Is Generally Responsible

1. “Necessary” repairs (karaniwang kinakailangang pagkukumpuni)

These are repairs needed to:

Preserve the property;
Keep it habitable and safe; or
Prevent further serious damage.

Examples (for a residential unit):

Repairing a severe roof leak that causes flooding or structural damage;
Fixing defective electrical wiring that poses fire or electrocution risk;
Repairing or replacing a broken main water line to the unit;
Major structural cracks that compromise stability;
Replacing a collapsed ceiling or rotten floorboards.

Default rule (if contract is silent): The landlord is responsible for necessary repairs because they are essential for the property to remain fit for residential use.

2. “Ordinary” or minor repairs (mga karaniwang maliit na pagkukumpuni)

These are small repairs arising from ordinary wear and tear or day-to-day use.

Examples:

Replacing light bulbs, shower heads, faucets (unless due to major defect);
Minor carpentry (loose cabinet hinges, small cracks in tiles);
Repainting small scuffed areas if caused by the tenant.

Often, the tenant shoulders minor repairs, especially if stated in the contract (e.g., “tenant shall shoulder ordinary repairs not exceeding ₱2,000”).

However, if a “small” item is defective from the beginning (like a faulty circuit box) and it endangers health or safety, that can fall back on the landlord as a necessary repair.

3. “Useful” or improvement-type works

These are works that improve the property but are not strictly necessary for preservation or habitability:

Installing built-in cabinets where there were none;
Upgrading to higher-quality tiles or countertops;
Adding a new extension or covered laundry area.

Generally:

Tenant may make improvements with landlord’s consent, but
The landlord is not automatically required to reimburse or allow deductions from rent, unless agreed.
The tenant may in some cases remove improvements if it can be done without damage, subject to contract terms.

IV. Tenant’s Rights When Landlord Fails to Repair

1. Duty to notify the landlord

Before anything else, the tenant normally must:

Inform the landlord of the defect or damage as soon as reasonably possible.
Give the landlord a chance to conduct or arrange the repairs within a reasonable time, especially for non-emergency issues.

Best practice:

Notify in writing (email, text with screenshots, messaging app, or formal letter);
Describe the problem, how long it has lasted, and the effects on habitability;
Attach photos/videos;
Give a reasonable deadline (e.g., 3–7 days for serious issues, longer for non-urgent).

If you fail to notify, the landlord may later argue that:

They were not given a chance to fix the problem; and
Your own unauthorized repairs or rent deductions are unjustified.

2. If landlord refuses or unreasonably delays repairs

If the defect seriously affects habitability or safety and the landlord ignores requests, Philippine law and jurisprudence generally recognize that a tenant may have several possible remedies:

Repair and seek reimbursement (self-help, with limits);
Seek reduction of rent (if use is diminished);
Suspend rent in extreme cases where the unit is practically unusable (high-risk, must be justified);
Terminate the lease (rescission) if the defect is substantial; and/or
Claim damages (e.g., spoiled belongings, alternative lodging costs) if you can prove fault and losses.

Important: These remedies are not always automatic. How safely you can use them depends on:

Gravity of the defect;
Proof that the landlord was notified and refused;
Whether the defect existed from the start or arose during the lease;
Contract terms; and
Good faith and reasonableness on your part.

V. Can a Tenant Deduct Repair Costs From Rent?

1. General principle

Philippine law does recognize situations where the tenant may undertake necessary repairs and recover the cost from the landlord. In practice, this can be done via:

Direct reimbursement by the landlord; or
Deduction from rent, if reasonable and well documented, especially when the landlord refuses to reimburse or is unreachable.

However, this is a legally sensitive step because:

The landlord may treat deductions as partial non-payment of rent;
That can be used as a ground for ejectment (eviction) in court;
You will then have to justify your actions as lawful and reasonable.

2. When deduction is more legally defensible

Deducting repair costs from rent is more likely to be upheld if:

The repair is clearly necessary (not just cosmetic or optional);
The problem seriously affects habitability, safety, or basic utilities (e.g., no water, unsafe wiring, severe leaks);
You formally notified the landlord and gave a clear chance to repair;
The landlord refused, ignored, or unreasonably delayed action;
The amount is proportionate and reasonable (no overpricing, luxury materials);
You have receipts, photos, and documentation; and
You informed the landlord in writing that you would deduct the cost from rent if they did not act.

In all cases, the tenant must act in good faith.

3. Emergency repairs (immediate risk to life or property)

If delay would cause serious damage or danger, the tenant may:

Have emergency repairs done immediately (e.g., burst pipe flooding the unit, severely sparking electrical box), and
Notify the landlord as soon as practicable.

For genuine emergencies:

Courts are more likely to accept self-help measures and reimbursement/deduction, especially where lack of action would worsen the damage or endanger occupants.

Still, always keep full documentation and communicate with the landlord.

4. How to implement a deduction (practical steps)

If you decide (or your lawyer advises) to deduct, a cautious approach might look like this:

Demand letter for repairs
- Write a letter/email explaining the defect, its impact on your living conditions, attaching photos, and giving a deadline.
Follow-up notice
- If no action is taken, send a follow-up stating you will arrange repairs yourself and seek reimbursement or deduct from rent if they still do nothing.
Get quotations (if possible)
- Obtain at least one or two price quotations to show the cost is reasonable.
Have the repairs done
- Use licensed or reputable workers if possible.
- Keep official receipts and work orders.
Notify landlord of the actual costs
- Send a summary: what was repaired, when, why urgent, how much it cost, and attach receipts.
Deduct from the next rent
- Clearly state in writing:
  - Total rent due
  - Less: repair cost (attach proof)
  - Net amount you are paying.
Keep proof of rent payment
- Deposit slip, online transfer record, or signed acknowledgment from landlord.

Again, this is not risk-free, so legal consultation is strongly recommended before large or repeated deductions.

VI. Withholding Rent Entirely (Rent Suspension)

1. Extremely risky unless unit is truly uninhabitable

Stopping rent payments altogether because of repairs is legally dangerous. Even if conditions are bad, the landlord may file an ejectment case for non-payment, and you must convince the court that:

The landlord’s breach is so serious that it justifies suspending your own obligation; and
You acted in good faith and tried to resolve the issue.

Courts are generally cautious about tenants unilaterally stopping payment, because payment of rent is a primary obligation.

2. Situations where suspension might be arguable

Rent suspension is more arguable when:

The unit is practically unusable (e.g., severe structural damage, no water and electricity for a long time due to the property’s internal defects);
Serious health hazards (e.g., toxic mold, sewage backflow, extreme infestation tied to building defects) not addressed despite repeated demands;
The tenant temporarily cannot live in the unit and must rent somewhere else, solely because of the landlord’s failure to fix.

Even then, many tenants choose a safer middle ground:

Pay under protest (to avoid eviction while preserving the right to sue later);
Or seek proportionate reduction rather than full suspension.

VII. Rent Reduction (Proportionate Decrease)

Instead of withholding rent entirely, a tenant may claim that:

Because of defects, the usable value of the property has decreased;
Therefore, they are entitled to a proportionate reduction in rent.

Examples:

Only one of two bedrooms is usable due to serious leaks;
The comfort room is unusable for weeks due to landlord’s failure to repair;
Persistent flooding in one part of the unit.

Rent reduction is more likely to be accepted if:

The defect is substantial and continuous;
It actually limits your use of part or all of the property;
You documented everything and formally requested adjustment;
The landlord’s refusal is unreasonable.

In practice, many tenants negotiate reduced rent for a certain period rather than unilaterally imposing it. If no agreement is reached, the dispute might be brought to:

Barangay conciliation (for many landlord-tenant disputes); or
Courts or quasi-judicial bodies, depending on the nature and amount involved.

VIII. Termination of the Lease (Rescission)

If the landlord’s failure to repair is so serious that the main purpose of the lease is defeated, the tenant may choose to:

Terminate the lease; and
Claim damages if appropriate (e.g., cost of moving, loss of belongings, difference in rent for replacement unit, etc.).

Examples:

Structural defects discovered that make the building dangerous;
Landlord refusing to address persistent flooding or sewage backflow;
Unit declared unsafe or condemned by authorities.

Typically, the tenant should:

Serve formal written notice terminating the lease with clear grounds;
Vacate the premises within a reasonable time;
Keep evidence of all the issues and communications;
Negotiate return of the security deposit, or be prepared to pursue it through legal channels.

IX. Security Deposit and Repairs

Security deposits are common in Philippine residential leases (usually 1–2 months). Issues:

Landlord using deposit for repairs
- Landlords may use the deposit to cover unpaid rent or damage beyond normal wear and tear attributable to the tenant.
- They should not automatically keep the deposit for defects that are the landlord’s responsibility (necessary repairs, hidden defects, wear and tear from ordinary use).
Tenant using deposit as last month’s rent
- Many contracts prohibit this (e.g., “the deposit cannot be applied to the last month’s rent”).
- If you unilaterally do it, the landlord may claim you still owe rent and may refuse to return the deposit or even sue.
- However, in practice, some tenants and landlords mutually agree to apply the deposit to last rent.
Repairs paid by tenant vs. deposit
- If the tenant made necessary repairs that are legally for the landlord, and the landlord refuses to reimburse, the tenant may attempt to set off (offset) the amount against deposit or rent—but again, this is something best done with legal advice.

X. Evidence and Documentation

In any disagreement about repairs and rent, evidence is king. Tenants should keep:

Copy of the lease contract;
Photos and videos of the defects before, during, and after repair;
Copies of all messages/letters to and from the landlord;
Repair quotations, work orders, and official receipts;
Medical records (if health was affected);
Proof of alternative lodging expenses, if any;
Proof of rent payments (receipts, bank transfers, deposit slips).

This evidence is crucial if the dispute reaches:

Barangay conciliation;
Small claims court (for smaller amounts of money); or
Regular courts.

XI. Role of Barangay and Courts

1. Barangay conciliation (Katarungang Pambarangay)

Many landlord-tenant disputes involving individuals in the same city/municipality must first pass through barangay mediation/conciliation before going to court (subject to exceptions: corporations, large amounts, urgent cases, etc.).

Typical issues:

Disagreements about repairs;
Refund of deposit;
Claims for unpaid rent or damages.

The barangay may help the parties settle:

Agreement on who pays for which repairs;
Payment of partial/refund amounts;
Payment plan or adjusted rent.

A signed barangay settlement can have the effect of a final judgment if not repudiated in time.

2. Court actions

If barangay processes fail or are not required, disputes may reach:

Small claims court – for money claims up to a certain jurisdictional amount (no lawyers required at hearing, subject to rules); or
Regular trial courts – for bigger or more complex cases, including ejectment (unlawful detainer) and damages.

In ejectment cases for non-payment of rent:

The tenant’s alleged right to deduct or to suspend rent may be tested;
Courts may look closely at the reasonableness and good faith of the tenant’s actions and the landlord’s failures.

XII. Practical Tips for Tenants

Read your lease carefully.
- Check clauses on repairs, maintenance, and whether you may do repairs without consent.
- Note any requirement for written notice or specific procedures.
Report issues early and in writing.
- Don’t wait until the problem is severe. Early notice shows good faith.
Be very cautious before deducting from rent or withholding rent.
- Always weigh the risk of eviction or legal action.
- For significant issues or amounts, get legal advice.
Negotiate where possible.
- Many landlords will agree to repairs or temporary rent reduction when presented with clear evidence and a reasonable proposal.
Keep relationships professional.
- Emotional messages can backfire. Stick to facts, dates, photos, and written notices.
Know when to walk away.
- Sometimes the best option is to terminate (properly) and move to a better unit, while still asserting your legal rights for refund of deposit or damages if appropriate.

XIII. Frequently Asked Questions (Philippine Context)

1. The roof has been leaking for months despite my complaints. Can I stop paying rent?

You should not simply stop paying without further steps. A safer path might be:

Re-document the issue (photos, videos);
Send a formal demand for repairs and/or rent reduction;
Consult a lawyer about either:
- Negotiating a rent reduction,
- Performing necessary repairs and seeking reimbursement/deduction, or
- Terminating the lease if the unit is no longer livable.

Simply stopping rent payments exposes you to an ejectment case.

2. I paid for fixing broken pipes because my landlord couldn’t be reached. Can I deduct that from rent?

If:

The repairs were necessary and urgent;
You acted in good faith;
The costs are reasonable; and
You notified the landlord as soon as practicable,

then deduction from rent may be arguable. But it is always better to:

Ask the landlord for direct reimbursement first;
If they refuse, consider deduction only after legal advice, especially if the amount is large.

3. The landlord wants to use my security deposit to cover repairs for normal wear and tear. Is that allowed?

Generally, normal wear and tear (e.g., faded paint, light scuffing) is not the tenant’s fault, and using the deposit for that can be questioned. The deposit is more properly applied to:

Unpaid rent; and
Damage beyond normal wear and tear caused by the tenant.

Disputes on this are usually settled through negotiation or barangay conciliation, and sometimes court.

4. The contract says “tenant accepts the property as is” and that landlord is not responsible for any repairs. Is that valid?

Clauses like that are subject to limits:

The landlord cannot completely escape responsibility for defects that endanger life, health, or safety, or that make the dwelling unfit for human habitation.
Contractual freedom is not absolute; clauses that are unconscionable or against public policy may be disregarded by courts.

Still, such a clause weakens the tenant’s position, so the specific wording and circumstances matter a lot—legal advice is crucial here.

XIV. Final Notes

Philippine law gives tenants real but carefully limited tools to insist on repairs and, in some cases, to deduct repair costs from rent or obtain rent reduction.
These tools must be used carefully, in good faith, and with strong documentation, because improper withholding or deduction of rent can lead to eviction.
The details of your lease contract, the severity of the defects, your proof of notice, and the reasonableness of your response will heavily influence the legal outcome.

For any serious issue involving large amounts, major habitability problems, or possible eviction, it is strongly advisable to consult a Philippine lawyer or legal aid office who can review your specific contract and situation.