1) Why “major repairs” matter in Philippine lease law

In the Philippines, a lease (of a house, apartment, room, office, warehouse, etc.) is governed primarily by the Civil Code provisions on lease of things. One of the core ideas is simple:

The lessor (landlord) must keep the leased property fit for the use for which it was rented.
The lessee (tenant) has remedies when that fitness is lost—especially when repairs are so extensive that the tenant can’t reasonably use the premises.

“Major repairs” become legally significant when they:

substantially interfere with the tenant’s use and enjoyment,
require the tenant to vacate temporarily or permanently,
last long enough to justify rent reduction or termination, or
relate to safety/habitability (structural integrity, dangerous electrical issues, severe leaks, fire damage, etc.).

This topic is not just about convenience; it often overlaps with habitability, safety, constructive eviction, and contract rescission.

2) The main legal framework (Philippine context)

A. Civil Code (primary rules)

Key principles under the Civil Code rules on lease include:

Landlord’s basic obligations

Deliver the property to the tenant.
Maintain the tenant’s peaceful and adequate enjoyment of the property for the agreed purpose.
Make necessary repairs to keep the property suitable for its intended use.

Tenant’s basic obligations

Pay rent.
Use the property with due diligence, according to the purpose of the lease.
Return the property upon termination, subject to ordinary wear and tear.

B. Contract terms still matter

Philippine lease relationships are heavily shaped by the contract (written or even oral), as long as terms aren’t illegal or contrary to morals/public policy. Many leases contain:

notice periods,
pre-termination fees,
“force majeure” clauses,
repair allocation (which repairs are for landlord vs tenant),
rent abatement provisions,
termination triggers (e.g., “if premises become untenantable/uninhabitable”).

Civil Code rules often operate as default rules, filling gaps or policing unfair outcomes.

C. Special laws (when applicable)

For certain residential arrangements, the Rent Control Act (as amended/extended over time) may apply depending on location and rent level thresholds for covered units. Where it applies, it can affect:

allowable rent increases,
deposit/advance rent rules (in covered cases),
and in some situations, the landlord’s ability to recover possession. Even when rent control coverage is uncertain, the Civil Code remedies for loss of use and major repairs remain central to tenant-initiated termination.

3) What counts as “major repairs” legally

There’s no single statutory definition that lists every scenario, but major repairs typically involve:

A. “Necessary repairs” vs improvements

Necessary repairs are those required to keep the premises usable for its intended purpose (e.g., repairing a collapsing roof, failed plumbing lines affecting basic sanitation, unsafe wiring). Improvements are upgrades that aren’t strictly required for usability (e.g., remodeling, aesthetic upgrades). If a landlord’s “repair” is really an elective renovation that forces a tenant out, the tenant’s remedies can be stronger.

B. Safety/habitability repairs

Repairs addressing conditions that threaten health or safety (structural cracks, severe mold from building envelope failure, exposed live wires, fire damage, unstable flooring) tend to justify:

rent reduction,
termination,
damages (in some circumstances), and
stronger evidentiary arguments that continued occupancy is unreasonable.

C. Time and disruption

Even a legitimate necessary repair becomes “major” when it:

substantially deprives the tenant of use, or
lasts long enough to make the lease bargain fundamentally different.

Philippine Civil Code rules specifically recognize that urgent repairs may have to be tolerated, but extended repairs can trigger rent reduction and potentially rescission/termination if the place becomes unfit to live in or use.

4) Tenant rights during major repairs

A. Right to require the landlord to make necessary repairs

If the premises become unfit for the agreed use due to conditions not caused by the tenant, the tenant generally has the right to demand that the landlord perform necessary repairs (especially those that are not minor, routine, or tenant-caused).

B. Duty to tolerate urgent repairs (but with protections)

If repairs are urgent and cannot be delayed, the tenant may be required to allow them—even if inconvenient. However, this comes with protections:

Rent reduction / rent abatement If repairs deprive the tenant of a portion of the premises or its use, rent may be reduced proportionately for the duration and extent of deprivation.
Termination when the premises become untenantable If the repairs (or the condition requiring them) effectively make the premises unfit for habitation or the agreed use, the tenant may have the right to rescind the lease.

C. Right to terminate (rescission) when the premises are uninhabitable or unusable

Termination is strongest when:

continued occupancy is unsafe or unreasonable,
the tenant cannot substantially use the premises,
the repair period is extensive, indefinite, or repeatedly extended,
the landlord cannot or will not restore usability within a reasonable time.

This is sometimes framed practically as constructive eviction: the tenant isn’t forcibly ejected, but conditions (or repair works) effectively force the tenant out.

D. Damages (in appropriate cases)

A tenant may seek damages when the landlord’s breach causes provable loss—especially where:

the landlord failed to perform obligations after notice,
the tenant incurred relocation costs because the landlord’s breach rendered the place unusable,
the landlord acted in bad faith (e.g., using “repairs” as a pretext to push the tenant out).

Damages are fact-specific and proof-heavy; they typically require documentation.

5) Notice: what the tenant should give, and why it matters

A. Is “notice” legally required before termination?

In many situations, giving notice is essential for two reasons:

To establish the landlord’s breach and your good faith

You want a record that the landlord was informed and given a reasonable chance to fix the problem (unless the danger is immediate).

To comply with the contract

Many leases require a specific notice period (e.g., 30 days) for termination. Even where the Civil Code supports rescission due to untenantability, following reasonable notice procedures reduces dispute risk.

B. Form of notice: written is best

While some leases can be oral, disputes are won with evidence. Best practice is:

written notice (letter or email, depending on what the contract recognizes),
clear description of defects/repairs needed,
request for a repair plan and timeline,
statement of the impact on habitability/use,
reference to your intended remedy if not cured (rent reduction or termination).

C. Timing of notice

A practical timeline often looks like this:

Initial notice/demand to repair Give a reasonable period depending on severity (hours/days for dangerous defects; days/weeks for non-dangerous but serious defects).
Follow-up notice if repairs are delayed, inadequate, or the premises become untenantable. Attach evidence (photos, videos, reports).
Notice of termination (rescission) State your termination date and the reasons: untenantable condition, major repairs requiring vacancy, prolonged deprivation of use, etc.

D. When immediate termination may be justified

If conditions pose serious danger (e.g., structural risk, fire hazard, flooding/sewage backflow) and remaining would be unreasonable, tenants commonly justify immediate vacating with prompt written notice explaining urgency.

6) Rent reduction vs termination: choosing the right remedy

A. Rent reduction (abatement) fits when:

you can still use part of the premises,
repairs are temporary and clearly scheduled,
the premises remain broadly usable, but diminished.

B. Termination fits when:

the place is effectively unusable for the lease purpose,
repairs require vacancy,
repair duration is extensive/indefinite,
the landlord cannot restore the premises within a reasonable time,
the lease’s essential basis has failed (e.g., you leased a residence that is no longer safely habitable).

7) Security deposit, advance rent, and accounting on early termination

A. Common lease practice

Many Philippine leases require:

security deposit (often 1–2 months),
advance rent (often 1 month).

Deposits are generally intended to answer for:

unpaid rent,
unpaid utilities,
repairs for tenant-caused damage beyond ordinary wear and tear.

B. Tenant rights on deposit return

When termination is justified due to untenantability/major repairs not caused by the tenant:

the tenant typically argues for return of deposit, minus legitimate, itemized deductions.
if you paid advance rent covering a period you cannot use due to untenantability, you generally argue for prorated return.

C. Evidence matters

To protect deposit recovery:

do a move-out inspection (documented),
take dated photos/videos,
get utility billing status,
request a written computation of deductions.

8) If the landlord says: “You must leave so we can repair”

Sometimes it’s the landlord who insists the tenant vacate due to major repairs.

A. If the lease allows it

Some contracts include clauses requiring vacancy for major repairs. Even then:

the clause should be applied in good faith,
the tenant may still negotiate rent suspension/abatement and timelines,
the tenant may treat the lease as terminated if the premises can’t be delivered for use.

B. If it’s effectively a forced vacancy without adequate protection

If the tenant is pressured to leave with no clear timeline, or repairs are a pretext, the tenant may assert:

constructive eviction principles,
unlawful interference with peaceful enjoyment,
entitlement to terminate and recover appropriate amounts.

9) Special scenario: partial or total destruction (calamity/fire/structural failure)

When premises are totally destroyed by a fortuitous event, lease obligations generally end because the subject matter of the lease is gone. When partially destroyed (or partially unusable), the tenant may generally choose between:

proportional rent reduction, or
termination, if the deprivation is substantial.

This is closely related to, but distinct from, ordinary “repair” situations because it implicates loss of the leased thing itself.

10) Practical steps for tenants (Philippine best-practice playbook)

Step 1: Document the condition

Photos/videos with date stamps.
Incident timeline (when defects started, worsening, communications).
Reports if available (engineer, electrician, plumber; even barangay or building admin incident reports can help).

Step 2: Notify the landlord in writing

Include:

the defect,
why it makes the premises unsafe/unusable,
request for repair schedule,
your interim position (rent abatement and/or intent to terminate if not cured).

Step 3: If repairs commence, track impact

Which rooms/areas are unusable,
days you cannot use the premises,
noise/dust/water/electric interruptions,
safety risks.

Step 4: Decide remedy: abatement or termination

If terminating:

specify the legal and factual grounds (untenantable condition, major repairs requiring vacancy, prolonged deprivation of use),
set a clear termination date (immediate if necessary for safety, otherwise reasonable),
request deposit and prorated amounts with a deadline for accounting.

Step 5: Move-out properly

Return keys/access cards.
Prepare a turnover checklist.
Document condition at turnover.
Settle utilities or get final meter readings where possible.

Step 6: If dispute escalates

Philippine disputes may proceed through:

direct demand letters,
barangay conciliation (for certain disputes and parties/venues),
civil action (collection, damages),
and if possession issues arise, unlawful detainer procedures are a common path for landlords—but tenants can also raise defenses and counterclaims tied to untenantability and landlord breach.

11) Common pitfalls and how to avoid them

Pitfall A: Withholding rent without a defensible process

Stopping rent payments outright can trigger default claims. If you believe rent should be reduced/suspended due to loss of use, document the basis carefully and communicate it in writing. In higher-stakes disputes, tenants sometimes preserve legal position by formalizing payments or using legally recognized mechanisms rather than simply refusing to pay.

Pitfall B: Vague termination messages

“Leaving because repairs are annoying” is weaker than:

“Premises became uninhabitable/unusable for the agreed purpose,”
“Major repairs require vacancy and deprive substantial use,”
“Landlord failed to restore suitability within a reasonable time after notice.”

Pitfall C: No evidence of the condition

In disputes, the winning side is often the one with:

clear photos/videos,
written notices,
timestamps,
receipts and itemized losses,
proof of turnover and unit condition at move-out.

12) Tenant vs landlord responsibility: quick guide (general rule)

Landlord: structural integrity, major plumbing lines, main electrical system issues, roof/walls, defects that pre-existed or arise without tenant fault, necessary repairs to keep suitability.
Tenant: minor wear-and-tear items, damage due to tenant’s negligence or misuse, routine upkeep as agreed in contract.

Contracts may shift some responsibilities, but shifting core habitability/suitability burdens too far can be contested when it effectively nullifies the landlord’s essential duty to provide a usable premises.

13) What a solid tenant termination notice typically contains

Parties, address of leased premises, lease date/term.
Factual grounds: defects, repair scope, disruption, safety/habitability impact.
Prior notices: dates and summary.
Legal basis: landlord duty to maintain suitability; right to rent reduction and/or rescission when premises become untenantable due to major repairs or deprivation of use.
Termination effective date.
Request for return of deposit and prorated rent (with itemization request).
Turnover proposal: date/time for inspection and key return.
Attachments: photos, reports, prior emails/messages screenshots.

14) Bottom line

In the Philippines, a tenant is not expected to indefinitely endure major repairs that substantially deprive the use of the leased premises. The law recognizes:

the landlord’s duty to maintain suitability,
the tenant’s duty to tolerate urgent repairs only within reason,
the tenant’s right to rent reduction when use is diminished,
and the tenant’s right to terminate when repairs or conditions render the premises unfit for habitation or the agreed purpose, especially after proper notice and documentation (or immediately when safety makes continued occupancy unreasonable).