1. Statutory & Regulatory Foundations

Source	Key Provisions Relevant to Repairs
Civil Code of the Philippines (Book IV, Title VIII, Lease)	• Art. 1654 (2) – Lessor must “maintain the lessee in the peaceful and adequate enjoyment of the lease,” which courts read as an implied warranty of habitability. • Art. 1657 – If urgent repairs are indispensable for the preservation or habitability of the premises and the lessor fails to act after demand, the lessee may undertake the repair “at the lessor’s cost,” deductible from rent or recoverable by action. • Art. 1658 – When enjoyment is seriously impaired, lessee may choose (a) proportional rent reduction, (b) rescission of the lease, and (c) damages. • Art. 1170/1171 – Damages for fraud or negligence.
Rent Control Act – R.A. 9653 (2010) as extended by R.A. 11571 to 31 Dec 2027	Applies to residential units with monthly rent ≤ ₱10,000 (₱8,000 outside NCR). §7 bars eviction on ground of “needed repairs” unless repairs are indispensable and after payment of disturbance compensation equal to three months’ rent; §4 requires reasonable rent adjustment after landlord‑funded improvements.
Urban Development & Housing Act – R.A. 7279	Declares adequate shelter a basic right. Local government may step in where a structure is unsafe.
National Building Code – P.D. 1096 & IRR	Local Building Official may issue Notice of Violation and Order to Vacate if structural defects endanger life.
Sanitation Code – P.D. 856	Municipal Health Officer can cite landlord for unsanitary living conditions.
Fire Code – R.A. 9514	Bureau of Fire Protection may close or condemn units that violate fire‑safety standards.
DHSUD/HLURB Rules	Condominium and subdivision buyers/tenants may file administrative complaints for failure to maintain common areas.

Note: Specialized housing (dormitories, boarding houses, socialized housing) may have tighter LGU ordinances—always check the city/municipal rental or lodging code.

2. Landlord’s Legal Duty to Repair

Maintain Habitability. Even if the lease contract is silent, civil‑law jurisprudence (e.g., Piaña v. CA, G.R. 156133, 2004) recognizes an implied warranty of fitness similar to that in sales law.
Perform Necessary Repairs Promptly. Upon written demand, the lessor must act within a reasonable period, typically 15–30 days for non‑urgent defects; immediately for hazardous defects (Art. 1667).
Observe Building, Fire, Health Codes. Failure may expose the landlord to criminal fines and civil damages.
Protect Against Third‑Party Nuisance. If damage arises from the landlord’s breach of quiet enjoyment (e.g., leaking roof, faulty wiring), tenant may sue for damages under Art. 1654 (3).

3. Tenant Remedies When Repairs Are Not Made

A. Extra‑Judicial Options

Remedy	Conditions	Practical Steps
Written Demand Letter	Always the first step; establishes default & triggers rights under Arts. 1657–1658.	1. Describe defect, date noticed. 2. Cite Art. 1654 & give a reasonable deadline (e.g., 15 days). 3. State intended remedy if ignored (rent withholding, self‑help, rescission).
Self‑Help Repair & Reimbursement (Art. 1657)	• Defect urgent or renders unit unfit. • Prior written demand ignored or refused.	1. Document urgency (photos, video, inspections). 2. Hire licensed workers; keep official ORs. 3. Deduct actual cost from next rent(s) with receipts attached.
Rent Withholding / Reduction	Allowed where defect “impairs enjoyment” (Art. 1658) or where costs of self‑help are set‑off.	Open bank consignation or pay balance net of repair cost; never simply stop paying without documentation.
Consignation in Court or Barangay	When landlord refuses to accept withheld or reduced rent.	File deposit in court (Rule 67, Rules of Court) or through Lupon for sums ≤ ₱200,000.

B. ADR & Administrative Channels

Katarungang Pambarangay (Barangay Justice) – Mandatory for monetary claims ≤ ₱400,000 and both parties reside in same city/municipality.
Local Housing Board / City Engineering Office – Can issue Notice of Violation and compel repairs or condemn property.
Department of Human Settlements and Urban Development (DHSUD) – Jurisdiction over rent control disputes and subdivision/condominium complaints.
Bureau of Fire Protection / Municipal Health Office – For fire‑safety and sanitation defects.

C. Judicial Actions

Cause of Action	Court	Threshold / Procedure
Specific Performance & Damages under Art. 1654	Metropolitan or Municipal Trial Court (if claim ≤ ₱2 M), otherwise RTC.	Ordinary civil action with verified complaint; may seek preliminary mandatory injunction for urgent repairs.
Rescission of Lease	Same as above; tenant may also sue for moving costs & moral damages.
Small Claims for Reimbursement	MTC‑Small Claims Division, if amount ≤ ₱400,000; no lawyers required.
Counterclaim in Ejectment	If landlord sues for eviction, tenant may assert failure‑to‑repair as partial/total defense (see Chicote v. Micaller, G.R. 192082, 2018).

4. Timeline: From Defect Discovery to Legal Resolution

graph LR
A[Discover Defect] --> B[Document & Notify Landlord (Day 0)]
B --> C[Reasonable Waiting Period (Day 0–15)]
C -->|No action| D[Send Final Demand (Day 15–20)]
D -->|Still no action| E{Urgent?}
E -- Yes --> F[Self‑Help Repair, Keep Receipts (Day 20–30)]
E -- No --> G[File Barangay Complaint or Consign Rent (Day 20–30)]
F --> H[Deduct Cost / Sue for Reimbursement]
G --> H
H --> I[If unresolved, File Court/DHSUD Case (Day 30+)]

5. Important Supreme Court Decisions

Case	G.R. No. / Year	Doctrinal Take‑Away
Spouses Piaña v. CA	156133 / 2004	Landlord liable in damages for refusing to repair roof that leaked onto lessee’s inventory; Art. 1654 applied.
Caram, Jr. v. Laureta	133250 / 1999	Lessee may terminate lease before expiry if landlord’s default is substantial.
Chicote v. Micaller	192082 / 2018	In ejectment, tenant can prove rent payment was withheld in good faith due to landlord’s breach; court dismissed eviction.
People v. Cua Chua	65413 / 1934 (old but still cited)	Criminal liability for leasing unsafe tenements under Revised Penal Code Art. 365 (negligence).

6. Special Situations & Common Questions

“My unit is under the Rent Control Act. Can the landlord raise rent while the unit is in disrepair?”

No. Under §4 of R.A. 9653, rent increases are capped annually and must be justified by improvements benefiting the tenant. Failure to maintain disqualifies increases; tenant may report landlord to DHSUD.
“The landlord wants me to pay six months’ advance so he can fund the repairs.”

Illegal. Art. 1654 places the duty squarely on the lessor; any advance beyond two months’ deposit/advance (Sec. 7, R.A. 9653) is void.
“Can I install my own window grills or air‑conditioner?”

Yes if: (a) landlord consents in writing or (b) you remove them and restore original condition upon exit (Art. 1678). Keep receipts; improvements in good faith may entitle you to reimbursement or payment of increase in value.
“The defect injured me. Can I sue for tort?”

Yes—Art. 1170 (negligence) & Art. 2187 (producer/lessor liability for defects causing death/injury) allow actual, moral, and exemplary damages.

7. Best‑Practice Checklist for Tenants

✅ Inspect before signing; note pre‑existing defects in the contract.
✅ Communicate in writing; use e‑mail or registered mail for demands.
✅ Collect evidence – photos, videos with date stamps, witness statements.
✅ Preserve receipts for materials, labor, lodging if you had to relocate.
✅ Keep paying uncontested rent (or consign) to avoid eviction traps.
✅ Attend barangay hearings; non‑appearance bars later court action.
✅ Consult a lawyer or PAO for large claims or if eviction is threatened.

8. Sample Demand Letter (outline)

Date Landlord Name / Address

Dear [Landlord],

Pursuant to Article 1654 (2) of the Civil Code, I hereby DEMAND that you repair the [describe defect] in my leased unit at [address] within fifteen (15) calendar days from receipt.

Should you fail to comply, I will undertake the repairs myself in accordance with Article 1657 and deduct the cost from my rent, without prejudice to further legal remedies under Article 1658 and R.A. 9653.

Respectfully, [Tenant Name / Signature]

9. Concluding Notes & Disclaimer

Philippine law gives tenants robust tools—from self‑help repairs and rent reduction to administrative and judicial remedies—when a landlord fails to keep a rental property safe and habitable. Success, however, hinges on proper documentation, timely written notice, and strict adherence to procedure (barangay conciliation, consignation, court jurisdictional amounts). Because every dispute turns on specific facts, this article is for informational purposes only and not a substitute for personalized legal advice. Consult a qualified Philippine lawyer or the Public Attorney’s Office for guidance on your particular situation.

Tenant Rights When a Landlord Fails to Repair Rental Property in the Philippines