Dear Attorney,

I hope this letter finds you well. I am writing to seek legal advice regarding my rights as a tenant under Philippine law. Recently, I have encountered several issues with the property I am renting, including concerns about rent increases, maintenance responsibilities, and potential eviction. I would like to know the full scope of my rights as a tenant to ensure I am not taken advantage of by my landlord.

I would greatly appreciate your guidance on the matter.

Sincerely,
A Concerned Tenant

Tenant Rights Under Philippine Law: A Comprehensive Guide

The rights and obligations of tenants in the Philippines are primarily governed by Republic Act No. 9653, also known as the Rent Control Act of 2009, the Civil Code of the Philippines, and other relevant legal doctrines. This article outlines the fundamental rights of tenants and provides a meticulous overview of their legal protections.

1. Right to a Written Lease Agreement

Under the law, a tenant has the right to demand a written lease contract. While verbal agreements are legally binding, a written agreement provides clear evidence of the terms and conditions agreed upon by both parties. Key provisions that should be included in the lease contract are:

The rental amount and due date.
The term or duration of the lease.
Obligations of both landlord and tenant.
Terms of renewal, cancellation, or termination.

2. Protection Against Unlawful Rent Increases

The Rent Control Act of 2009 limits annual rent increases for residential units covered by the Act. Specifically:

Properties with monthly rents of ₱10,000 and below in Metro Manila and ₱5,000 and below in other areas are covered.
Rent increases should not exceed 7% annually for the same lessee.
A landlord cannot increase rent within the first year of a new tenancy or when the lease is extended unless agreed upon in writing.

3. Right to Privacy and Peaceful Possession

Article 1654 of the Civil Code obligates landlords to respect the tenant's right to peaceful possession of the leased property. This means:

Landlords cannot enter the leased premises without the tenant’s prior consent, except in emergencies.
Harassment, such as cutting off utilities or forcing eviction without legal grounds, is prohibited.

4. Prohibition Against Arbitrary Eviction

The tenant cannot be evicted arbitrarily. According to Section 9 of the Rent Control Act, eviction is allowed only under specific circumstances:

Non-payment of rent for three consecutive months.
Subleasing the property without the landlord’s written consent.
The landlord needs the property for personal use or that of an immediate family member.
Necessary repairs or demolition approved by proper authorities.

In all cases, the landlord must issue a formal notice to vacate at least three months in advance.

5. Right to a Livable Dwelling

The landlord is obligated to maintain the leased property in a condition suitable for its intended use. Under Article 1654 of the Civil Code:

The landlord must ensure that the property is habitable and safe for occupancy.
Major repairs are the responsibility of the landlord unless the damage is caused by the tenant’s fault.

6. Prohibition Against Forfeiture of Security Deposit

The security deposit provided by the tenant cannot be arbitrarily forfeited. The landlord must:

Return the deposit upon lease termination, less any amount needed for unpaid rent or damages caused by the tenant.
Provide an itemized account of deductions, if any.

7. Right to Terminate the Lease

Tenants may terminate the lease under justifiable circumstances, including:

Failure of the landlord to maintain the property in habitable condition.
Breach of the lease agreement by the landlord.

Tenants are required to provide sufficient notice if they intend to terminate the lease before the agreed term.

8. Remedies for Tenant Abuse

If a landlord violates the tenant’s rights, the tenant may seek remedies such as:

Filing a complaint with the local barangay under the Katarungang Pambarangay Law for mediation.
Lodging a formal complaint with the Housing and Land Use Regulatory Board (HLURB) or its successor, the Department of Human Settlements and Urban Development (DHSUD).
Pursuing civil action for damages or injunctive relief in court.

9. Rights of Tenants During Property Sale

When the property being leased is sold to a new owner, the existing lease agreement generally remains valid. Article 1676 of the Civil Code protects tenants by stating that:

The lease is binding upon the buyer unless explicitly terminated under lawful conditions.
Tenants must receive adequate notice regarding ownership transfer.

10. Exemptions and Special Considerations

Certain leases are excluded from the Rent Control Act, including:

Commercial leases.
Residential units with a monthly rent above the threshold set by the law.

11. Recent Updates and Jurisprudence

While the Rent Control Act of 2009 has been extended multiple times, tenants and landlords should stay informed about recent amendments or judicial interpretations affecting their rights and responsibilities.

Practical Tips for Tenants:

Document Everything: Maintain a written record of communications, lease agreements, and payment receipts.
Understand Your Lease Contract: Thoroughly review all terms and seek clarification for any ambiguous clauses.
Seek Legal Assistance: Consult a lawyer if faced with complex disputes or potential violations of your rights.

Conclusion

The law provides tenants with substantial protections to ensure fairness and security in their living arrangements. By understanding these rights and fulfilling their obligations, tenants can safeguard themselves from exploitation while maintaining harmonious relationships with their landlords.

For specific concerns or disputes, tenants are encouraged to seek professional legal advice tailored to their unique circumstances.