Introduction

In the Philippines, the relationship between landlords and tenants is primarily governed by the Civil Code of the Philippines (Republic Act No. 386), particularly under Title VIII on Lease (Articles 1642 to 1688). This framework outlines the rights and responsibilities of both parties concerning the maintenance and repair of rented properties, such as apartments, houses, condominiums, or commercial units. The core principle is that the leased property must remain fit for its intended use throughout the lease period. Disputes over repair responsibilities often arise from misunderstandings about what constitutes "necessary repairs," "ordinary wear and tear," or damages caused by negligence.

This article provides a comprehensive overview of the obligations of tenants and landlords regarding repairs in rented units. It covers legal foundations, distinctions between types of repairs, contractual stipulations, remedies for non-compliance, and special considerations under Philippine law. While lease agreements can modify some default rules, they must not violate public policy or statutory protections.

Legal Foundations: Civil Code Provisions on Lease Repairs

The Civil Code establishes default rules for repairs unless the lease contract states otherwise. Key articles include:

Article 1654: This imposes obligations on the landlord (lessor) to:
1. Deliver the property in a condition fit for the intended use.
2. Make all necessary repairs during the lease to keep the property suitable for its purpose.
3. Ensure the tenant's peaceful enjoyment of the property.
"Necessary repairs" typically refer to those essential for maintaining the structural integrity, habitability, and functionality of the unit. The landlord bears the cost unless the contract shifts this burden to the tenant.
Article 1657: This outlines the tenant's (lessee's) duties, including:
1. Paying rent as agreed.
2. Using the property with the diligence of a good father of a family (i.e., responsibly and for the stipulated purpose).
3. Notifying the landlord of any need for repairs.
Tenants are not explicitly required to make repairs under this article, but they must avoid causing damage and report issues promptly.
Article 1661: If the landlord fails to make necessary repairs, the tenant may:
1. Suspend rent payments.
2. Make the repairs themselves and deduct the cost from rent (with proper documentation).
3. Terminate the lease if the unit becomes uninhabitable.
4. Seek damages through legal action.
Article 1662: Tenants must return the property in the same condition as received, except for ordinary deterioration or wear and tear, or unavoidable events (force majeure).

These provisions create an implied warranty of habitability, meaning the rented unit must be safe, clean, and functional at the start and throughout the lease. Violations can lead to constructive eviction claims.

Landlord's Obligations for Repairs

Landlords are generally responsible for major repairs and those stemming from the property's age, design flaws, or external factors. This ensures the unit remains tenantable. Specific responsibilities include:

Structural and Major Repairs

Roof, walls, floors, and foundations: Repairs for leaks, cracks, or collapses are the landlord's duty, as these affect the unit's integrity.
Plumbing and electrical systems: Fixing burst pipes, faulty wiring, or major blockages falls on the landlord, especially if pre-existing or due to wear.
Heating, ventilation, and air conditioning (HVAC): If provided, the landlord must repair or replace malfunctioning systems to maintain habitability.
Appliances supplied by the landlord: Items like stoves, refrigerators, or water heaters included in the lease are the landlord's responsibility unless damage is tenant-caused.
Common areas in multi-unit buildings: Hallways, elevators, parking lots, and shared facilities (e.g., pools or gyms in condominiums) are maintained by the landlord or property management.

Repairs Due to External Causes

Natural disasters or force majeure: Events like typhoons, earthquakes, or floods (common in the Philippines) typically require the landlord to repair, as per Article 1662. However, if the tenant's negligence exacerbates damage, they may share liability.
Pest infestations: Initial or structural infestations (e.g., termites in walls) are the landlord's problem. Ongoing maintenance might be shared if caused by tenant habits.

Timing and Notification

Landlords must act promptly upon notification from the tenant. Delays can lead to tenant remedies under Article 1661. In emergencies (e.g., a gas leak), landlords should respond immediately to prevent hazards.

Tenant's Obligations for Repairs

Tenants handle minor, day-to-day maintenance and repairs resulting from their use or negligence. This promotes responsible tenancy and prevents minor issues from escalating.

Minor and Maintenance Repairs

Cleaning and upkeep: Tenants must keep the unit clean, including regular cleaning of floors, walls, and fixtures to prevent damage.
Light bulbs, fuses, and minor fixtures: Replacing burnt-out bulbs, loose doorknobs, or minor clogs (e.g., hair in drains) is typically the tenant's responsibility.
Gardening and landscaping: If the unit includes a yard, tenants maintain it unless specified otherwise.
Damages caused by tenant: Any harm from misuse, accidents, or guests (e.g., broken windows from rough play) must be repaired at the tenant's expense.

Notification Duties

Tenants must inform the landlord "without delay" of any needed repairs (Article 1657). Failure to do so can make the tenant liable for worsening damage.

Prohibited Actions

Tenants cannot make alterations or major repairs without landlord consent (Article 1678). Unauthorized changes may result in eviction or liability for restoration costs.

Distinguishing Types of Repairs: Wear and Tear vs. Damage

A key distinction in Philippine rental law is between:

Ordinary wear and tear: Normal deterioration from everyday use (e.g., faded paint, worn carpets). Landlord pays, as per Article 1662.
Excessive damage: Beyond normal use, often due to negligence (e.g., stains from pets, holes in walls). Tenant pays.

Courts assess this based on the lease duration, unit condition at move-in, and evidence like photos or inventories.

Role of Lease Agreements

Lease contracts can allocate repair responsibilities differently, provided they comply with the Civil Code. Common clauses include:

"As-is" provisions: Tenants accept the unit's condition but cannot waive habitability rights.
Repair caps: E.g., tenants handle repairs under PHP 5,000; landlords cover above.
Maintenance schedules: Specifying who handles periodic checks (e.g., annual pest control).
Utilities: Tenants usually pay for usage, but infrastructure repairs (e.g., water lines) are the landlord's.

Contracts must be in writing for leases over one year (Article 1403, Statute of Frauds). Verbal agreements are binding but harder to enforce.

Special Considerations in the Philippine Context

Rent Control and Low-Income Housing

Under the Rent Control Act of 2009 (Republic Act No. 9653, extended by Republic Act No. 11460 until 2021 and subject to further extensions), rentals below PHP 10,000 in Metro Manila (or PHP 5,000 elsewhere) have protections. Landlords must maintain units, and rent cannot increase if repairs are neglected. However, this act focuses more on rent caps than repairs.

Condominium and Subdivision Laws

For condos, Republic Act No. 4726 (Condominium Act) requires associations to handle common area repairs, funded by dues. Unit interiors follow general lease rules.

Emergency Repairs and Habitability

If a unit becomes uninhabitable (e.g., no water or electricity due to landlord neglect), tenants can withhold rent or vacate without penalty. Health and safety codes under local government units (LGUs) may impose additional duties, such as compliance with building codes (National Building Code, Presidential Decree No. 1096).

Force Majeure and Calamities

In a disaster-prone country like the Philippines, events like typhoons (e.g., under Republic Act No. 10121, Disaster Risk Reduction Law) may suspend obligations. Landlords typically repair structural damage, but insurance (if any) can influence cost allocation.

Commercial vs. Residential Leases

Commercial leases often shift more repair duties to tenants via "triple net" clauses, where tenants pay taxes, insurance, and maintenance. Residential leases favor tenant protections.

Remedies and Dispute Resolution

For Tenants

Self-help: Make repairs and deduct from rent (with receipts).
Rent suspension: Until repairs are done.
Termination: If repairs are not feasible.
Damages: Sue for losses (e.g., spoiled food from a broken fridge).

For Landlords

Eviction: For tenant-caused damage or non-payment (under Republic Act No. 9653, grounds include willful damage).
Security deposits: Often one to three months' rent, used for repairs at lease end.

Disputes start at the barangay level (Lupong Tagapamayapa) for conciliation, then escalate to Municipal Trial Courts for ejectment cases (summary proceedings under Rule 70, Rules of Court). Appeals go to Regional Trial Courts.

Best Practices for Both Parties

Documentation: Use move-in/move-out checklists with photos.
Insurance: Landlords should have property insurance; tenants, renter's insurance for personal belongings.
Communication: Prompt notices prevent escalation.
Professional help: For complex repairs, hire licensed contractors to avoid liability.

Conclusion

In summary, Philippine law places the primary burden of necessary repairs on landlords to ensure habitability, while tenants handle minor maintenance and avoid damage. Lease agreements can customize these obligations, but core protections remain. Understanding these rules fosters harmonious landlord-tenant relationships and minimizes legal disputes. Parties should consult legal professionals for case-specific advice, as jurisprudence (e.g., Supreme Court decisions like Dela Rosa v. Valencia) may refine interpretations.