Quick takeaway

In the Philippines, who pays online rent payment fees (bank transfer charges, e-wallet “convenience fees,” portal processing fees, etc.) and who pays homeowners’/condominium dues is primarily a matter of (1) law on obligations and payment, (2) the lease contract, and (3) the HOA/condo corporation’s governing documents.

As a default rule in civil law, the debtor bears the expenses of payment unless otherwise agreed—and for rent, the “debtor” is typically the tenant. But that default can shift where the landlord requires a particular payment method that imposes fees, or where the lease expressly allocates costs. For homeowners’ or condo dues, the owner is usually the party directly liable to the association/corporation, even if the lease makes the tenant reimburse or pay them in practice.

This is general legal information in the Philippine context, not legal advice. Lease terms, HOA/condo rules, and facts matter.

1) The legal framework that matters

A. Civil Code rules on rent and “payment expenses”

Philippine lease is governed mainly by the Civil Code provisions on lease and obligations. Two big principles drive fee allocation:

Freedom to contract (within law, morals, public order, public policy). Landlord and tenant can generally agree on who pays fees—so long as the terms are not unlawful or unconscionable.
Expenses of payment are generally for the account of the debtor, unless there is a contrary stipulation. In rent, the tenant is the debtor (they owe rent), so the tenant typically bears the cost of making payment (e.g., bank transfer fee) unless the lease says otherwise or circumstances make it unfair/improper.

B. Rent control and special rental rules (when applicable)

The Rent Control Act (RA 9653) and later amendments/extensions (if any) can affect rent increases and certain landlord/tenant protections for covered units. It does not usually micromanage payment-channel fees, but it can matter if a “fee” is effectively a disguised rent increase or an illegal add-on for covered leases.

C. HOA and condominium rules: separate from the lease

Homeowners’ associations (HOAs) are governed by their governing documents and relevant housing/HOA regulations (commonly associated with RA 9904 and agency rules).
Condominium dues/assessments are governed by the Condominium Act (RA 4726), the Master Deed/Declaration of Restrictions, and the condo corporation’s By-Laws.

Key point: Associations usually have privity with the owner/member, not the tenant. Your lease can allocate who pays, but the HOA/condo corporation can usually enforce against the owner if dues go unpaid.

2) Online rent payment fees: what counts as a “fee”?

Common examples:

Bank transfer charges (InstaPay/PESONet fees, OTC deposit fees)
E-wallet convenience fees (GCash, Maya, etc., depending on channel)
Payment gateway/portal “processing” or “service” fees (credit/debit card processing, online portal charges)
Check deposit fees or inter-branch fees (rare now, but possible)
Foreign remittance fees (if tenant pays from abroad)

Important distinction:

Third-party fees charged by banks/payment platforms vs
Landlord-imposed fees (e.g., “online payment fee” collected by landlord directly)

They are treated differently in disputes.

3) Default rule: who pays online rent payment fees?

General default: tenant pays (because tenant is the debtor)

If the lease is silent, the most defensible default position is:

Tenant pays the cost of transmitting the rent (e.g., bank transfer fee), because it’s an expense of payment.
Landlord should receive the full rent amount agreed upon (e.g., ₱20,000 rent means landlord receives ₱20,000), unless the contract says “net of fees” or “inclusive of fees.”

But defaults can be overridden by contract (and sometimes fairness)

If the lease clearly states:

“Tenant shall shoulder all bank transfer and payment processing fees,” then tenant pays.
“Landlord shall shoulder platform/processing fees,” then landlord pays.
“Rent is payable net of charges,” then tenant pays charges on top, so landlord receives net rent.

When disputes arise, the practical question becomes: Did the landlord require a payment method that necessarily imposes a fee? If yes, some arguments favor shifting the fee to the landlord unless the tenant agreed in advance and had an accessible no-fee option.

4) The “required platform” problem (most common dispute)

Scenario A: Landlord offers multiple methods, including a no-fee method

Example: Landlord accepts (1) bank transfer with fee, (2) cash deposit with no fee, (3) check.

If tenant chooses the fee method for convenience, tenant typically shoulders the fee.

Scenario B: Landlord requires a portal/payment method that charges a fee

Example: “Rent must be paid via Portal X; Portal X charges ₱200 convenience fee.” Here, responsibility depends on agreement and reasonableness:

If the lease (or written notice accepted by the tenant) clearly discloses it and the tenant agreed, the fee can be treated like a tenant-borne payment expense.
If imposed mid-lease without consent, tenant can argue it’s an unilateral modification or an improper additional charge, especially if it effectively increases the tenant’s cost of rent beyond what was agreed.

Best practice: if a landlord requires a fee-charging method, the landlord should either:

shoulder the fee, or
offer at least one reasonable no-fee method, or
reduce the rent (or explicitly state rent is “exclusive of fees”) with clear written consent.

Scenario C: Landlord says “tenant must pay so landlord receives full rent”

Example: Rent ₱20,000; transfer fee ₱25; tenant sends ₱19,975.

If lease is silent, landlord can reasonably insist that rent must be paid in full and tenant should add the fee on top so landlord receives ₱20,000.
If the landlord provided the account and tenant chose the channel, that supports the landlord.

5) Landlord-imposed “online payment fees”: are they allowed?

A landlord collecting an extra “online payment fee” (not a bank/platform fee) raises issues:

If it’s expressly in the contract (e.g., “₱150 monthly admin fee for portal use”), it may be enforceable if not unconscionable and properly disclosed.
If it’s not in the contract and suddenly demanded, tenant can contest it as an unauthorized additional charge.
If the lease is covered by rent control protections, a recurring “fee” that is effectively mandatory may be argued as a disguised rent increase (context-specific).

Practical rule: third-party fees are easier to justify as “payment expenses.” A landlord-created fee is easier to challenge unless clearly contracted.

6) Receipts, proof of payment, and “date of payment” in online transfers

Online payments create disputes about when rent is considered paid:

If the lease says “paid when credited to landlord,” then the tenant must pay early enough to avoid delays.
If the lease says “paid when sent,” tenant should keep proof (transfer confirmation, reference number, screenshots, email receipts).
For e-wallet/bank transfers, delays can occur; a good lease defines:
- cut-off times,
- weekends/holidays,
- what counts as acceptable proof.

Fees tie in here: if a payment bounces or gets reversed and generates fees, the lease should state who shoulders those costs (often the party at fault).

7) Homeowners’ dues: who is liable, who pays, and what can be shifted?

A. Subdivision HOA dues (homeowners’ association)

Direct liability to HOA: typically the owner/member (the person recognized by the HOA as the member). Can the lease make the tenant pay? Yes—commonly done in practice as:

“Tenant shall pay monthly association dues as additional rent,” or
“Tenant shall reimburse owner for HOA dues.”

But even if the tenant promises to pay, the HOA may still treat the owner as accountable for unpaid dues and may enforce remedies against the owner/member under HOA rules.

Better framing:

Owner remains the “liable party” to the HOA; tenant becomes the “paying party” to the owner under the lease.

B. Condominium dues and assessments

Similarly, condo dues are usually the responsibility of the unit owner under the condo corporation’s rules. A lease can allocate:

tenant pays monthly dues (common for “all-in” arrangements or where tenant uses amenities),
tenant pays only dues related to tenant’s use,
owner pays all dues, tenant pays utilities only.

Special assessments: often treated differently.

Monthly dues (regular operating expenses) are sometimes passed to tenants.
Special assessments (major repairs, capital expenditures) are more commonly kept with the owner, unless the lease clearly shifts them (and even then, tenants may resist as unfair if not disclosed).

C. Practical enforcement risk

If the lease says tenant will pay dues but tenant fails:

HOA/condo corporation may pursue the owner/member (collection, penalties, interest, restrictions per rules).
Owner’s recourse is against the tenant (demand, deduct from deposit if allowed, small claims, etc.).

8) Amenities, access cards, and “use-based” charges

A common compromise is splitting HOA/condo-related costs:

Owner typically pays:

membership obligations,
charges that attach to ownership,
capital assessments,
long-term improvements.

Tenant may pay (if agreed):

amenity/user fees (pool/gym sticker, parking stickers for tenant vehicles),
access cards replacement,
move-in/move-out fees (if HOA imposes them on occupants),
fines attributable to tenant’s conduct (noise, parking violations).

But: HOAs/condo corps sometimes charge the owner directly regardless; the lease should require tenant reimbursement and allow the owner to withhold it from the deposit where lawful.

9) Common contract approaches (and what each implies)

Approach 1: “Rent is exclusive of all transaction fees”

Tenant pays rent + whatever it costs to transmit it.
Landlord receives full rent.
Least ambiguous.

Approach 2: “Landlord shoulders portal processing fees”

Landlord receives rent amount; landlord absorbs platform cost.
Useful when landlord mandates a specific portal.

Approach 3: “Tenant pays HOA/condo dues as additional rent”

Makes non-payment a rent default (stronger remedy).
Owner still liable externally to HOA/condo corp, but has stronger contractual leverage.

Approach 4: “All-in rent”

Rent includes HOA dues and typical payment fees.
Simplifies life, but landlord must price it correctly and define what’s included/excluded (e.g., special assessments excluded).

10) Dispute checklist: how to analyze who should pay

For online rent payment fees

What does the lease say about payment method and fees?
Is the fee charged by a third party or imposed by landlord?
Did the landlord require a fee-bearing method?
Was there a reasonable no-fee alternative offered?
Was the fee disclosed upfront or imposed midstream?
Is the fee effectively a rent increase in disguise (especially in regulated contexts)?

For HOA/condo dues

What do HOA/condo rules say about who is liable? (almost always owner)
What does the lease say about who pays/reimburses?
Are we talking about regular monthly dues vs special assessment?
Are there tenant-caused fines or use fees?

11) Sample lease clauses (Philippine-style, customizable)

A. Online payment fees

Option 1 (tenant pays): “Rent shall be paid in full without deduction. All bank transfer charges, e-wallet convenience fees, and other transaction costs in remitting rent shall be for the Tenant’s account.”

Option 2 (landlord pays if landlord mandates platform): “If the Lessor requires rent to be paid through a specific online portal/payment gateway that imposes processing or convenience fees, such fees shall be for the Lessor’s account. The Tenant shall remain liable only for charges arising from the Tenant’s own payment errors or reversals.”

Option 3 (define full credit rule): “Rent is deemed paid only upon credit to Lessor’s account in the amount of ₱_____. Tenant shall remit sufficiently ahead of due date to cover clearing times and fees so that the credited amount equals the rent due.”

B. HOA/condo dues and assessments

Option 1 (tenant pays monthly dues, owner pays special assessments): “Tenant shall pay the monthly association/condominium dues during the lease term. Any special assessments, capital expenditure assessments, or charges attributable to ownership shall be for the Lessor’s account, unless arising from Tenant’s act or omission.”

Option 2 (owner pays, tenant reimburses use-based fees/fines): “Lessor shall pay association/condominium dues. Tenant shall reimburse Lessor for tenant-specific charges, including stickers, access card replacements, move-in/move-out fees, and fines attributable to Tenant’s violation of association rules.”

12) Practical guidance for landlords and tenants

For landlords

Put fee allocation in writing; ambiguity creates monthly friction.
If you mandate a portal, consider:
- absorbing fees, or
- providing a no-fee alternative.
Keep HOA/condo accounts current to avoid penalties; recover from tenant afterward if the lease allows.

For tenants

Ask for clarity: “Should landlord receive net ₱____ or is it okay if fees reduce credited amount?”
Keep proof of payment and reference numbers.
If asked to pay HOA/condo dues, request:
- the exact amount and billing cycle,
- copies/screenshots of statements,
- clarity on special assessments.

13) FAQs

Q: If the lease is silent, can the landlord force me to pay the convenience fee? Usually the tenant bears payment expenses, but if the landlord requires a fee-charging method and changed it mid-lease, you can contest it as an added burden not agreed upon. The cleanest answer depends on the contract and whether alternatives exist.

Q: Can the HOA/condo corporation collect dues directly from the tenant? Often they deal with the owner/member. Some associations accept tenant payment for convenience, but liability usually remains with the owner under the rules.

Q: If the tenant pays HOA dues directly, does that release the owner? It can keep the account current, but the owner is still the party the HOA/condo recognizes as responsible if something goes wrong. The owner should monitor and keep records.

Q: Are special assessments the tenant’s responsibility? By default, they are more naturally tied to ownership. Shifting them to a tenant requires clear lease language and strong disclosure, and may be resisted as unfair if not part of the bargain.

Bottom line

Online rent payment fees: default tends to fall on the tenant as a cost of payment, but the lease controls, and landlord-mandated fee-charging platforms are the most contestable situation if not clearly agreed.
Homeowners’/condo dues: owner is typically liable to the association/corporation, but the tenant can be made to pay or reimburse through the lease—especially for regular dues and tenant-use charges—while special assessments are commonly retained by the owner unless expressly shifted.

If you want, paste your lease clause (or draft one), and I’ll rewrite it to be clearer and more balanced for Philippine use.