Lessor obliged to make necessary repairs

Dear PAO,

I entered into a one-year lease contract for the use of a two-bedroom unit in a low-rise
condominium in Makati. When I inspected the property before signing the contract, the place
looked well maintained and livable for a family of three. I also didn’t notice any indication that
the unit needed repairs. I saw no reason why I should not rent the said property, so I signed the
lease contract on the same day and moved into the unit the following day.

Two months later, when the rainy season came, the problems in the unit became apparent. One
night, we were surprised to see a puddle of water in our unit. Our clothes were soaked and some
of the books in our shelf got wet as well. It turned out that the rain water collected on the
condominium rooftop seeped into the cement and leaked into our unit. We informed the
proprietor about this incident and asked him to fix the leak. However, after a month of constant
reminders, the proprietor still hasn’t done anything to fix the leak. We are becoming more
concerned of our living conditions because the property doesn’t appear to be suitable to live in.
What are our rights as a lessee in a situation like this?

Heinrich

Dear Heinrich,

Article 1654, paragraph 2 of the Civil Code of the Philippines expressly stipulates that “the
lessor is obliged [] to make during the lease all the necessary repairs in order to keep it suitable
for the use to which it has been devoted, unless there is a stipulation to the contrary.” Necessary
repairs include those which must be done to keep the thing leased suitable for use. In your case,
the lessor must make all the necessary repairs to keep the property suitable to live in as the
property was meant to be a residential unit. However, this rule does not apply if there is a
contrary stipulation in your lease contract stating that the lessor is not obliged to repair any
defects in your unit.

Further, Article 1658 of the said law states that “the lessee may suspend payment of the rent in
case the lessor fails to make the necessary repairs or to maintain the lessee in peaceful and
adequate enjoyment of the property leased.” Thus, in case the lessor continues to refuse to make
the necessary repairs on your leaking roof, you have the option to suspend payment of rent until
the lessor undertakes to repair the same. “If the lessor [] should not comply with the obligations
set forth in Article 1654 (i. e. make the necessary repairs) [], the [lessee]may ask for the
rescission of the contract and indemnification for damages, or only the latter, allowing the
contract to remain in force.” (Article 1659 of the Civil Code of the Philippines)

Lastly, should you determine that your unit “is in such a condition that its use brings imminent
and serious danger to life or health,” you may “terminate the lease at once by notifying the
lessor.” (Article 1660, Ibid.)