Tenant Rights on Unpaid Utilities During Eviction (Philippines) — A Complete Guide

This is general legal information for the Philippines. It’s not a substitute for advice from a Philippine lawyer who can apply the rules to your exact facts.

The short version

Landlords can’t use “self-help.” Cutting your water, electricity, or internet to force you out or make you pay is generally unlawful. Eviction must go through court.
Utility companies (e.g., power/water providers) can disconnect under their own rules for non-payment. Your right to continued service depends on the provider’s contract and notices, not the eviction case.
Unpaid utilities may be deducted from your security deposit (for units covered by current rent-control rules) and/or claimed as damages in the eviction suit.
If utilities are under a master meter or in the lessor’s name, the lessor should not switch them off to pressure you; they should advance payment and charge you, deduct from the deposit, or sue/evict lawfully.
During a pending case, keep paying current consumption and what the court orders. Courts can make utility arrears part of what you owe upon judgment.

1) Legal foundations

Civil Code on Lease (RA 386, Arts. 1649–1688).
- The lessor must maintain the lessee in peaceful and adequate enjoyment of the property for the lease term (e.g., not harassing you by cutting essential services).
- The lessee must pay rent and use the premises prudently; utility payment follows the contract or local usage.
Ejectment (Forcible Entry/Unlawful Detainer) — Rule 70, Rules of Court. Eviction is judicial. Lockouts, padlocking, and utility cut-offs as pressure tactics amount to unlawful self-help and can lead to civil and even criminal liability (e.g., coercion, damages).
Rent Control (RA 9653, as extended from time to time). For covered residential leases, the law regulates security deposits and allows deducting unpaid utilities and repairs before returning the balance within one month after you vacate (coverage/thresholds are periodically updated).
Local conciliation (Katarungang Pambarangay). If landlord and tenant live in the same city/municipality, many disputes (including harassment/utility issues) must first go through barangay mediation before court.
Sector rules (ERC/MWSS/NTC and provider contracts). Providers may disconnect after notice and consistent with their service terms. Resale/sub-metering must charge at cost and follow metering standards; profiteering on utilities is not allowed.

2) Who is supposed to pay the utilities?

Check your lease first

Express clause governs. Most leases: tenant pays electricity/water/internet consumed during the term.
If silent, Philippine practice typically expects the tenant to shoulder their own consumption, especially with individual meters.

Meter/account scenarios

Individual meter + account under tenant’s name. Tenant pays the provider; disconnection risk is direct if unpaid.
Master meter in the lessor’s name (sub-metering). Lessor pays the provider, then collects shares from tenants at actual cost per sub-meter reading. Overcharging or extra “utility mark-ups” is improper.
Shared meter without sub-meters. Parties should agree on a fair allocation (by headcount, floor area, or appliance audit). Courts will look for reasonableness and documentation.

3) Can the landlord cut utilities for unpaid rent or utility arrears?

Generally, no. Shutting off water/electricity to force payment or departure is self-help and can be:

Civilly actionable (damages for breach of peaceful enjoyment/constructive eviction).
Criminally risky (e.g., coercion/unjust vexation if threats or harassment are involved).
Contract-breaching (if the lease promises continuous essential services or sub-metering at cost).

Proper remedies for the lessor are:

Demand letter (to pay arrears/utility shares within a reasonable period);
Barangay conciliation (if required);
Unlawful detainer case (eviction and collection of unpaid rent/utilities/damages);
Apply the security deposit to documented unpaid utilities and repairs (for covered units), then return the balance within a month of move-out.

4) Can the utility company disconnect while an eviction is pending?

Yes. Eviction does not immunize you from provider rules. If the account holder (you or the lessor) is in arrears, the provider may disconnect after complying with its notice and procedural requirements.

If you are the account holder: pay or negotiate with the provider to avoid disconnection.
If the lessor is the account holder (master meter), and the lessor hasn’t paid the provider, the whole property may be at risk. The lessor should not selectively cut your line to pressure you; they must either keep the account current and recover your share, or pursue legal remedies.

Tip: If a landlord threatens a shutoff, write immediately that you regard it as unlawful self-help, and offer payment plans for your verified share. Keep records.

5) Security deposits and unpaid utilities

For covered leases under the current rent-control regime:
- Advance rent and security deposit are capped (caps vary by coverage).
- After you vacate, the security deposit must be returned within one month, minus legitimate deductions for unpaid utilities, repairs for damage beyond normal wear and tear, and other contractual charges.
- Deductions must be itemized with copies of bills/receipts. Unexplained forfeiture can be challenged via barangay or court (including small claims for purely monetary claims).
If the deposit is insufficient, the lessor can sue for the balance (often together with eviction or as a separate collection case).

6) During an eviction case: what should each side do?

If you’re the tenant

Keep paying current consumption (and rent) to show good faith.
If you dispute sub-meter shares, pay the undisputed portion and escrow the rest (or pay into court if ordered).
If utilities are cut as harassment, seek urgent relief:
- Barangay protection (quick mediation; document threats).
- Court injunction (ask the MeTC/MTCC/MTC handling the case for interim relief to restore services and prohibit harassment).
- Damages for breach/harassment, when proven.

If you’re the landlord

Do not cut utilities to compel payment or vacating.
Document arrears (rent + utilities) and file unlawful detainer timely after a proper demand to pay and vacate.
Advance payment to the provider if the line is in your name to avoid whole-building disconnection, then collect from the tenant (or deduct from the deposit with proofs).
Itemize all deductions from the deposit and return the balance within the legal timeframe.

7) Sub-metering, “pass-through” pricing, and overcharging

Sub-metering is common in apartments/boarding houses. Best practices:
- Charge at cost only (what the provider bills, divided by metered/allocated consumption).
- Show source bills and sub-meter readings; avoid flat fees that exceed actual cost.
- Maintain calibrated sub-meters; replace defective units promptly.
- Put the method of allocation in the lease (per kWh/m³, by share rules if unmetered).
Red flags tenants can challenge:
- Utility “mark-ups” over the provider’s tariff.
- “Service fees” tacked onto consumption without clear, lawful basis.
- Refusal to show provider bills or meter photos.

8) Getting (or keeping) your own meter

New connection or transfer typically requires proof of lawful occupancy and, if you’re not the owner, owner’s consent (or building admin authorization).
If consent is unreasonably withheld to harass you, that can support a claim for injunctive relief and damages, especially where the lease lets you maintain your own account.
Move-out: Arrange for a final reading, settle your account, and close/transfer the service to avoid future bills or claims.

9) Documentation you should keep

Lease and all addenda/house rules (utilities, sub-metering, penalties).
Photos of meters and monthly readings; copies of provider bills and sub-meter breakdowns.
Receipts and proof of payments (rent + utilities).
Demand letters, barangay minutes, court papers.
Incident logs (dates/times of cut-offs, messages, witnesses).

Good records often decide these cases.

10) Special situations

Boarding houses/dorms/condos. House rules can’t override law. Cutting water/electricity to punish arrears is still self-help. Amenities (e.g., pool/gym) may be suspended by rules, but essential utilities are different.
Previous occupant’s arrears. As a rule, you’re not personally liable for someone else’s debt; however, providers may require clearance, deposits, or new meters to prevent recurrence. Coordinate early to avoid delays.
Emergencies/disaster orders. Regulators sometimes issue temporary moratoria on disconnections or give grace periods. Check current advisories for timing and scope.

11) What courts commonly award

In eviction/unlawful detainer, expect the judgment (if the lessor wins) to cover:

Possession (you must vacate) and delivery of the unit;
Unpaid rent plus reasonable compensation for use and occupation until you vacate;
Documented utility arrears the lessor advanced (if proven); and
Attorney’s fees/costs, when justified.

If the tenant proves harassment/self-help (e.g., illegal utility cut-offs), courts may award damages and restore services via injunction.

12) Practical scripts

A. Tenant demand (utility harassment)

Subject: Unlawful utility shut-off / demand to restore I am a lawful tenant at [address] under a lease dated [date]. On [date/time], water/electricity to my unit was cut. Using utility shut-offs to force payment or vacating is unlawful self-help. I demand immediate restoration. I remain willing to settle verified arrears and to mediate at the barangay. If not restored within 24 hours, I will seek barangay/court relief, including damages.

B. Landlord demand (utility arrears)

Subject: Demand to pay utility arrears and to vacate Our records show unpaid utilities of ₱[amount] covering [months], supported by attached bills/sub-meter readings, plus rent arrears of ₱[amount]. Please pay and vacate the premises within [reasonable period] per our lease and the Civil Code. Otherwise, we will file unlawful detainer and seek damages, attorney’s fees, and costs. We reserve the right to apply your security deposit against unpaid utilities and damage as allowed by law.

13) Move-in / move-out checklists

Move-in (tenant):

Take dated photos of meters and the unit’s condition.
Agree in writing how utilities will be billed and paid.
If sub-metered, get the formula and reading schedule.

Move-out (both):

Do a joint final meter reading with photos.
Exchange itemized statements (rent/utility balance; deposit deductions with proofs).
Close/transfer provider accounts and update contact details.

14) FAQs

Q: I’m behind on rent. Can the landlord legally cut my electricity? A: No. That’s unlawful self-help. They must demand, mediate (if required), and sue for eviction/collection. Only the provider can disconnect under its rules.

Q: My landlord says he’ll keep my entire deposit because of water arrears. A: For covered leases, only documented, itemized unpaid utilities and damages beyond normal wear and tear may be deducted. The balance must be returned within one month after you vacate. Dispute excessive deductions via barangay or court (including small-claims for money only).

Q: Utilities are in my landlord’s name and he won’t pay the provider; we’re facing disconnection. A: Notify him in writing, offer to directly pay your share, and keep proofs. If he uses non-payment to pressure you, seek barangay/court intervention; ask for an order maintaining essential services while the case is pending.

Q: Can I get a separate meter without the owner’s consent? A: Providers typically require owner/admin consent or proof of authority. If the refusal is harassing and your lease allows your own connection, you may seek injunctive relief.

15) Quick action plan (pick your side)

Tenant

Keep paying current consumption (and undisputed arrears).
Document any threats or cut-offs; send a written demand to restore service.
Go to the barangay; ask for injunctive relief in court if needed.

Landlord

Never cut utilities as leverage.
Demand payment with proofs; mediate; file unlawful detainer timely.
Advance provider bills if in your name; itemize deductions from deposit; return the balance within one month.

Final note

Rules on rent control coverage, small-claims thresholds, and provider disconnection procedures change from time to time. For a high-stakes dispute (big arrears or health/safety issues), speak to a Philippine lawyer or your Public Attorney’s Office (PAO) and bring your lease, bills, and meter photos.