Republic Act (RA) No. 9653 – Rent Control Act of 2009 (full text)

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As a follow up to my previous post about Republic Act (RA) No. 9653, also known as the Rent Control Act of 2009, I am posting here a full text copy of the rent control law in its entirety as reference for everyone.

Salient provisions of RA 9653 can be found in my previous post which highlights the exemption of rent-to-own agreements from the new rent control law and you may access it here. I look forward to the release of the Implementing Rules and Regulations (IRR) of RA 9653 and once the rent control act IRR becomes available, I’ll surely post it  here as well.

Full text of RA 9653:

S. No. 1963
H. No. 6098

Republic of the Philippines
Congress of the Philippines
Metro Manila
Fourteenth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand eight.

Republic Act No. 9653

AN ACT ESTABLISHING REFORMS IN THE REGULATION OF RENT OF CERTAIN RESIDENTIAL   UNITS, PROVIDING   THE   MECHANISMS   THEREFOR   AND FOR OTHER PURPOSES.

Be   it   enacted   by   the   Senate   and   House   of   Representatives   of   the   Philippines   in   Congress assembled:

SECTION 1. Short Title. – This Act shall be known and cited as the “Rent Control Act of 2009.

SEC. 2.  Declaration of Policy. – The State shall, for the common good, undertake a continuing program of encouraging the development of affordable housing for the lower income brackets and other beneficiaries.

Toward this end, the State shall continue to protect housing tenants in the lower income brackets and other beneficiaries from unreasonable rent increases.

SEC.   3.  Definition   of   Terms. –   The   following   terms   as   used   in   this   Act   shall   be understood as:

(a) “Rent” shall mean the amount paid for the use or occupancy of a residential unit whether payment is made on a monthly or other basis.

(b) “Residential   unit” shall refer to an apartment, house and/or land on which another’s dwelling is located and used for residential purposes and shall include not only buildings, part or units thereof   used solely as dwelling places, boarding houses, dormitories, rooms and bedspaces offered for rent by their owners, except motels, motel rooms, hotels, hotel rooms, but also those used for home industries, retail stores or other business purposes if the owner thereof and his or her family actually live therein and use it principally for dwelling purposes.

(c) “Immediate members of family of the lessee or lessor” for purposes of repossessing the leased premises, shall be limited to his or her spouse, direct descendants or ascendants, by consanguinity or affinity.

(d) “Lessee” shall mean the person renting a residential unit.

(e) “Owner/Lessor” shall include the owner or administrator or agent of the owner of the residential unit.

(f) “Sublessor” shall mean the person who leases or rents out a residential unit leased to him by an owner.

(g) “Sublessee” shall mean the person who leases or rents out a residential unit from a sublessor.

SEC. 4. Limit on Increases in Rent. – For a period of one (1) year from its effectivity, no increase shall be imposed upon the rent of any residential unit covered by this Act:  Provided, that after such period until December 31, 2013, the rent of any residential unit covered by this Act shall not be increased by more than seven (7%) annually as long as the unit is occupied by the same lessee: Provided, further, That when the residential unit becomes vacant, the lessor may set the initial rent for the next lessee: Provided, however, That in the case of boarding houses, dormitories, rooms and bedspaces offered for rent to students, no increase in rental more than once per year shall be allowed.

SEC. 5. Coverage of this Act. – All residential units in the National Capital Region and other highly urbanized cities, the total monthly rent for each of which ranges from One peso (P1.00) to Ten thousand pesos (P10,000.00) and all residential units in all other areas, the total monthly   rent   for   each   of   which   ranges   from   One   peso   (P1.00)   to   Five   thousand   pesos (P5,000.00) as of the effectivity date of this Act shall be covered, without prejudice to existing contracts.

SEC. 6.  Authority to Continue Rental Regulation. –  Notwithstanding the lapse of the period provided in Section 4 of this Act, the Housing and Urban Development Coordinating Council (HUDCC) is hereby granted the authority to continue the regulation of the rental of certain residential units, to determine the period of regulation and its subsequent extensions if warranted, to determine the residential units covered and to adjust the allowable limit on rental increases per annum, taking into consideration, among others, National Statistics Office (NSO) census   on   rental   units,   prevailing   rental   rates,   the   monthly   inflation   rate   on   rentals   of   the immediately preceding year, and rental price index.

SEC. 7. Rent and Requirement of Bank Deposit. – Rent shall be paid in advance within the first five (5) days of every current month or the beginning of the lease agreement unless the contract of lease provides for a later date of  payment. The lessor cannot demand more than one (1) month advance rent. Neither can he/she demand more than two (2) months deposit which shall be kept in a bank under the lessor’s account name during the entire duration of the lease agreement. Any and all interest that shall accrue therein shall be returned to the lessee at the expiration of the lease contract. In the event however, that the lessee fails to settle rent, electric, telephone, water or such other utility bills or destroys any house components and accessories, the deposits and interests therein shall be forfeited in favor of the latter in the amount commensurate to the pecuniary damage done by the former.

SEC. 8. Assignment of Lease or Subleasing. – Assignment of lease or subleasing of the whole or any portion of the residential unit, including the acceptance of boarders or bedspacers, without the written consent of the owner/lessor is prohibited.

SEC. 9. Grounds for Judicial Ejectment. – Ejectment shall be allowed on the following grounds:

(a) Assignment of lease or subleasing of residential units in whole or in part, including the acceptance of boarders or bedspacers, without the written consent of the owner/lessor;

(b) Arrears in payment of rent for a total of three (3) months: Provided, That in the case of refusal by the lessor to accept payment of the rent agreed upon, the lessee may either deposit, by way of consignation, the amount in court, or with the city or municipal treasurer, as the case may be, or barangay chairman, or in a bank in the name of and with notice to the lessor, within one (1)  month after the refusal of the lessor to accept payment. The lessee shall thereafter deposit the rent within ten (10) days of every current month. Failure   to   deposit   the   rent   for   three   (3)   months   shall   constitute   a   ground   for   ejectment. The lessor, upon authority of the court in case of consignation or upon joint affidavit by him and the lessee to be submitted to the city or municipal treasurer or barangay chairman and to the bank where deposit was made, shall be allowed to withdraw the deposits;

(c) Legitimate need of the owner/lessor to repossess his or her property for his or her own use or for the use of any immediate member of his or her family as a residential unit: Provided, however, That the lease for a definite period has expired: Provided, further, that the lessor has given the lessee the formal notice three (3) months in advance of the lessor’s intention to repossess the property and: Provided, finally, that the owner/lessor is prohibited from leasing the residential unit or allowing its use by a third party for a period of at least (1) year from the time of repossession;

(d) Need of the lessor to make necessary repairs of the leased premises which is the subject of an existing order of condemnation by appropriate authorities concerned in order to make the said premises safe and habitable:  Provided, That after said repair, the lessee ejected shall have the first preference to lease the same premises: Provided, however, That the new rent shall be reasonably commensurate with the expenses incurred for the repair of the said residential unit and: Provided, finally, That if the residential unit is condemned or completely demolished,
the lease of the new building will no longer be subject to the aforementioned first preference rule in this subsection; and

(e) Expiration of the period of the lease contract.

SEC. 10. Prohibition Against Ejectment by Reason of Sale or Mortgage. – No lessor or his successor-in-interest shall be entitled to eject the lessee upon the ground that the leased premises  have been sold or mortgaged  to a third person regardless of whether the lease or mortgage is registered or not.

SEC. 11. Rent-to-Own Scheme. – At the option of the lessor, he or she may engage the lessee in a written rent-to-own agreement that will result in the transfer of ownership of the particular dwelling in favor of the latter. Such an agreement shall be exempt from the coverage of Section 5 of this Act.

SEC. 12. Application of the Civil Code and Rules of Court of the Philippines. – Except when the lease is for a definite period, the provision of paragraph (1) of Article 1673 of the Civil Code of the Philippines, insofar as they refer to residential units covered by this Act, shall be suspended during the effectivity of this Act, but other provisions of the Civil Code and the Rules of Court on lease contracts, insofar as they are not in conflict with the provisions of this Act shall apply.

SEC. 13.  Penalties. – A fine of not less than Twenty-five thousand pesos (P25,000.00) nor more than Fifty thousand pesos (P50,000.00) or imprisonment of not less than one (1) month and one (1) day to not more than six (6) months or both shall be imposed on any person, natural or juridical, found guilty of violating any provision of this Act.

SEC. 14. Information Drive. – The Department of the Interior and Local Government and the HUDCC, in coordination with other concerned agencies, are hereby mandated to conduct a continuing information drive about the provisions of this Act, which shall be translated and be made  available in major regional dialects and shall be posted in conspicuous public places, including barangay halls.

SEC. 15. Review of the Rental Regulation – The HUDCC is hereby mandated to conduct every three (3) years from the effectivity of this Act a review of its implementation and a study on   rental   regulation,   and   submit   to   Congress   its   recommendation   on   whether   a   continuing regulation is still necessary or deregulation is already warranted.

SEC. 16. Program to Cushion Impact in the Event of a Regulation-Free Rental Housing Market –  The   HUDCC   and   its   attached   agencies   are   hereby   mandated   to   formulate   and implement a two (2) year transition program which will provide for safety measures to cushion the impact in the event of a regulation-free housing market.

SEC.   17.  Separability   Clause.   –   If   any   provision   or   part   hereof   is   held   invalid   or unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.

SEC. 18. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified or amended accordingly.

SEC. 19. Effectivity Clause. – This Act shall take effect beginning fifteen (15) days after its complete publication in at least two (2) newspapers of general circulation.

Approved,

PROSPERO C. NOGRALES                             JUAN PONCE ENRILE
Speaker of the House                                      President of the Senate
of Representatives

This Act which is a consolidation of Senate Bill No. 3163 and House Bill No. 6098 was finally passed by the Senate and the House of Representatives on May 27, 2009 and May 26, 2009, respectively.

MARILYN B. BARUA-YAP                                 EMMA LIRIO-REYES
Secretary General                                           Secretary of the Senate
House of Representatives

Approved:       JUL 14 2009

GLORIA MACAPAGAL ARROYO
President of the Republic of the Philippines

A  full text copy of RA 9653 in PDF format is also available. Click here to download a full text copy of the Rent Control Act of 2009. (Source: http://www.hudcc.gov.ph)

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To our financial freedom!

Jay Castillo
Real Estate Investor
Real Estate Broker License #: 20056
Blog: http://www.foreclosurephilippines.com
Social Network: http://foreclosurephilippines.ning.com
Mobile: +639178843882
E-mail: ph.investor@gmail.com

Text by Jay Castillo.Copyright © 2009 All rights reserved.

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Jay is the founder of Foreclosurephilippines.com where he shares real estate investing tips and foreclosed property listings. He quit his job as an I.T. Manager to focus on Real Estate Investing and Internet Marketing. He is a PRC licensed Real Estate Broker (REB License # 3194)... [Read more]

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  • michelle

    hi my name is michelle.. i just wanna ask about my current situation wih the home owner..i am renting a studio type in novaliches and wasnt able to pay my last month rental due to financual crisis coz u dont have work ,and i went to pampanga to ask some money from my family but unfortunately theyvwere not able to help me,so i txted the owner and tild her that ill be paying my rental as soon as i get back from work, but no response from the owner..now after a month still wasn tt able to go back from the house.and my neighborr told me that theybpadlock the house and they took all my stuff without informing me… what can i do to get my stuff back and can i complain frombhe barangay qbout my case??? Pleas help me…

  • http://www.foreclosurephilippines.com Jay Castillo

    Hi Chico, it depends on what’s written in your contract. If there is no clause that pretermination will be grounds for forfeiture of your deposit, then I see no reason for you not get your deposit back.

  • http://www.foreclosurephilippines.com Jay Castillo

    Hi Levi, it depends on your lease contract if it says it is enough grounds for forfeiture.

  • Pingback: Common Condo Lease Issues You Might Encounter()

  • Lor

    Hi Jay,

    Thank you for your post. I have read the four legal reasons the lessor can eject a tenant. But I have also read in another link that a tenant can terminate the lease agreement anytime. Is this correct? I want to know the legal basis for this. Our situation is this: We are now renting inside an apartment compound that has 3 units. It is fully fenced and gated. Before we signed the agreement, there were no pets in the area. For some reason, the door 2 tenants decided to have a cat which they allow to roam freely in the complex. It pees, poos, and sits on our flower beds. We complained about this and about the possibility of us or our son being bitten by it to the door 2 tenants and the owners. Unfortunately, they are all unwilling to address our concerns, even after we proposed two options to the owner; 1. for the door 2 tenants to make sure to keep the cat in their house or 2. get rid of the cat. This problem has led to a recent argument and the owner told us that if we can’t stand having the cat around, then we should just leave. We have just renewed our contract which will end on February 1, 2015. After the argument and because of the many issues we have with them, we are willing to accept their proposal. In this case, can the owner decide as to when we should move out and can the owner declare our 2-month security deposit be forfeited?

    Thank you in advance for your time and help.

  • shane tim

    Hi, we are currently renting a commercial space in Cebu City, during that 7.2 quake happened last October 15, 2013 a facade part of our building collapse, immediately after the incident we ordered our staff to go home and temporarily stopped our operations for the safety of everyone.as ordered by our main office in Australia, after that collapsed wall and some cracks in the building, we are advised no stay closed unless a certificate of inspection is being issued to make sure its safe to open again. but the landlord took about 19 days before they issued the certificate. are we entitled to ask lease adjustments?because of our operation loses. can we demand it from our landlord?

  • ronald estigoy

    dati po ako ofw, nagka problema po ako sa saudi, 1 year ako di nakapag padala ng pera sa pamilya ko dahil po sa employer ko. di op nakabayad ng upa ang pamilya ko sa bahay na inuupahan namin. 3,000 php. ang naging utang ng pamilya ko sa may ari ng bahay. nung pinalayas ang pamilya ko sa inuupahang bahay walang maibayad na php. 3,000 kaya napilitang kunin ng may-ari ng bahay ung refrigirator namin bilang kabayaran sa pagkaka-utang na halagang 3,000 php. bale nagkasundo po sila sa ganong usapan. pero nung dumating ako nitong sept. 14, 2013 biglang naningil ung may-ari ng bahay dun sa utang namin sa bahay na halagang 3,000 php. sa upa ng bahay sa dati naming tinitirhan. 1 year na pong pinalayas ung pamilya ko sa dating tinitirhan namin at naiwan nga po ung refregerator namin bilang kapalit sa utang namin. tama po bang bayaran pa namin yon?

  • http://hotmail Lyn

    Hi may mga question lang po akong dapat malaman..I have a complain about my landlady is a termites is a major repair naba sa duplex na bahay? When sabihin ko sa kanya may anay bahay sabi niya sa katulong so…Tapos gusto ko siyang kausapin para matreat ung anay. Pero ayaw niyang makipag usap sa akin, sabi niya its our responsibility kasi kami ang nakatira dito sa bahay na ito. So sabi ko aalis nalang po kami kasi major damage na ang anay. Sabi niya sige para putulan kami ng water at bahay. Paano niya kami puputulan bayad po kami from September 12 to October 12 at mayron pa kaming 2 months deposit. We give her 33,000 one month advance and 2 months deposit. Yong contruct namin is paso na a year ago na di po niya pinalitan.. sabi doon sa contruct namin, is na after na ma expire aming contruct is e consume namin ung 2 months deposit, pero di po nangyari kasi palagi siyang nanghihingi ng renta. Until na hindi kami nagkaintindihan don sa anay don ko nakita sa contract na di dapat ako nagbayad ng 2 months para don sa deposit na maconsume dapat namin. Pina barangay ko siya pero di siya sumisipot.. Worth it ba na umabot kami hanggang sa husgado…By the way binigyan niya kami ng Notice saying that our contract is already terminated May 2 and we have 2 months to vacate our place even na di niya binibigay deposit namin??? Kami rin po lahat nagpapaayos sa sira at ung bahay di livable sa aking anak kc ung mga electrical wirings niya ay walang takip…please need ur reply soom

  • Ellaine

    Hello!

    There’s just a few questions that I would like to know about the landlord and tenant’s agreement.

    I am living here in his apartment from a total of 1 year and almost 6 months. After my 1 year contract has ended, He asked me to sign another contract which in the first place I doubted it myself for some reason and I was cornered at that time. I didn’t have time to act when he gave to me the contract to be sign though he gave me a few days to sign it.

    And now I asked the landlord to end the contract early this month September which is 6 months already since I started to sign another contract.

    I asked him to change the contract to 6 months instead of 1 year because I can no longer stay here due to a few reasons:

    The no. 1 reason is the water bill here is way more expensive than the normal water district charges. I confronted him about the price of the water bill and he said “our water is different because we have pumped water from the well” and so on. I don’t even understand that I felt like I was ripped off all these years. I also went to the Water district in our place if how much is the minimum per cubic meter and I was shocked what I had discovered. The landlord charges everyone of us here triple the minimum of the water. Can you imagine that?

    No. 2 reasons is my husband doesn’t like the place no more because it is hot during middays and he can’t stand it.

    No. 3 I can’t pay the bills anymore.

    All I wanted is just to move out here and find another place and I want my 16k deposit back.

    My question is:

    Are these 3 reasons are acceptable in the law to end this contract?

    What are the consequences should I face if I pursue this (such as penalties, etc.)?

    As a tenant do I have the right to do this act of ending the contract?

    Can I get my 16k deposit?

    Thank you!

    I would appreciate a response soon.

    • Jaypee

      Unang-una basahin ang pepermahan ng mabuti at hanapin sa seksyon kung saan nakalagay ay “Breach of Contract”, kung may nakasaad na hindi na mababawi ang deposit kapag hindi natapos ang kontrata ibigsabihan hindi mo na iyan mababawi pa, ngunit kung ang may-ari ng bahay ang sumira sa kasulatan at may nilabag siya, maaari mong sabihin sa kanya na sya mismo hindi sumunod sa patakaran.

      Tungkol naman sa Water Charges, hindi na po maniniwala ang korte na after a year bago nyo pa nalaman. Pangalawa, ang may-ari na mismo ang mag decide kung magkano ipapatong nya sa inyo, kung may triple na patong then siya na ang bahala ma konsensya pero di naman makatarungan.

      Kung ikaw ay maghahabla maari mong ihabla ang landlord at maipapasok ito sa small claims sa korte isang pa-alala ang paghahabla ay hindi biro sa 16k mo mas malaki pa ang magagasto mo, maari mong ipatawag sa Baranggay o makipag-usap ng maayos sa may-ari huwag mag-mataas sa kanila.

      Mabilis na solution, huwag kang magbayad ng 3 buwan sa bahay at makaka-alis ka ng walang bayad. Walang makukuhang gamit sa inyo dahil hindi yan naka saad sa kontrata pwera lang nakasaad doon bago mo permahan.

      Jaypee

  • lalyn

    gud pm po… sir pls advise me nmn po on what to do…
    meron po kc kming room for rent… my verbal agreement po kmi s isa nming lessee n til nov.30, 2013 nlng po cla kc po d cla mgkasundo ng father in law ko(real owner of the room for rent) kc po d cla sumusunod s mga house rules and another thing my balak dn po kmi iparenovate un by december. bale last june 2, 2013 po kmi ngkaroon ng verbal agreement. kaya lng po start po dt tym hndi po cla ngbabayad ng rent. bale mgpo 4 months n po n di nagbabayad… nagamit n dn po nla advance and deposit nla last april n may 2013… nailapit n po nmin s barangay pro d po npirama ung lessee at d po cya sumisipot s patawag ng kapitan…

    ano po pde namin gawin kc gsto n po nmin tlga cla umalis kc lagi lang nmn po cla nagkakasagutan ng father in law ko at d n nga dn po nakakabayad s rental…

    pls po…really need your help… we want dt lessee out for our peace of mind and heart…

    hope you could helm me… tnx nd God bless you!

    • Jaypee

      Simple, they did not pay you in 4 months, then pwedeng pwede na sila pa alisin, padala ka notice with in 7 days na lang sila otherwise ipapa sheriff na sila. Go to the nearest court and ask for assistance.

      • lalyn

        thanks a lot and more power 2 you, Sir!
        God bless!

  • Peter Watson

    I have a prob with my landlord, I am a foreign student studying at UPD. The air-conditioner in my apartment broke down so I contacted my landlord who gave me the phone number of a repairer. I payed to have the air-conditioner repaired and normally the landlord would refund me the money either in cash or rent reduction for that month; however this time he told me the repairs are my responsibility. Is the repairs to items such as an air-conditioner; which is a fixture my responsibility or the landlords.

  • James

    Hello Jay,

    I am hoping that you can help me with this one. I met my tenant last dec 2012. She was very friendly and enthusiastic at that time. She rented my house located in bulacan for 6k a month. We didn’t have a written contract and just had a verbal agreement. Since May of 2013, she wasn’t able to pay her rent. She sent me an sms message and promised to pay on the 15th of may. When that day arrived, she told me that she was struggling with her finances and ask for an extension. I told her to pay her rent whenever she is ready. (She also owed me 55k on a different business venture but that’s another story). I trusted her and gave her time. However, when September came (i was busy with other things to check on her after april 15th) i was unable to contact her. I went to the house she was renting from me and found out that she was not living there for almost 2 weeks as per the neighbors. I went to the local baranggay and ask for an assistance so we could check the house (the neighbors told me they were hearing noises suspecting that the woman is being beaten by her husband.) They left some belongings such as TV, a sofa set, a bed and some clothes (They even left their dog alone inside very hungry). I do not know what to do with their stuff and she still owe me money. I don’t know how to reach her (her cellphone and her husband’s cannot be reached). I asked someone to look after and clean the house. I plan to sell the house or lease it again. What do i do with their stuff? Can i sell it? I just paid their electricity and water bills amounting to 10,000. (It has been a week since we entered the house and still not a sign from them.)

  • cha

    Hi
    I would like to inquire about the Rental Control Act.. if the tenant is renting 12T since 2007 with no price increase,, is it valid to increase of 15T for this year 2013??? same occupant. And also, how much % is allowed for more than 10T rent.

    thank you and hope for your promt reply.

    • Jay

      Regardless of the amount of rental the law states only 7% annually with the same tenant. See Section 4 of this Law.

      • Elpi Garcia

        R.A. 9653 otherwise known as the Rent Control Act of 2009 only covers rent for residential unit between P1 and P10,000 in NCR and other highly urbanized cities & between P1 and P5000 in other areas. If the rent is beyond these amounts, then this law does not cover it. See section 5 of this law for details.

  • Rolando Navarro

    Sir question lang po sa Section 4 ng Rent Control Act as mentioned in this article. Question ko po is this sentence sa Section 4: “Provided, that after such period until December 31, 2013, the rent of any residential unit covered by this Act shall not be increased by more than seven (7%) annually as long as the unit is occupied by the same lessee:” —> Ibig sabihin po ba nyan na after December 31, 2013 ay puede na po magtaas ang lessor/may-ari ng bahay ng more than 7%. Please reply po. Salamat po ng marami.

    • Jay

      Fiscal year maybe basically it’s a year. Unless you guys agreed with 6 months terms if one year term then possible 1 year of tenure. Pero di pa kayo naka abot ng one year no reason to increase the fee.

      “Provided, that after such period until” – means the period of your agreement.

  • philip

    Hi All,

    I have a problem and I can’t find an answer because the Rent Control Act of 2009 is only applicable to tenants that pay 10,000 or less. My rent is P12,000, and my problem is this. I told my landlord that I will be leaving, i still have 2 months deposit and I’m already using 1 month’s deposit. My landlord wants me to leave at a specific date, but I told him that I still haven’t found any place to move to, still he insists on the said date (that is the date my one month will be consumed and he needs to keep the other deposit). I tried to offer other alternatives, such as paying for succeeding days until I get a new place but he doesn’t want it (obviously he is being unfair and a dick) and insists on me leaving on said date. I just want to know, can he dictate the day he wants me to leave? If you think about it, i just told him I’ll be leaving and then him deciding that I leave on this date is essentially saying he’s kicking me out. Is there any law that can help me/protect me?

    Thanks and more power!

    • Jay

      You need to base your reason to your agreement. It should be written in there 30 days of notice meaning you should notify them with in 30 days after 30 days you must leave otherwise you ask extension IF they agree for an extension if not then you have no choice.

      For me, after you notify them count 30 days to find a place.

  • Mico

    Hi Attorneys,

    Good Day. Requesting for your further assistance regarding the lessor of the house. I am currently renting a house for almost 6 years from now and right now we are having a problem with the owner of the house.

    First of all, the one who collects the monthly payment was the father of owner of the house. I ‘ve never met the real owner which was supposedly the daughter of the collector.

    I am a good payer but I commited that sometimes I had a delayed payment but it was only for a days not for a week. And if I did this, I made an advance payment for the next month.

    The problem was about the house improvements that we made to the house. Of course for 6 years living there, we cannot say what will happen to the durability of the house like that roof was rusted and when it rains, the water flows down inside the ceiling of the house and many more.

    The collector which was the father of the owner and the one who I talked to every time we had a transaction regarding the monthly payment. He is the one who always went to the house to collect payments. We brought our concern regarding the problems we encountered to the house. He inspected it and we had an agreement that the total cost of the house improvements should be deducted to the monthly payment. In short, every month, I deducted 500php until it completes the total amount of the said cost of the house improvements.

    But two days ago, my mother received a call from the owner (the daughter of the collector) and asking what was the things needed to be fixed. My mom replied her with all the issues regarding the house and what part of the house we improved. She insisted that before they were no such thing like that and she also said that the improvements should not be deducted to the monthly payment because we were the one who wanted to improved it not them. But in my opinion, she was not the one who I talked to during the transaction. Me and my mom didn’t have any agreement to the owner but to his father. After that the owner wanted us to vacate the house after two months. Just like that with out a proper conversation to the tenants.

    The most terrible part was that the owner texted my mother with some violent and harmful words. She spammed messages and insulted my mom. Because of this, we took a necessary action to file a blotter to the barangay hall for our safety and protection.

    It is stated in the republic act sec 9 letter D that :
    Need of the lessor to make necessary repairs of the leased premises which is the subject of an existing order of condemnation by appropriate authorities concerned in order to make the said premises safe and habitable:

    For your advise attorneys? Does the owner did any violation the rules of the law?

    Regards,
    Mico

  • Joseph

    So pwede po si tenant na di magbayad ng tatlong buwan bago umalis sa inuupahan?

    THEREFORE, sa halagang two month deposit (suwerte mo kung less than two) pwede ka tumira ng AT LEAST three months (pwede mas mahaba kasi dadaan pa sa “judicial ejectment” process, lalo na kung mahal at mahaba ang processo) AT libre ang electricity, tubig, internet, at kung anu-ano pa na kasama sa “utilities”.

    Parang may mali? Legal to kaya pwedeng abusuhin!!!

    • Joseph

      How paano kung di nagbabayad ng electricity at iba pang utilities? Ano law ang magpapaalis sa kanila?

  • Jennifer Ebreo

    Sir jay,
    Good evening po, nagrerent po ako ng isang apartment and 3000 ang binabayad ko monthly.I’m a good payer though pero ang problema is yung apartment na tinirahan ko ay naparami pala ng tulo sa kisame ,nalaman ko na lang huli na dahil lumipat po ako sa apartment na yun summer pa nun..ngayong naging tag-ulan na naging problema na namin ang pagtulo ng tubig sa loob ng apartment namin kahit sa kwarto ay may tulo na din.gusto na po sana namin lumipat ng bahay,kaya lang dun sa napirmahan ko pong contract ay kapag hndi mo natapos ang kontrata mo ay may 10% kang babayaran kada buwan, 10% ng upa Sir..halimbawa po isang taon ang pinirmahan mo pero naka 6 na buwan ka lang dahil kelangan mo ng umalis,babayaran nmin ngayon ng 10% kada buwan yung natitira pang 6 months..tama po ba yung ganun?napirmahan ko na po kase..pano po ba ang dapat gawin sa ganung sitwasyon lalo na ayaw naman nila agad aksyunan ang problema sa apartment nmin? please help us sir..thank you…

    • Joseph

      Non payment of the utilities is not included in the “Grounds for Judicial Ejectment”. Pwede naman magbayad ng rent pero DI KAILANGAN BAYARAN ang magdamagan na aircon, television, computer, at anu-ano pa.

      Parang may mali? Legal to kaya pwedeng abusuhin!!!

  • Sue Salmo

    Hello po. According to this Law kapag magpapaalis ng umuupa dapat bigyan sila ng 3 months. Bakit ang batas na to ay hindi malinaw or hindi nagsasaad na dapat silang magbayad up to the last month. Madami na kaming biktima ng 3 months na yan. Hindi sila nagbababayad kasi nakalagay daw sa batas na to na allowed silang tumira ng additional 3 months for free. Saan pong parte sa batas na to na nagsasabing may libre silang last 3 months? This Law is very shady?!? Need help please. Thank you.

    • Joe

      wala prob dun sa law,, 2 scenario ng aapply ung 3-month periods.. non-payment ng rent for 3 months and notice 3 months prior the date kung kelan kukunin ng lessor ung property for personal use,, at HINDI sabay ang application nung dalawa..

      kapag di nakabayad ng 3-months na rent, wla na extension o free stay, judicial ejectment na agad.. kung 3-month prior notice to repossess, magbabayad parin cla ng monthly rentals hangang dun sa date na kukunin na ung property..

      kapag cnabihan ulit kayo na pwede pa clang magstay ng ilang buwan at iinvoke nila ung “3months”, isampal nio sa kanila ung kopya nitong batas, tpos magpatawag na kyo ng barangay at ung sheriff para paalisin na cla

  • max

    magtatanong lang po sana……nangungupahan po kami sa isang lugar dito sa old panaderos, manila (pagbaba lang ng lambingan bridge, sta. ana manila) at ang lugar po eh masasabi kong shanty, common po ang cr namin at ng namamahala sa paniningil ng upa. ang upa namin ay 3k monthly, walang sariling kuntador ng ilaw at tubig. nung unang lumipat kami dito eh 2k ang upa namin, wala pang isang taong nakakalipas eh tinaasan kami at ginawang 3k ang upa. at yung singil sa amin sa tubig dahil wala din kaming sariling kuntador ng tubig na dating 150 ( 1 adult at 2 kids) eh tumaas sa 500. at ngayon ngang 2 adult nlng kami dito eh ganun pa din ang singil. at nitong nakaraan lang eh nilagyan nila ng padlock ang pinto ng cr, ang bigay ko ng bayad sa tubig eh bago mag katapusan ng buwan at alam naman yun ng namamahala, sa hindi ko maintindihang dahilan eh naniningil na sila ngayon at dahil nga sa hindi pa ako nakapag bibigay ng bayad eh pinadlock nila yung pinto ng cr. gusto lang po namin malaman ang karapatan namin bilang umuupa at kung tama ba ang mga patakarang pinatutupad sa amin dito, wala po kaming kontratang pinirmahan.

  • jumanah

    good day po!
    manghihingi lng po sana ako ng advice.. isa po akong ofw na may pinapa-aral sa maynila. isang 17yrs old at isang 18yrs old. nagrerent lng po ako as bedpace pra s mga anak ko na malapit sa school nila ng 2,800/month.
    hiningan po kmi ng 1 month advance at 2months deposit. ang mga anak ko lng po ang pumirma sa contrata at nong nag-iinquire po ako eh yong payments lng ang sinasabi nila at walang mga charges na sinasabi pero this month po kasi nadelayed po ang sweldo ko kya nadelayed rin po ako ng pagbabayad.
    tanong ko lang po.. sa mga dormitories po ba at mga boarding house e allowed sila mag charge ng 20% aday from the monthly rent? khit na po may advance kmi ng 2 months?
    At nong tinanong ko po sila kung iteterminate ko ang contrata makukuha ko pa ba ang advance ko? ang sabi po nila ay hindi na. at need pa nmin magbgay ng 1 month notice pro d pwedeng galawin ang advance payment nmin. legal po ba ang ganito? kasi napakabigat naman po ng 20% a day na charges. at wala po akong choice kundi tapusin ang 1 year contract ko sknila dhil may pinirmahan ang mga anak ko.

    Sana po ay mabigyan nyo po ako ng advice pra makagawa naman po ako ng aksyon. Di naman po ksi madali ang buhay naming mga ofw. nagtitiis po kami para lang makapag-aral ang mga anak nmin.
    Maraming salamat po!

  • Raffy1288

    Good day sir,

    Currently i am renting an apartment worth 3500/month, my electricity is being measured through sub meter so i am not sure if the electricity bill that i am paying is over/under rated, also my water bill is 6php per head per day.

    prior to this, a friend of mine is the leasee of the room/apartment. My friend asked me if i want to rent the place, i agreed because it is nearby my work place, i am not sure if there is a contract between my friend and my landlord, that is the first problem.

    Second is that, my payment for the electricity and water got delayed because of an emergency, thus, my landlord told me to look for another apartment, i just want to know my stand on this situation.

    QUESTIONS:
    1. If there is no contract existing, am i covered on this law?

    Your response will be appreciated.

    Thank you.

  • butch

    need help. the lessor is claiming that we missed the december 2012 rent payment and that only now he found it out since he is abroad that time and his nephew is the one collecting the rent. we told him that his nephew gave us a “temporary receipt” written on a piece of paper because he ran out of receipt according to him.
    now he is asking for that note but we cannot find it anymore. all we have dates back from may 2013 receipts (non BIR ) and nothing says there about any arrears.
    his nephew further claims(to him) that he came for the rent several times but we are not around, which is impossible since we left for vacation only after our child’s christmas break which is around december 18, 2012. they’re collecting rent every 7th of the month. please advice..thank you.

  • J

    We have been renting for about nine months now, and until today, wala pa ding binibigay na contract sa amin at hindi din consistent magbigay ng resibo yung owner namin. Ano po bang pwedeng gawin? Required po ba magbigay ng contract ang lahat ng landlord? at incase na umalis po kami, ayon sa SEC. 7. may interes po na madadagdag dun s binayad naming deposit, di po ba? Thank you.

  • Jowen Frank Mahinay

    I have a question. It’s about the Sec.9 – c … if the lessee was given 3 months formal notice in advance. Do they still need to pay the rent for the 3 months?
    Thank you

  • Yanshi Stott

    Need a advised

    I have property in Ponte verde laspinas who rented out by the Japanese sad thing they not paying me for 6months now to be exact my agent is useless and I don’t know what to do now because Im currently here in UK.. Yes 6 months that full of lies from them and now my house don’t have electric.. What legal action I can do now.

    Thanks

  • Emmanuel Villanueva

    Question,

    Pwede ko po ba ma refund and deposit ko sa rent if hindi ko natapos ang 1year contract? Or pwede ko po ba magamit ang deposit kong 2months without finishing the 1year contract? Thanks

    • Alexzon S. Colasito

      Depende po yun sa kontrata. If it says their kelangan mo ito gamitin instead na ibalik. ganun lang po.

  • Gigi

    Hi I am looking for a rental home or apartment for a couple. Specifically in Malanday, Valenzuela city. We are in a low income bracket. I was wondering if anyone can send any information if you know anything or information that is available. I am also disabled (on a wheel chair). Although with my disability I am still working. I’m also wondering how can I apply for a Low income housing ? Can I print out the application online ? Thank you.

  • Tony

    Hi,

    Ask ko lang kung tama bang mag taas ng rent every year? we are paying 6K then last year nagtaas ng 500 and then this July daw magtataas ulit ng 500.

    Hoping for your response. Thanks in advance.

    • Alexzon S. Colasito

      Every one year lang po puwede mag taas ng renta. Pero same tenant for a year then 7% lang ang puwede nito itaas. Kung mre than 10,000 ang rent mo Covered ka ng civil code kung low than that RA 9653.

      • Jay

        As per as SEC. 5. Coverage of this Act. – All residential units in the National Capital Region and other highly urbanized cities, the total monthly rent for each of which ranges from One peso (P1.00) to Ten thousand pesos (P10,000.00) and all residential units in all other areas, the total monthly rent for each of which ranges from One peso (P1.00) to Five thousand pesos (P5,000.00) as of the effectivity date of this Act shall be covered, without prejudice to existing contracts.

        Please clarify your statement it should not be more then 10,000 a month. If more than 10,000 a month then that is another story.

  • Amee

    Sir Jay Castillo, desperately need your advice please…

    I quickly browsed through the text, it does not seem like lessors are provided equal protection. I have 2 residential units put up for rent in a low-middle class area, we only required 2 months deposit prior to moving in, it already happened thrice that the lessee, not able to pay the regular monthly rent, consumed the 2 months deposit given to us, and on top of that has arrears on the monthly dues and then left us with thousands pesos worth of unpaid Electric and Water bills. Without us knowing, probably in the middle of the night, they just fled. Now, with the 2 months deposit already consumed, and with one more monthly payment also unpaid, we were left to pay the thousands pesos worth of electric and water bills. Because we took into consideration that this is a low income residential area, (monthly rent is P3,500 and no written, signed contract, just verbal agreement), we were very lenient and accepted Monthly payments on deferred basis. Lessees pay us P1K only come the due date, then will pay another P500 after a couple weeks (yes, weeks) until the total monthly due is paid for. We were very lenient and considerate. Again, we have another difficult lessee, exact same scenario, we told them they have to vacate the house in 3 months time, (we can legally do this right?) but we are afraid that they will run off also and leave us with thousands worth of unpaid electric and water bills. We just don’t want to go through the same ordeal again. Please advise us Mr. Castillo, thank you very much.

    • Atty. Not YET

      Sorry to say but I’m not Atty. Castillo but I happen to read your problem while browsing the above stated Law,
      well sir, for three (3) consecutive months of not paying the rent of your tenants, that is totally a ground for eviction. since what you asked them is a deposit and not as an advance. so give them a notice regarding their neglect of duty make sure that they affixed their signature on it then after that go to the your brgy. office to ask for an eviction letter or judicial ejectment to ur nearest court.

  • nino

    hello, i’de like to inquire if there is such thing as laws for a mis-deal in the transaction between the renter and the owner of the apartment? are the laws biased to the rights of the owner of the rented apartment only? i asked this because as a renter to an apartment, we feel that we are not satisfied, not happy with how they treat us after giving the 1 month advance and 2 months deposit, and we are not interested anymore with how things are going in the rented place. because of this, we want to refund our 2 month deposit and cancel the contract. do we not have a right to push for this?

    • nino

      btw, we are just on our first month.

  • Arman Labasano

    I would like to seek advice from you about our case.

    We are presently renting a house @ P4,000.00/mo. The owner had asked us to sign a contract before we occupied the unit, but had not been notarized. It is said in the contract that we can rent his house for a period of one year and just renew depending on his discretion. I ask for another year extension but to no avail. Now, he is insisting that we have to vacate the unit after a year because they will use the unit. But I’ve heard from our neighbors that he is looking for somebody to rent the unit again…..despite our interest to still continue to rent the unit.

    Can you give us any advise on this matter. We would like to ask if we could file for violation of Sec. 9 , paragraph C of RA 9653. Thank you.

    • bryan

      Whether the contract has been notarized or not, so long as both of the party agreed and understood what is written in the contract, the contract is valid, and it is stated in the contract that it is in the owners discretion whether to continue renting his/her unit.

  • Manny Digs

    good day sir just inquiring whether there are rules/policies/guidelines concerning basic rent contracts.? if there are any where can i find/get a copy of it. your help in regards is highly appreciated.

  • athan

    I would like to open-up my concern for the apartment that we rented. The land lord discussed the basic rules of its contract, ex. 6 month contract, 1 month advance 1 month deposit, etc… If the contract was breached the deposit will not be reimbursed. We agreed so we paid the needed amount. After a week the written contract was given to us. Upon reading the contract, there are items that were not disclosed to us during the first discussion before we moved-in. We discussed it with the land lord and we decided that we’ll not continue our stay. The land lord says that this is a breach of contract so your deposit will not be given back. Our statement to him was we did not sign the written contract so there is no contract at all. He replied that since we’ve paid the advance and deposit then there is a contract. Is this valid? We believe that our land lord has an attorney so before we plan to talk to our land lord we are in the right side.

  • Roldan Bisquera

    Inquire ko lang po, umuupa ako ng apartment 7,000/month. Ngaun pinapaalis ako dhl gagamitin daw ng may-ari, titira daw ang kapatid nya. Nagsampa ako ng harassment at pag-iiskandalo laban sa tagasingil ng upa which is anak ng may-ari. ‘di na kasi tinanggap ang bayad ko sa apartment. Umabot kami sa lupon ng barangay at binigyan ako until April 15. pinagbayad ako ng 8,000 para sa March 15 – April 15 na rent + electric & water bill. If in case po na ‘di ako makahanap pde po ba i-apply ang RA 9653? May laban po ba ako kung pilit ako paaalisin sa April 15. Sa totoo po hirap ako maghanap at wala pa po akong pangdown sa lilipatan ko if ever makakita ako. Sana po may makausap ako personally para malinawan po ako.

  • Miriam

    Miriam …..

    tanong ko lang po umuupa kami ng bahay 3600 may 2-months deposit 1-month advance ngaun po hindi kami nakabayad ng 2-months pinalaalis napo kmi ng may-ari sabi ko po ngayong march aalis na kami ayaw nila sinisingil pa po kmi ng may ari sa rental kahit at magkukumpiska daw po sila ng mga gamit namin kapag hindi namin binalik yung 2-months na deposit namin tama po ba na magkumpiska sila ng mga gamit namin kapag hindi namin nabalik sa kanila yung 2-months deposit namin pero may 1-month advance pa po kami sa kanila… ano po ba dapat namin gawin…

    • Jay

      That is against the law unless you signed an agreement that if you fail to pay such rental fee then they can take your things as a collateral. But 2 months is not enough for eviction. As per as Section 9 Paragraph b. Print a copy of this law and let him read the law.

  • Rico Mercado

    Hi Jay,

    Do we have Laws for Commercial Units as guidelines of Commercial Space Renters?

    Thanks,

    Rico

  • Alfred

    Sir can you please help us?

    We have a renter who paid us in advance for 1 month advance; 1 month deposit. They paid it last year november but during that time we haven’t generated a contract yet due to some personal issues. now our problem is we gave her the contract last feb. stating our conditions and we told her that we are giving her 1-2weeks to sign it (she told us she need to consult her daughter). it was stated in the contract that their bill day is the 1st of the month but the coverage is from 20-19 of the following month. she keeps insisting that she will pay the rent every 20th since that was that she moved last year nov. 20. up until now she haven’t signed the contract up until now and she wants to delay the payment on the 15th. we already agreed last month that she will pay every 1st we have our conversation thru text recorded in writing. my question is can i terminate her stay because she haven’t signed anything? what i plan to do is let her stay for this monthly coverage and make her vacate the premises on the 20th.

  • malu

    Hi Sir Jay,
    Can u give me an advice on what to do…my landlady refused to accept my rental payment for 2mos including the penalty, instead she told me to vacate her unit on February 15. I still have my 2 mos deposit. and worst, she file a complaint on our Barangay “delayed rental payment”. I don’t know what to do…I want to leave her unit but I still cant find a house…Is it right that I still have 3mos to stay in her unit until I find a new unit.pls advice me on what to do.Thanks and more power.

    • sofia

      Malu, based on my readings on rental law, if the landlady refused to accept your payment you have other options on where to give your payment and the barangay chairman is one. Read the full text on RENTAL LAW. Even if you are delayed in payment but settled it after 3 months the problem is resolved, thus you can continue staying in that rented place.

  • Lawrence Mills

    Can a person of 17 years of age sign a rental agreement?

    If not, is the contract void?

    • http://www.foreclosurephilippines.com Jay Castillo

      Hi Lawrence, I believe not, and the contract is void. I hope this helps.

      • Bernadette Ruiz

        voidable

  • nel

    hi po good day! my question lang po ako regarding po sa rights nmen family kc po we rented a studio type with store since 2010 ng sept 8 2500 lang po. without contract ngayon 2013 naging habbit na nila magtaas ng gusto nila like sa singil ng tubig nag start kme ng 50 per head ngaun 150 na per head,next ung sa kuryente may submeter kame x16 singil tapos ngaun ng taas nmn cla ng rent 500 tama po ba sila? kahit po wala clang business permit,…. parang gusto ko kc magcng nmn sila business na ginagawa p nilang business…pls advce me salamat po

  • Malu

    Hi good morning! I need an advice, I was renting a house for more than 6years and every time we failed to pay on time the lessor required me a 10% penalty on top of my monthly rent. and if after 1 month of not paying the said penalty plus the rent..He always told me to vacate his place. I also have a 2mos advance deposit. My problem is he is always harassing me to vacate their unit as soon as possible every time I failed to pay my rent on time. Please advice me what to do. Thanks and more power.

  • sofia

    a reply to charles’ letter — based from experience, the old deposit remains the same even if the rent has increased.

    • charles

      good afternoon,

      the owner of the lot has padlock the gate which i constructed and refrain us from taking away the properties such as steel plates, GI sheets, woods and ply woods and the fence made of steel which we constructed until i pay the difference from the old deposit to the present monthly rentals.
      i referred it to the barangay but they are not interested to give in.
      may i know what i must do ?
      please help me

  • charles

    10 years ago, i was renting a lot the amount of p2,500.00 and was ask to deposit (2) two months amounting to p5,000.00 with a verbal agreement that the 2 months will be applied on my last 2 months of stay or equivalent to the deposit that i made. I was paying my obligation religiously . At present the monthly rental is p8,000.00 and i am planning to leave the place, however the owner is asking me to pay the difference of p3,000.00 because it is the difference of the deposit that i made previously (10 years ago)
    Accordingly, if I will not pay the difference they will not allow my property to be taken out and they will padlock the gate.
    May i know if the the owner is correct ?
    Please help me.

  • jun

    Good day po ,
    Pls. pa advice naman po , meron po kaming nirerentahang lupa for almost 70 years at nagbabayad ng good faith sa may ari ng lupa kami po ang nagbabayad ng amilyar ng bahay, di po namin alam na yung some part ng bahay namin ay part ng lupa ng kapatid ng may ari ng kinatitirikan ng bahay namin e naibenta po dun sa kapitbahay namin , so ang nangyayari po ngayun gusto po nilang tabasin ang bahay namin . hinde naman po namin inaangkin ang lupa kaya lang nag dedemand kami na bayaran nila ang magagstos sa pag giba ng bahay nmin, tama po ba yun na sa part namin? ayaw po kasi nilang magbayad ng danyos sa masisirang part ng bahay namin.
    may karapatan po ba kami sa pag hingin ng danyos sa nakabili ng lupa?
    tnx and more power!

  • sofia

    Hi Mr Jay!
    I have just found a blog saying the Rent Control Act has expired. Wala na pala akong laban sa landlord ko in case paalisin talaga kami. Kala ko pa naman may pinaghahawakan akong basehan para di umalis. Ano po ang dapat kong gawin sakaling palayasin na kami sa apartment? thanks po….sofia po uli

  • sofia

    Hi, Mr Jay!
    Sofia here again…sad to say, my landlord has extended his stay probably until the 40 days of his departed mom. So my agony would continue umtil the 2oth of this month.
    Only today I heard him talking to a prospective tenant for the apartment next door,( It is a duplex apartment) and I was surprised to hear how rude he was to that person, a Pastor by profession. He asked, “Sino kayo? Alam nyo ba ang patakaran sa bahay na yan? Kung ang pamangkin pinalalayas” Para pong pinaririnig samin. Kung ang pamangkin pinalalayas kami pa kaya na di nila kaanu-ano? When the Pastor was gone, his sister butted in and said, “Pastor yan” na parang pinaaalalahanan sya. And the ladlord answered back, “Kung sa America nga nagagawa ko dito pa kaya sa Pilipinas!” So, talagang me kabastusan po talaga.
    AS of now po, we are not looking for a house to transfer to dahil di naman nila ako kinakausap kundi puro parinig lang. On the 1oth is my schedule of payment, try ko iabot ang bayad at pag di nila tinanggap, what should I do po? Pay to the City Treasurer, or barangay captain?
    Please kindly advise me Sir Jay. Thanks again po.

  • eva rose

    Good day! I would like to inquire if a lessor of an apartment request the lessee (renting the apartment) to vacate the haws she is renting, how many months can an occupant be allowed to stay in the rented unit until she can find and transfer into a new house? Thanks

  • http://www.facebook.com/wilmaRT82 wilma sarmiento

    My tenant asked if they could put counters to sell stuff right outside but within the fenced apartment. This was not part of the signed contract although I OK’d it. The next thing that happened was the tenant asked for forgiveness for being one month late on their rent but promised to double the rent on the 3rd month of occupancy which is today 1/2/12. Then the tenant was asking if it is OK to leave the the screen that they have just installed (without any permission) at the short fence around the apartment in order for the thieves to not get to their for sale goods sitting on the counters. The tenant emailed me that if it is not OK they will take down the security screen. Please advise.

  • Lalan

    hi jay, a follow up question to my earlier post: shouldn’t the damages be covered only by the deposit? the advance rent remains a rent payment to cover the last month?

  • Lalan

    hi jay, would like to ask whether a landlord can charge me for damages beyond what the amount of advance and deposit covers?

  • sofia

    i just need an advice if there’s anyone who can help – kasi po i’ve been renting an apartment for 5 1/2 years now and a good payer ever since. All of a sudden a relative of the landlord died and the landlord came home from the States. Di po kami nakapunta sa burol at tama po bang basehan na palayasin kami dahil lang di kami nagpunta? The mental anguish and torture na nararamdaman ko sa araw-araw everytime na dadaan kami sa bahay nila kung anu-ano ang naririnig namin na di magandang salita ay ganun na lamang po kahirap. Kesyo wala daw po kaming silbi at minumura pa po ako pag nagdadaan sa kanila. May pera po sila at wala akong laban sa usaping pera. Yung caretaker po ang kausap ko nung lumipat kami dito at di ang may ari ng apartment. Kaya dpat po ba yung caretaker lang din ang kausapin ko ngayon tungkol sa problema ko? Salamat po for whatever advice you can give me. Wala po kaming lease contract na pinirmahan. At dipo alam ng caretaker na pinariringgan kami. Yun pong caretaker ay relative po ng landlord. Merry christmas po!

    • http://www.foreclosurephilippines.com Jay Castillo

      Hi Sofia, I don’t think your failure to attend the wake of their relative is a valid reason to evict you. That is such a crazy reason. Close ba kayo nung landlord at kailangan andun kayo?

      • sofia

        Yun nga po eh, i don’t even know the landlord personally. He’s the type of a person that is loud and aggressive and everytime I hear him talking I feel some kind of nervous. I fear I might hear again anything said against me.
        Thanks God, they are leaving tomorrow for the States. It’s a great relief. Yun nga lang po, di kami masyadong nakapag enjoy nung christmas and probably not again on new year.
        Thanks po Mr Jay Castillo for the effort in replying. It’s such a great help and I really do appreciate it.

        Happy New Year to you and your family!!!

  • Gilbert E. Bautista

    Sir/Madam:

    I would like to know the specific guidelines about the rental business establishment, like laboratory, and drugstore.

    Thank you very much.

    Gilbert E. Bautista

  • leizl

    hi!
    I have a problem po kasi. m renting a room worth 3k a month. then i received a letter from my landlord na tinataasan nya yung rent ko ng 1.5k dahil daw i m accepting visitors kaya tumataas yung mga bills. (my water bill is free). thing is, yung visitor na yun only spent atleast an hour since hinatid lang naman ako dun. now he is asking me for a 4.5k monthly kasi before i rented the place yun yung asking price nya but since super liit lang naman yung room tumawad ako and nasa contract namin 3k. nakasulat sa contract na shall i allowed to have a co-boarder, a 500php monthly will be added per head. so bakit po 1.5k agad hinihingi nya and i dont have a co-boarder to begin me. tama po ba yung demand nya?

    please i need an advise since he will be asking me for the payment this day. 4.5k is way too much for a price sa small room na yun. by the way, my one year contract ended last may 14, 2012 and la pa bagong contract pero nagbabayad po ako monthly. he doesnt even issues any official receipts. please help? thanks!

    liz

  • Cielo Opigal

    Dear SIr;

    Good day!

    I hope you could address my inquiry asap through my email add above…

    I am just concerned regarding the rules they set for the apartment. i rented an apartment for almost six months now. They said that we have to pay rental every 7th of the month and if we cannot comply, everyday they will add 20 pesos until we can pay the said amount. My salary is on the 15th and 30th, so every time, I always pay an excess of 100 pesos and if not paid it will continue to increase, like for example, I got financial constraints just this month and I promised to pay the bill for two months in full, but still they have given me the penalty and it is continuous until the time I will be able to pay for the said amount. Is it reasonable for them to impose those rules and not giving us grace periods?The rental is 2500 that should be paid on the 7th and due to holidays I got short on my finances, now I promised to pay on the 15th next month and I have to pay 5,640 for two months including the penalty. So, the penalty is 640 and it is quite huge amount of money for a penalty for two months I believe. Please advise…

    Also, we have a problem with the water bills here…They are using submeter for each apartment so our water bill is doubled. Our bill reached up to 430 php per month compared to others who are not using submeters…it should only be around 100 to 200 as we don’t use excessive amount of water. It is too much for us and again due to financial constraints just this month, we were not able to pay the first month bill of 430 which should be due last nov.3. Now, the second bill arrived, again it reached to 470…They said they will cut our connection if we wont be able to pay the said amount this time. Some of the tenants here also were not able to pay their bills due to same issues. Do we have any alternative or do we have the right to demand to the lessor about changing the water system to be able to save money? And, is there such thing as water submetering?I have learned from a friend that maybe the owner is using jumper.. I don’t have any idea on this. Please advise..I badly need your help asap.

    Thank you so much.

    Sincerely,

    Cielo

  • Elvie Talaban

    Magandang Umaga po!

    We are looking for some legal advice with regards to the rent control law. I was rented a small room, it is a old wooden 3 story house. I’m rented in the second floor, 6 rooms in this floor. I’m rented almost 25 years already, and to be honest of course there are times that we were not able to pay the bills or the room rent on the exact time, but of course we are asking for thier kind consideration about that matters and promise to pay the bills. when I pay the bills yesterday Nov 12, he said that he consult the attorney and he summon me at the barangay chairman and explain my situation. before that bumaba ako sa kanya at sinabi ko na next week po ako magbabayad dahil nga ang mother ko na confined sa hospital for almost 1 month in ICU so ang dami kung binabayaran. and tanong ko lang kailangan niya ba kaagad kami 3 of co boardmate na ipabarangay? Matanda na kasi 80 years old na ang may ari ng bahay. ang isa pa namin problima ang CR natulo galing sa taas at luma na ang bowl ang lababo natulo narin galing sa taas nilagyan nalang namin ng tarpulin para makagamit kami ng lababo, sinabi na namin ang problima namin pero wala pa rin action. Di ba kailangan pag nag paupa ka ng bahay mayroon ka the followings: 1. Permit to operate leassing business. 2. Registration with BIR. 3. Issuance of Official Reciept. 4. Certificate from Burreau of fire protection (based on fire protection code) e wala nga kami fire exit at fire extinguisher . ang tubig namin 4.00 pesos 1 galoon at may oras pa. pag nag patubig kami nililista yan sa bawat kuarto kung ilan na galoon, hindi lalagpas sa 5 na galoon ang bawat cuarto, for example ang bilang namin sa 2nd floor 20 galoons times mo sa 2 min. kasi 1 gal. is equal to 2 min. pag hindi ka nakapuno dahil kung minsan mahina ang pressure ng pagbukas niya ng tubig, kawawa ang hindi malagyan. ikaw ang sasagot sa kapit kuarto mo kasi naka record na sa kanya ang tubig mo kung ilang galoon sa isang araw ang pinalagay mo. ang sa amin lang may karapatan ba kaming lumaban sa mga patakaran niya sa mga nangungupa sa kanya. Maraming salamat po.

  • John

    Hello,

    Could you please help me out as I don’t know where I stand. I just recently moved into a condo unit, I have been there for no more than one month. I have fully paid the monthly rent and the deposit and advance. We had a little misunderstanding with the landlord and decided not to continue renting however, there was no contract that was presented to us nor have we signed any document. The only agreement that we had is the payment and he (the landlord) told us that he will shoot an email with the contract but there was never a contract sent to us. Now the landlord won’t release our advance and deposit payment. I understand that the deposit shall stay with him to pay for the unpaid dues such as electricity, water bills etc., How can we get him to give back the advance>

  • verna celso

    Good day po. I have a question regarding section 4 of the Rent Control Act. I have a friend who is renting a small room of 2,000.00 per month. She has been renting this room for 13 months. The owner of this room told her last month that the rent will be increased by 500.00, which is more than 7% annual increase stipulated in the law. The owner has other rooms for rent and had increased the rent by 500.00. The lessees of these rooms are not aware of the Rent Control Act. To what office does she has to write so air her complaint on this lessor. Even the lessor is not aware of this Rent Control Act. Thank you.

  • aki

    hi. mag inquire po ako kasi naka submeter lang po nirerent namin., ayaw po palagyan ng sariling kuntador ng nagpapa upa kasi may utang dati yung huling tumira sa meralco. pag po ba kami nagpakabit at nagbayad ng unpaid bills nung tenant dati pwede po iawas nagastos namin sa kuntador sa renta namin? saka po kontrata namin nakapirma kapatid nila pero nung nag usap usap po sila sa ibang account na kami naghuhulog ng bayad. dati po kasi sa isang tao lang. ngayon sa buong pamilya napo yung renta namin. wala po kami bagong contract sa kontrata po na hawak ko 1 month adv 1 month deposit. sa hulog po namin sa bagong namamahala eh 2 mos adv at 2 mos deposit? verbal agreement lang po na sa new mamangement kami maghulog pero di naman po nagreklamo yung kapatid nila na kapirmahan namin sa kontrata. ano po ba legal basis nun kung sakali magkagulo sila magkakapatid about sa rent namin> saka yung kuntador po. sino po ba dapat may provision nun. yung nag papaupa o yung uupa pa ang magpapakabit?> salamat po

  • aki

    sino po ba dapat mag provide ng kuntador ng kuryente? yung nag papaupa o nangungupahan? pano po kung yung nagungupahan pakabitan ng kuntador kasi ayaw ayusin ng nag papaupa tapos binayaran yung fees at unpaid bills ng tenant before makokonsider po ba na renta ng nangungupahan yung nagastos nya since ayaw naman ayusin ng nag papaupa? salamat po

  • Icon

    hi! good day! i have some questions about the law of housing rental.. we have been rentinga bungalow house a year a half and i am confuse about the terms of the owner. (1) in our contract, they stated that we can use all the premises except for 1 room (which is the masters bedroom) not to use so they locked it up BUT they made a storage room at the back of the house but they dont want us to use it. do i have the privilege to use that storage room? (2) from time to time one of the nephew of the owner visited the house, is he allowed to enter the house and investigate the looks inside the house we were renting? (3) this happens recently, the owner of the house visited us (shes from the US), she saw the back with many this commonly known as “tambak na gamit” and told me not to put some things at the back. i want to reason her that there is no place to put my things because we have no storage room and they dont want us to use their storage room. what should i tell her? (4) and lastly, are they allowed to stay here in the house for a couple of days because they have their own room here?

    • http://www.foreclosurephilippines.com Jay Castillo

      Hi Icon, I believe there is a problem with your agreement, it seems what was written is not being honored. Of course, as tenants, I believe you have a right to privacy, etc. You can always reason and talk with your landlady and explain that you also need storage for your things. If they will use the room excluded in the contract, I believe they have the right to do so.

  • Xian

    Hi Jay

    have question here cause we’ve affected of flooding during Habagat, flood remains for almost two months we did inform our lessor that we will evacuate immediately due to hazards of staying their but can we still refund our security deposit,, she insisted soo to return our deposit because of the contract we signed we can’t consume our deposit to stay their and risk our safety, but she insisted to return our security deposit we even bargain our lessor to return atleast half of our deposit, but she stands not to return it, is their a law that tell a contract to be terminated due to flooding or force majeure
    Thanks

    • http://www.foreclosurephilippines.com Jay Castillo

      Hi Xian, what does the contract say about the conditions where the deposit can be returned? I believe there is no law that specifically says a lease agreement can be terminated due to force majeure, this has to be explicitly stated in the contract.

  • Jay

    Hi,
    I want to move into a condo unit right now but the owners insists on 2 advanced +2 deposit. I told them about this law but they didn’t care and still stands on the 2/2 deal. Worse is, now they want to include 12%VAT Is there anything I can possibly do about it and still rent the unit with peace?

    • http://www.foreclosurephilippines.com Jay Castillo

      Hi Jay, their condo might not be covered by this law if their rent is above Php10k/month. How much is the monthly rent?

  • RODRIGO

    Good day po! Kailan pa ba nagte take effect ang rent? Upon payment of advance and deposit or upon occupancy? Nagbigay po kasi ako ng 2 months advance and deposit on the 3rd week of March but we occupy the house on April 11 dahil may mga inayos pa.
    We paid our rentasl beginning May up to August. On August 31 we were asked to vacate the premises as soon as possible dahil gagawin daw pong garahe para sa new car niya. But sinisingil pa kami ng Landlord namin ng 5,000 pesos for the month of March gayong April na kami nag-occupy. Ano po ba ang tama? Please advise.Thanks and God bless.

    • http://www.foreclosurephilippines.com Jay Castillo

      Hi Rodrigo, it would really depend on how your lease contract was written. The contract normally states when the lease started, regardless of when you moved-in…

  • meiji

    Good PM! I would like to ask if we can still get the half our payment to this room that we are renting we only used 8 days of staying and we also have an advance and deposit payment. We don’t have any contract neither he never let me sign in any receipt the time he gave the receipt for deposit he walk away as fast as he could then as we read the receipt he wrote the deposit will be consumable with in 8 months. The first time we talked he never said it, just in the receipt that we don’t have any agreement. Another one do the owner of the house has the right to open the rooms when the tenants is not around and when they are angry they used to scold,degrade us and threatened us that He will throw our belongings outside His house. His care taker scold us and said malicious statement to our characters though they don’t really know us and she knows everything she is telling is all untrue. What can you advise on our part?

  • http://yahoo tats

    gud day can anybody advise me regarding the two months deposit on renting, it can be withdraw? , when we are going to vacate the premises , is it on the new rental law
    or it is an owner option to return the 2 months deposit .,I am planning to vacate the place, I paid all my remaining bills, elect. water, and rent, but the owner refuse to return my deposit, he want me to use my 2 months deposit instead. we dont have any written agreement and contract. any help regarding this is highly appreciated. thank you./// Mr. Tony R

  • http://www.google.com joy

    gud pm….tanong q lng po sana kung pwd po kya un n bgla nlang kmi pnapa.alis sa apartment n inuupahan namin kht wala namang closure sa brgy ung usapan n hangang 6mos nlang kmi…….actually atty po ang may.ari nun at kung 22usin squater po ang lugar namin……tapos pinuntahan po ang mama sa bahay ng may.ari khit cnabi q n po n d pwd kausapin kc 170/90mmHg ang dugo nya….so para hndi lumala ung nararamdaman nya nkipg.areglo po xa at sinulat ng chairman sa kapirasong papel n by dec 2012 alis n kmi sa apartment n un…anu po b ang pwd naming magawa nun ei ala p nmn kmi malipataN……SANA PO MBGYAN KASAGUTAN PO ANG BAGAYBAGAY N GUMUGULO SA AMIN..TNX PO HNTYIN Q PO ANG SAGOT NYO..

  • Lorie

    Hi Sir,

    I would like to ask you about my problem. I rent one of stall and I have one month advance and two months deposit. In my contract they said I can’t refund my 3 months but I can use. Now the problem is I need to vacant that stall for reason I need to move at Cavite because my house is already done. I use one month for my rent and I have two months left they said I can refund because that is in our contract. That is true if I will leave that stall I can get my two months deposit? Please advice me sir.. Thanks

    • Rico Mercado

      Hi to all,

      Is this RA 9653 is applicable for Commercial Units? If not, do we have any laws as our guidelines as a renter of Commercial Units?

      Thanks,

      Rico

  • Helen

    Can rentals below p10k be increased every year? or increase can only apply after Dec 2013?
    Thanks!

  • Gigi

    Dear Jay,

    I am currently renting an apartment with Php 8,500 monthly rent for a year already. I received our Lease Conract renewal yesterday since we are near the end of our 1-year conract. But in this renewal contract it stated there that they are asking for 10% escalation rate upon signing. They did not include this information in the first year Contract (as Im assuming of course they wouldn’t do) I would just like to know if what they’re doing is legal? Or, can I show them this particular Article on Rent Control Act before signing?
    Hoping for your advice soon.

    Thanks-Gigi

  • Lj

    hi, Jay!

    What happens if the landlady doesn’t issue any OR? I’ve been renting this house for 3yrs now and the landlady only issues receipts that you can buy from the bookstore.

  • cez sampang

    Magandang araw po, hingi lng po sana ako ng advice, were renting commercial studio type her in Pasig in the amount of 5,500, and then pumunta po d2 ung katiwala ng may ari at sinabi po samin na mag increased daw po ung renta tanong ko lang po pwede po ba un na agad- agad na mag taas? at Kailan po ba dapat mag taas ng rent ? kc po biglaan nman ung pagtaas nya,eh masungit po ng konti ung landlady nmin,lagi po nyang sinasabi kung ayaw mo umalis ka d2 s apartment ko.thanks po sana masagot po ung katanungan ko .

  • Faith Tolentino

    Hi,

    this site is very helpful.

    Ang tanong ko nagadvance ako ng 10k for an apartmetn in less than a year umalis ako at nagamit ko yung 5k na advance. ngayon kukunin ko na yung 5k ang binabalik na lang ng landlady ay 2800 dahil daw may “cleaning fee na 1000″ at “notarize fee of 500″. Wala sa contract namin ang “Cleaning fee of 1000″ at pati yung pa notaryo ng contract. Supposedly ang dapat na less lang sa 5k na naiwan ko ay yung 600 na bills ko for utilities. Tapos sa contract copy ko walang beginning at end date pero sa copy nila meron na. Sana po matulungan niyo kung ano ang askyon na dapat kong gawin. Thank you.

  • riza

    Magandang araw! Isaguni ko lang po ang problema namin. LAst Nov. 7, 2011 nagrent po kami ng space sa isang building for our business. We pay 2 months advance in cash form and check for 3months deposit.They only gave us OR. Contract will be given next monday daw.  Unfortunately nagkaroon po kami ng problema and we settle to withdraw it last Nov. 10. 2011. Kinausap namin sila and we both agree to deduct our damages made. We follow up many times but they refuse to settle the amount to be returned and make excuses. So we wait. Last Dec. 15 they talk to us and said that the cheque is no longer to their custody but they will make action to trace where is the cheque. About the cash we paid, They say that they will return only half of the amount which is equivalent to 1 month rental fee. So its okay with us.. They promise to give it next tuesday in form of cheque. But unfortunately until this date… hindi pa po nila binibigay ang cheque and also they say they can no longer trace the cheque we give them. Imposible naman po na di nila matrace un, since they have books and record of all the cash flow. We are losing our patience and want to seek legal advise. Fortunately, i found your blog and hoping u could help me sir. Thank you very much in advance. 

  • toni

    hello po, tanong lang po.is it legal na taasan po ang renta namin ng 10% every year?hindi po kami pumirma sa huling contrata kasi po parang napakalaki naman ng increase nila. wala naman po silang ni rerepair sa bahay nila..huli po namaing usap ng landlord namin e mag tataas nanaman daw po ngaung taon ng another 10%. please help us undertsnad the law abt house rental….please email me at odi.asia maraming salamat po!
     

    • http://www.livingcashflow101.com/ Ronald Cagape

      Covered ba ung unit ninyo ng rent control? Covered kayo kung less than 10k ang inyong rent. 7% lang ang pwedeng increase per year.

  • Rapit0y1

    Commercial Rent Problem. I have a problem with our lessor, instead of renewing our lease contract, they opted to make it a new contract. Along with the new contract is the 10% increase in monthly rent, they are also asking for me to increase the deposit of 4 months + 10%. This is the first time I have encountered a lessor like this. Is this even legal? We are old lessee, is there a law that prevents abusive lessors?

  • edmerhilado

    pls help me to sittle the rent of electrical company post in our land and also tha water pipe of the water company in our place.they just have a free rent but we pay to them our monthly bills in both pf there company…

  • edmerhilado

    gusto kong singilin ang water district at electric corp kasi naka tayo ang poste nila at ang mga linya ng pipe nila sa aming lupa. pwedi po ba yun?

  • ahoy

    ayaw ko na pong i-renew contract ng rent namin sa house. ang nasa contract namin eh non-refundable yung advance pero la nmn  nakasaad na non consummable daw ang deposit namin at yun yung ini insist nya… pwede po ba yun?

  • pixelworks

    how about laws on commercial space for rent? meron po ba? thank you

  • Xewphil

    Hello, i have a question, i am renting a studio type apartment in Makati area, actually our water bill is quite high for our consumption, because of this we contacted and asked the contact person of the building where we are renting. She told us that that includes utilities for the guards, but before she never told us about that. and also is it right for them to change the computation of the “WATER BILL” just to compensate for their expenditures (we only have a sub water meter). Isn’t it better to have a separate bill for utilities of the guards?? Is it right for them to do a computation like that without informing us before also MAYBE manipulating our water bill? tnx.

  • Jayson Paas

    Nag-aapply din po ba to sa mga landlords or landladies na hindi maibalik ang remaining balance sa renta? hindi ko po kasi makuha yun balance ko at ayaw nila ibalik ng walang dahilan…. Please help me.

  • Carmieteves

    hi jay  thank you 

    • http://www.foreclosurephilippines.com Jay Castillo

      You’re welcome Carmie. :-)

  • Richard

    I let two Koreans to rent my apartment, we don’t have paper contract, But we have oral contract that they will live here for 3months, I got one month deposit and one month advance, but they just stayed here for 10 days and they want to leave because they found another house, what should I do with the money?thank you

    • http://www.manilenio.co.cc jon

      What should you do with the money? Will it help if I send you my bank account so you can deposit it?

      Seriously though, I think you should ask the Koreans instead. I think it’s fair to keep one month’s worth of rent, and just return the 1 month deposit. It’s not your fault they want to leave, right? But if you feel it’s unfair to charge them a month’s rent for 10 days stay, then pro-rate the rent instead and return the rest.

  • cherry buenaventura

    gud day sir,

    hingi lng po sna ng advice,were renting aprtmnt her in taguig in d amount of 2,500,nw pmunta po d2 ung ktiwala ng may ari at sinabi po smin n mg increased dw po ung renta d2 s apprtmnt mgiging 3,000 n dw po ok lng pb un? kc po biglaan nmn ung pgtataas nya,eh masungit po ng konti ung landlady nmin,lgi po nyang sinasabi kung ayaw mo umalis ka d2 s apprtmnt ko.nag print npo ako ng republic act 9653 pra ipakita kpo s knya,ano pb ung pwede nming gwin.thnk u po s response!

  • LacosteUSA

    I am contemplating to buy a bank foreclose property but there is an existing tenant. It seems the tenant wouldn’t vacate the property. In case I pursue buying it, is there a way to evict the tenant from the property? What are the legal process needed? I always hear that it is difficult to removed the tenants from a foreclosed property. I hope you could give some inputs.

  • soberano

    We are living in one of our Uncle’s Apartments for 10 years now (FREE, no rent being paid). He is now asking us to vacate the premise since his son is going to use it. Is three months advance noticed applicable?

    • Marcy

      Mr. Soberano,
      If I were you, I would find it in my heart to look for a place to transfer ASAP. Nakakahiya naman sa tiyuhin ninyo kung hihingi pa kayo ng 3 months notice. Pinatira na nga kayo ng libre tapos hihirit ka pa. Hanap na agad ng lilipatan…. NOW NA!!!

    • roadrunners

      hindi ba kakapalan ng mukha yun? libre stay nyo sa apartment tapos gusto nyong mag-avail pa ng rent control law? libre na may sukli pa? try mo kayang simulan sa ganitong lines – “Tito, maraming salamat po sa free stay for 10yrs, cge po hahanap na po kami ng malilipatan”.

  • http://www.foreclosurephilippines.com Jay Castillo

    Hello everyone, thank you for the comments. However, if you are seeking legal advice, we cannot provide such, this is already beyond us.

    If you want, you can still try to get free legal advice on this forum that I found: http://www.pinoylawyer.org/t5116-seek-legal-advice-asap-contract-of-lease

    Please take note of the forum owner’s warning and disclaimer which I have pasted below and is similar to our own disclaimer.

    “Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.”

    Thank you for understanding.

  • http://www.facebook.com jester de vera

    sir. pano po kapag hindi pa naman tapos ung 3 months tapos sila pa ung maaangas at pinag mumura pa kame. tapos nang aaway pa. tama po ba yun sa sarile pa nameng bahay. hindi nanga po sila nakaka bayad tapos ganun pa sila. anu po ba ung dapat gawin. may LAW po ba para mag paalis sa bahay. kapag abuso at nangbabastos na sila? kailangan po ng agarang pag sagot. MARAMING SALAMAT PO

  • Lexy

    Hello! I am in dire need of help regarding with our rental conditions. I am renting an apartment unit here around Malate with my sisters and my friends. I just want to know if there is a law here in our country for landlords who does not issue official receipts to their tenants and what are the penalties for this? They are just giving us receipts than can buy at bookstore. On the other hand, we don’t receive an official reading of our water bill. They are just simply issuing us a small piece of paper with the caretaker’s handwritten of water bill. It’s also questionable because it always drops on 1,400+ pesos, as if there’s an exact amount due of water bill every month. Now, we conclude that we don’t have our own water meter unlike they told us before. Please email me for this essential matter thank you very much!

  • Ruth

    Hi Jay,

    Just wanted your opinion about this particular scenario. A hardware business rented the lot next to us containing a house which they have converted into a store. For some personal The owner decided to sever the contract with the original contract and inquired the intentions of the new renter. The owner and renter were not in agreement so the owner told the renter that he has 60 days to vacate the premises. They have moved most of their stuff off the property but a day after the given 60 days, his people were still there. We finally have to tell them that they still own the last month rent and to leave the area since we will be putting the padlock there. They left behind a delivery motorcycle with a sidecar and few hardware materials. Can we sell these in lieu of rent? How long should we wait until we can legally dispose of the property as new renter is about to come on board. Thank you for your assistance in advance.

  • Darwin

    Good Day Sir,

    nangungupahan po kmi sa provicial city worth 5thou monthly. tanong ko lang po about sa maintenance. madami n pong loose paints yung loob ng apartment at faded n rin yung paints tapos may mga leaks na rin sa wall and kisame. sinabihan ko na po yung owner na ayusin pati repaint pero wala daw silang time. then, sinabi ko na ako na lang magpapaayos tapos ibawas na lang sa rent yung expenses pero ang sagot po nila hindi daw pwede yun. ano po ba ang rights ko dito?

  • http://www.foreclosurephilippines.com/2009/09/republic-act-ra-no-9653-rent-control-act-of-2009-full-text-copy.html#respond Gatlabayan, Aquito Jim G.

    ask ko lng po., dun sa penalties., kasi ung tennant ko po eh 8 months na po un utang., anu po dapat kong gawin??

  • lyn

    Hi po, i need your advice po, kasi hindi na po ako tutloy sa kinuha kung apartment pero nakapagbigay na po ako ng deposit na 10k, balak ko sanang kunin pero ayaw ibalik sa akin ng landlady, wala pa naman kaming contrata na pinirmahan kasi di pa naman po ako nakakapaglipat. Sinasabi nya po reservation un eh may reservation po ba na mas mataas pa ang presyo sa rental ng apartment? 8k per month ang rental ng apartment na iyon ang naigigay ko sa kanya ay 10,000 php. Ano po dapat gawin ko. thanks hope to hear from u soon

  • lyn

    hi po. I need your advice po kasi po balak ko mag back out sa nakuha kung apartment. Nakapagbigay na po ako ng 10,000 deposit ayaw na po ng owner ng apartment ibalik. Wala pa po akong pinirmahan na kontrata sa kanya. At isa pa po ang inilagay nya sa resibi po ay reservation daw ung 10,000 na binigay ko ang rental fee lang po sa apartment na un ay 8 thousand per month. Ano po gagawin ko para makuha ko ang perang naibigay ko sa kanya. Di pa naman po ako nakakalipat doon.

  • https://www.facebook.com/anna.saplad Anna Saplad

    Hi good evening, I badly need your help, i hope you can give me an advice. Kasi nagrent po ako na may 1 year contract. Nakastate po sa contract na ang 1 month deposit and 1 month security deposit ay non-refundable kng hindi matatapos ang 1 year. But wala pong nkasulat don na ‘non-consumable’. Ngayon po nagpaalam ako sa kanila na iko-consume ko yong 1 month advance and 1 month deposit, at snabi ko n ang one month security deposit ay saka ko na kukunin after ng stay ko or after madeduct yong mga bills ko. But ang sabi lang sa akin na since hindi ko matapos yong 1 year contract ay hindi ko rin daw maconsume yong 1 month deposit…ano po ang dapat kong gawin dito? Makatarungan ba talaga to?

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  • edelizamay

    good am mr castillo, I would like to ask if my situation can pursue to a trial court with a high chance to fight for it. I have a contact for 2 years in a 1 unit commercial building costing 10,000 per month. however, my business started at september 22,2010 because the Unit is still under construction from the month of May, June July and early weeks of august… we started the business at september 22,2010 but the lessee wants to less my cash advance for the month of august, i diddn’t refused and i also agreed. they start lessing my 50,000 cash advance from august 22, 2010 to december 22, 2010.. I started to pay in cash basis from january 22, 2011 – April, 2011. After that i failed to pay the following wich is May 22. since that day they are harrasain us to leave the place,because we don’t have any deposit and the 50,000 already consumed. but the problem is the keep insisting that if we leave, our payables left will be cost 20,000 pesos. I believe, I only did not pay from may 22 so this coming june 22, 2011, my payble will only cost for 10,000 pesos. and when we are on the barangay,she is now adding my payables,

    from the month of May, June, july of 2010 (the months that we start to construct the place , because we help her to finished the unit thats why I have 50,000 cash advance)

    and

    demanding for 20,000 pesos… 2 months delay for the month of April22 to May 22 and May,22 to june 22 OF 2011..

    if you review from the above statement, from the agreed month, august 22 – december 22 of 2010 they terminated my 50,000 pesos…
    thats why i gave her 10,000 cash monthly starts from january 22 up to aprill 22. I only failed to pay on may 22. Mr. castilo what can u say about my situation? thanks

    • edelizamay

      sorry i stand correcte, i am the leasee and the owner is the lessor.. ^ ^

  • Suzette Espiritu

    I hope that you can help us out. We are renting a house at Paranaque for p10,000 since 2009. The contract was for a year but had not renewed. We were asked to give 2 mos advance and 1 mo deposit. The 1 month then, I found out was for commission to those who referred the house to us. But last year, we were not able to pay so we consumed the 1 mo. 2 weeks ago, I was texted by lessor that we have to find another house for the reason that we have many dogs and she said I ddn’t inform her. I told her, right at the time I inquired this house, I already informed her I have dogs, and she said it’s ok. Now, after almost 3 years, she will reason out this. Besides, she said her son will also use this for personal reasons. My business is a canteen right before this subd and it will be very difficult for me to also transfer as we have no house helper and will spend another 2 mos adv and 1 mo deposit. That is very expensive as I am only earning from this canteen. And if the dogs as 1 of the reason, there is no prohibition on the law about this. I am paying in time and has 1 mo deposit unconsumed. So if there are anything destroyed, that can be offset from the deposit. How can we also restrict them from getting another tenant, as per law, they are not supposed to lease within the year upon vacancy. I know that the lessor is just giving alibis so she can increase rent once we vacate and get another series of advances should there be new tenant here. How can I get legal protection also? We are also looking for a house, but definitely not too soon as I have to save for another series of deposits. I cannot get such amount too soon.

    Please help us out.

    Thanks.Suzette

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  • sheryl santos

    just like to ask, who is responsible for the repairs of the apartment , is it the tenant or the owner? coz our units and three others already need a repair, one of the tenant already raised the concern to our landlady , and she said that the tenants should shoulder all repairs and if she will be shouldering the repair then the tenants should vacate the unit and she will just look for another tenant. need your help about this.

    thank you.

  • Jeremy

    Good Day! We are looking for some legal advice or articles with regards to the Rent Control Law then suddenly end up here in your page, and i was to admit that your post is really helpful. Just got an idea about my rights as a Lessee or Renter. This is how the story goes, we are renting an apartment somewhere here in Parañaque for almost 4 yrs. and to be honest, of course there are times that we were not able to pay the bills or the house rent on the exact due date, but of course we are asking for their kind consideration about that matters and promise to pay the bills before a month. Yesterday we just got a notice from the owner saying that we have to find another house to move-in to and the reason behind this was because of the late payment, they are forcing us to move-out on their premise within 15 days, and of course for being a simple person who’s earning is just hundred above the minimum rate, it will be very difficult for us to have enough money to pay for the new house that we will be renting, and its true! its none of their business anymore, but as far as i believe they should give us atleast 3months before forcing us to move-out from their premise. Now, the real deal is. . . i am not quite sure if this apartment is really registered or licensed? they dont even have a fire exit and fire extinguisher and when its past 12am the gate is already locked! they dont even giving us a duplicate key so in short, when its 12am we were all a prisoners on the said premise, but i heard rumors that they are just prioritizing tenants who are able to pay bills in advance or on time. Im thinking to ask for some legal advice on what should we do and to know our rights as a renter as well, from our Barangay or City Hall, but here in Parañaque this family is well known, they do have influences, connection to big people (specially in CITY HALL) that’s why im a thinking twice to do a step because of this. Hope you can gimme a helpful advice with regards to this matter and what should i do to fight for my rights. Hoping for you immediate response Mr. Jay Castillo.

  • Chris

    Hello po….
    patulong naman po.

    Ganito po kasi yung nangyari…
    Nag rent kami ng Bhouz ng kapatid ko, kaming dalwa sa isang kwarto. P2,400 per month then nag pa 1 month deposit ang may ari.
    Ang bhouz po actually is sobrang init kasi walang ventilation, tas may bakery pa ng may-ari directly sa baba plus maiingay pa ang mga workers nya so basically di namin nagustuhan ang place sa 1st month kaya ng plan kaming umalis at lumipat.
    Nagpaalam naman po kami na lilipat at sabi ng may – ari, ibibigay daw yung deposit pag umalis daw kami.
    Ngayon po eto po ang naging problema, ayaw po ibigay ang deposit ng may ari ngayong wala na kami dun kasi lumipat na kami sa ibang boarding house.
    Ang sabi po ng may -ari, wala daw syang ibibigay kasi more than one instance daw nakitulog at nakiligo ang friend ng kapatid ko sa bhouse / kwarto namin.

    Tulong naman po…parang sobrang laki naman ng P2,400 para lang dun.

    We need advice po kasi 1st time po naman nag boarding house.

    Salamat po sa pag reply… or please paki email po ako sa crimsondawn24@gmail.com

  • melba tan

    Hello po may karapatan po ba ang MAY ARI na kuhanin o pasukin ang inuupahan ko at nag inventory sila ng MAY ARI AT TAUHAN ng barangay na wala ako. Ang isinulat lang niya ay iilan lang ang marami na tulad ng mga gamit sa parlor lahat ay ni wala kahit isa. kasi po noon una libre daw ang kabila doon ko daw ilagay ang gamit din noon di ako nag agree sa gusto niya na sa kanya pangalan ilagay sa business permit eh noon di ako pumayag doon na po siningil na niya ako at di ko ngah makuha ang gamit kasi noong una 12k lang utang ko din noong nagkita kami ulit sa barangay naging 30k na. Din sinabi ko bakit yon lang nakasulat sabi niya wala akong mga gamit eh nakita po ng mga kapitbahay at yong naging cutomer ko sa parlor sila po nagpapatunay. At pababayaran niya sa akin ang 30k pero kung ano lang sinulat nya ay yon lang makuha ko. Hindi naman tama yon magbayad ako ng 30k tapos ang ibang gamit lalo na ang pagkakitaan ko na pangparlor ay hindi niya ibigay.
    Pinasok po niya ang inuupahan ko na wala ako at pinadlock na walang pasabi man lang. Ano po ang maikakaso ko sa kanya kung sakali magdemanda ako at may laban po ba ako sa gagawin kung pagsampa. Please i need help.

  • melba tan

    Hello po may karapatan po ba na kuhanin o pasukin ang inuupahan ko at nag inventory ssila ng barangay na wala ako. Ang isinulat lang niya ay iilan lang ang marami na tulad ng mga gamit sa parlor lahat ay ni wala kahit isa. kasi po noon una libre daw ang kabila doon ko daw ilagay ang gamit din noon di ako nag agree sa gusto niya na sa kanya pangalan ilagay sa business permit eh noon di ako pumayag doon na po siningil na niya ako at di ko ngah makuha ang gamit kasi noong una 12k lang utang ko din noong nagkita kami ulit sa barangay naging 30k na. Din sinabi ko bakit yon lang nakasulat sabi niya wala akong mga gamit eh nakita po ng mga kapitbahay at yong naging cutomer ko sa parlor sila po nagpapatunay. At pababayaran niya sa akin ang 30k pero kung ano lang sinulat nya ay yon lang makuha ko. Hindi naman tama yon magbayad ako ng 30k tapos ang ibang gamit lalo na ang pagkakitaan ko na pangparlor ay hindi niya ibigay.
    Pinasok po niya ang inuupahan ko na wala ako at pinadlock na walang pasabi man lang. Ano po ang maikakaso ko sa kanya kung sakali magdemanda ako at may laban po ba ako sa gagawin kung pagsampa. Please i need help.

  • janics

    hi jay!

    i just want to ask some few question, we have this landlady here in quezon city, we rented it for only a month (transient) since were just going to process our papers going abroad.. she has an advertisement in website stated that transient room for rent with aircon, (which i thot na kasama na sa rental fee) as far as i know and as far as there is an existing contract, it is a residential house for rent and she’s asking us to pay the monthly electricity for commercial rent which is 15.00 per kilo watt hr., na wala sa contract at iniinsist nya na cnbi nya yon verbaly,. sobrng daming hidden charges including sa wifi na 500 na lagi nyang pinapatay..please help..thank you

  • abby

    hi jay,
    i went through this rent laws and alas i ran through yours and i appreciate how helpful you could be. thanks much. i want to ask something because i wanted to know if my lessor could just increase the rent of the condo unit i’m staying on a yearly basis to a 10% as stated in the contract. i rented the unit beginning april 2007 at 14,000 per month. now, i am renting the place at 17,000 per month and upon renewal this coming april, it’s suggesting an increase again. i would like to write the lessor a letter if he could just not increase this year but i want to attach some legal basis to it. Also, there are some major repairs to be done in my unit and left undone to this date. is there something i could indicate in my letter about this. please, send me your reply at niue_10@yahoo.com if it’s not much to ask. i don’t know how to follow you on this site, i’m not much of a techie. thank you so much and more power.

  • John

    I would like to ask if we are going to transfer to another boarding house and we ask the owner to get back the 1 month advance we had paid yet we have no agreement, can we still have our money back?

    We had paid the 2 months advance and we decided to transfer on the following month prior to the deadline, can we have still rights to get our money back?

  • http://www.yucains21480@yahoo.com erick

    hi..what if the the lessor needs his property for their family purposes,and we are renting it for almost 8 years and paying it without delay..how long can be given to us to stay in that property?

  • Lee

    Is there a law that protects tenants from Landlords who insists that the tenants have to repaint the entire apartment before they move out.

    We, the tenants have been renting at this apartment for a few years. The paint over time has gotten old and there are some marks from the sofa that is against it.

  • Francis

    Hello,

    If there is no period stated in the contract,
    is it presumed that the conract is effective /valid for one year?

  • Lee

    Hi, I am currently renting an apartment in the Metromanila area. According to the rent control act, it states that the yearly 7% restriction on rent increase is only applicable to housing that is below the TEN THOUSAND. My current rent is 12000/month.

    My landlord is seeking to increase it by 15% when the contract ends this December. Are there any laws that prevents such drastic increases?

    Please advice.

  • alecks b. gapit

    is it legal for the landlord to eject a tenant even i’m fully paid in rentals?

  • alecks b. gapit

    where can i find the copy of house rental law

  • alecks b. gapit

    my landlord just write on a piece of paper stating that she reeived from me a certain amount as my monthly rentals on her apartment.is it legal?

  • alecks b. gapit

    hindi po nag-issue ng official receipt ang landlord ko sa rent ng bahay nya

  • http://yahoo alecks b. gapit

    dear jay,

    i am renting an apartment rowhouse here in cavite for 6 months now. i received an sms from the owner that she has found a buyer of the house and inform me that the place should be vacated. i am asking her if we could extend our rent until the end of the year, but she told me that i need to pay again a one month deposit and advance so i can retain the house. i’ve paid her a one month advance and deposit payment of 5,000 pesos. is it in the housing law that i should give another 5,000 pesos as an advance and deposit again? please help. she doesnt give an O.R. for every monthly payment. is it legal?

    yours trully,

    alecks

  • http://none Jay V.

    Hi po, Meron po bang maximum ceiling or how many years lang sila pwedeng mag increase?

    Many thanks>jay v

  • http://blackcap18@yahoo.com Paul

    Im renting a 11,000 pesos monthly apartment. Correct me if im wrong, so I assume im excluded of this ACT.

    QUESTION: does it mean that the lessor can increase my rent for more than 7% annually?

    Since this ACT covers only for residential rents of upto 10,000 pesos.

    Please advise

    Thank you

  • nina buela

    meron po ba RA for commercial spaces rented?????
    ang bilis mag increase eh!!

    • http://www.foreclosurephilippines.com Jay

      Hi Nina, as far as I know, free for all ang commercial spaces. In my opinion, hindi rin naman basta basta pwede mag taas ng rent kahit commercial space kasi yung tenent pwedeng lumipat sa mas reasonable na space, provided ideal din yung lilipatan, at siyempre hindi naman basta basta pwedeng lumipat, pwede lang yan pag mag expire na ang lease contract.

  • http://www.kleinski.tk Klein

    Salamat po sa pag post ng mahalagang impormasyon na ito. Nais ko lang po sanang magtananong na kung wala po bang Permit to Operate ang tinitirhan namin na boarding house. Ano po ba ang mga legal na hakbang na pwede naming gawin ? Gusto ko lang po na makasiguro kung sa B.I.R ba dapat kami sumangguni o sa anong ahensya ba ng gobyerno kami dapat pumunta ?

  • Rea Santos

    Hello po.
    Ano po ba ang legal “expiry of lease contract” kung wala pong contract in place? Considered “open-ended” po ba ito? Monthly? O Yearly?
    Salamat po in-advance sa sasagot nito.
    Rea

  • jenniffer villegas

    hi poe..
    meron poe ako problema tungkol poe sa inupahan naming bahay, bayad naman poe kmi lagi sknya ng renta poe namin pero lagi poe kmi advance… eto pong last payment namin advance poe ako ng 2 months deposit…. simula poe nag march 20 poe… tapos ngayong may 20 poe sinabihan poe kmi n umalis n poe kmi ng katapusan ng june.. kasi daw poe sisirain n poe nila ung bahay.. at gagawing garahe.. tapos poe sabi ko poe sa landlady poe namin na hindi ko na lng poe aantayin ung june katapusan at lilipat n poe kmi agad… gus2 ko poe makuha ung kabuuan ng pera na diniposito ko poe.. kasi poe hindi ko pa poe nagagamit ung 2 buwang advance ko poe.. pero sabi ko poe sa kanila akom poe ang magbabayad ng bills.. para ala poe sila problema.. tapos ngayon poe ehh ayaw nila ibigay skin ung pera na kinukuha ko poe.. at pinagbabayad pa poe kmi ng pag stay namin sa bahay nag ilang araw bago kmi lumipat.. ano poe ang dapat ko poeng gawin d2??.. paki advaise naman poe ako.. tungkol d2 poe isuue n ito.. tnx poe at more power…

    jenniffer…

  • http://google norman

    hi jay,

    Hi! I have a problem regarding on my boarding house here in malibay. I want to used my 1month deposit because i am leaving the country but the problem is our land lady told me that the 1month deposit is not refundable and non consumable i was shocked when she told me. she gave me a receipt before indicating that the 1month advance is consumable and non refundable and the 1month deposit is not refundable and non consumable, it was a misunderstanding because i thought that the 1month deposit is refundable and consumable becasue that’s the usual. . Do I have legal claim on my problem? Can my land lady agree to consume my 1month deposit? we don’t we any contract except the receipt she gave me.

  • JUDITH

    HI,

    NEED AN ADV FOR MY CONCERN…. MY LANDLADY GAVE ME A NOTIFICATION THAT I HAVE TO LEAVE THE PREMISES BY JULY 30,2010….. THE “CONTRACT” ENDS BY THEN. I ALREADY USED MY ADVANCE ON RENTAL BEC RECENTLY I AM HAVING A HARDTIME ON MY FINANCIALS DUE TO SICKNESS… I BELIEVE THAT I HAVENT USED MY DEPOSIT FOR A MONTH BUT SHE SAYS THAT I ALREADY DID…. SHE’S NOT GIVING ME AN OR THAT’S WHY I DONT HAVE ANY PROOF OF THAT…. MY CONCERN IS THAT IT IS ALSO USED FOR BUSINESS (INTERNET SHOP) AND ITS NOT EASY TO VACATE AND SET-UP TO ANOTHER PLACE SINCE I DONT HAVE THE RESOURCES AS OF THE MOMENT… THANKS

    • roadrunners

      1st, you are wrong about NOT asking for OR for each payment, thus, you will never prove anything

      2nd, you can just play hardball if you have the upperhand and your stomach can take it. what im trying to say is if the owner cant cut your electric and water line, you can stay up to 3 months by just telling her u cant pay. but be sure that you are ready by the 3rd month. Well, that is just one part of the story. Your guts must be able to take the harassment they will bring you, may it be mental or physical

  • Jamilla

    Hi,

    I hope you can help me with this..
    In the last sentence of Section 9, (c) , prohibiting the owner to lease the unit to a third party (not relatives right?) for 1 year, is it effective automatically? If we go to the barangay for example, or does it need to have a court order issued for it to be effective?

    Thanks.

    • MyDearAchi

      Hi Jamilla,
      To my opinion, Sec 9 protects the tenant against unlawful act of the Lessor and it is effective immediately. No court order is needed. Without Sec 9, Lessors can freely eject tenants and “re-rent” to a new Lessee for higher amount.
      Hope this helps. :)

  • Nina

    The only update on the rental law is the 2009 RENTAL LAW and it states that rentals can increase at no more than 7 percent per year.

  • Rosita Nicolas

    Hi Jay. I just want to know if there is a new rental law for 2010 about increasing the rent for 15%. Because are landlady was asking for a 15% increase to our rent. Thanks.

    • icysunitz

      Hi rosita,

      The 2009 rent law is valid until Dec 31, 2013, so all the provisions therein shall remain so until the expiration date. However, please bear in mind that the law covers residential lease with monthly rent of not more than p10,000 (in NCR and HUC) and not more than P5,000 in other areas. So if your monthly rental is more than the ceiling provided, then your lease contract is not covered by this law. =)

  • MaanC

    How do you declare income from rental on your income tax return?

  • MaanC

    How do you file income tax return for income from rent?

  • Acebert

    HI I WOULD LIKE TO INQUIRE IF THE LANDLORDS FOR A LEASED PROPERTY WERE REQUIRED FOR THE FOLLOWINGS:

    1.PERMIT TO OPERATE LEASSING BUSSINESS
    2.REGISTRATION WITH BIR
    3.ISSUANCE OF OFFICIAL RECEIPT
    4.CERTIFICATE FROM BUREAU OF FIRE PROTECTION(BASED ON FIRE PROTECTION CODE)

    IF, YES, IS THERE ANY LEGAL RIGHTS A TENANT HAVE, TO DEMAND THEIR LANDLORD TO PROVIDE THE NECESSARY DOCUMENT FOR SUCH BUSINESS?

  • Nina

    I have a tenant in my apartment whose contract is until December 31, 2010. Recently, she had issues on the water bill and she started calling me names and scandalized me in our apartment building. Is there any ground where I can cancel the contract? It’s giving me sleepless nights and stress on what she’s doing.

    Help.

  • Marga

    Hi,

    First of all, thank you for this reference. I would like to ask for your opinion regarding our landlady. She owns a three-storey apartment type building with six units and we are renting one of her 2-bdrm units for almost two years now. Our rental fee ever since was Php10,000. Now, just the other day, Mar 2, she sent us a “Notice of Increase”. She stated in that notice that she is increasing our monthly rental fee from Php10,000 to Php12,500 effective our next payment, Mar 6, which was just 3 days from the time the notice was received. Our contract will expire on May but she wants it effective ASAP. She also said she really wants to increase the rent to 12,500 which is why she is she is already informing us ahead of time. To top that, she also said that if we will renew, then the new rate will be 12,500 but if we will not renew, then she will push thru with the 25% increase effective Mar 6. Now, i just want to make sure if i really have the right to decline that increase up until we finish our contract on May, whether or not we renew. Thank you very much, God Bless!

    • http://www.manilenio.co.cc jon

      if you have a contract, my opinion is that she can’t increase mid-way. only on contract renewal may she increase the rent by 7% max. please consult a lawyer to make sure.

    • MyDearAchi

      Hi Marga,

      SEC. 5 of Republic Act No. 9653 states that 1.00 to 10,000.00 monthly rental is covered by this act.

      First, 10T monthly rental is covered by RA 9563 (see SEC 5.)
      Second, Rental increase should not be more than 7% (see SEC 4.) So the 2500 increase is 18% MORE than what is lawfully allowed.

      However, RA 9563 does not clearly state how soon can a Lessor effect the increase after advice (written or verbal?).

  • William

    Hi,
    I need advise on my case. My contact expired on Jan 8, 2010. I didnt realize that this RA 9653 exists. I just signed the new contract. Since 2006 our rent is being increased 10% annually. It was 5000 initially and for 2009 it was 6050 and now the new contract says 6655 and also the water and electicall bill they add more than 100% from the actuall cost. I am renting a studio type room here in cebu city. After signing the contract does this mean I am not entitled to this RA? or does the owner needs to do something on this. If not can i file something. I know the owner has a lot of connection since he is the owner of Indiana Aerospace University and a good ally of Sen Enrile.

    Please advise.

    thanks

    • http://www.manilenio.co.cc jon

      the law stipulates that lessors may only raise the rent a maximum of 7% annually for the same lessee. you may consult a lawyer to find out what your options are.

      • MyDearAchi

        Hi William,
        Remember that “ignorance of the law is not an excuse for punishment”. It is the Lessor’s responsibility to know and search about rental acts or laws. And no one is above the law :)

  • Ryan

    hi Jay,

    We are renting a house/computershop for barely 16 months now. our formal contract expired last August 2009 although verbal agreement still holds true and payments being made. Just recently, the owner inform us that we need to vacant the premise by July 2010, do i get any extra “free” months aside from my 1 month advance and 2 months deposit? i heard that i can avail a 4 months free of charge if the owner is force evicting due to personal reasons.

    • http://www.manilenio.co.cc jon

      please correct me if i’m wrong, but since you no longer have a contract, i believe the lessor need only to inform you at least 30 days in advance. it doesn’t matter what his reasons are. i have never heard of this 4 months free of charge if the owner if force evicting you.

      • MyDearAchi

        Hi Ryan,

        SEC. 9.(b), of Republic Act No. 9653 covers the ejectment reasons/conditions. First, it must be made clear to you WHY you are being asked to vacate the leased premise. That it, (1) Sub-lease (2) late payments (3) repossession (4) major repair. However, still subject to conditions.

        The RA does not mention anything about “four months” free on forceful eviction. 

        You are entitled to three months advance notice if your Lessor has justifiable reason for your eviction.

  • chona

    Hi Jay, I have problem of my tenant, She do things in my premises without informing me like concreting my backyard and ask me the 50% share of cost, kill my plants by cuting it, remove the plywood division and the worst thing is cut those 2 big trees in my front yard which i care for 9 years..Then Her rent always late and sometimes luck but pay it to the next month.
    We have no written contract or no O.R. of her payment coz i didnot issue,No proof that she rent my houase, is the 3 months notice to vacate is applicable to me? We only agre a short term lease or month to month basis verbally. THank hope you advise me

    • http://www.manilenio.co.cc jon

      you are definitely at a disadvantage here. i suggest having her sign a contract of lease ASAP.

  • Mai

    Hi! Has the IRR of the above been released? My contract is due to expire next month and I want to make sure whether the 7% increase limit will be applicable when I renew my contract. Thanks.

    • http://www.foreclosurephilippines.com Jay Castillo

      Hi Mai, unfortunately it has not yet been released. Don’t worry, I will surely post the IRR here once it comes out or at the very least post updates about it. Thanks for dropping by!

  • Ping

    hi. Thanks for the info on the Rent Control law. I have question though. My tenant”sontract have already expired. Rental amount is below ten thousand pesos. I also have another tenant whose rental amount is ten thousand pesos but if paid within the first 7 days of the month a discount of five hundred pesos is given. Do I fall under the rent control law? I would like to increase their rent already. When can I increase and upto how many percent.? Will wait for your reply. Thanks

    • http://www.foreclosurephilippines.com Jay Castillo

      Hi Ping, my opinion is your second tenant’s contract with you would fall under the rent control law if your contract indicates a monthly rent of 10K. If it were the other way around (monthly rent is 9.5K with penalty of 500pesos if payment is made after the first 7 days of the month, then I guess it would not be covered. I hope this makes sense. :-)

      • http://www.foreclosurephilippines.com/2009/09/republic-act-ra-no-9653-rent-control-act-of-2009-full-text-copy.html Serge

        With all due respect sir, under Sec. 5 of RA 9653, It also states there that it also covers monthly rates ranging from One Peso to Five Thousand Pesos in other areas aside from NCR and highly urbanized cities.

        • http://www.foreclosurephilippines.com Jay Castillo

          Hi Serge, I assumed the property is within NCR.

  • tuesday

    hi jay ! a lessee has not paid his rent since oct 15,2009 . he has no deposit left. i have given him notice to vacate by oct 30 but he’s refused to do so. at the barangay hearing he said he will vacate by nov. 30 but when asked for rental only says he has no money. what should i do so i can evict him lawfully. thx

    • http://www.foreclosurephilippines.com Jay Castillo

      Hi Tuesday, how about his 1 month advance? I suppose you can consume that. By the way, do you have a lease contract with him? I also notice your tenant has only has failed to pay 1 month of rent. Based on the law, one ground for ejection is as follows:

      (b) Arrears in payment of rent for a total of three (3) months: Provided, That in the case of refusal by the lessor to accept payment of the rent agreed upon, the lessee may either deposit, by way of consignation, the amount in court, or with the city or municipal treasurer, as the case may be, or barangay chairman, or in a bank in the name of and with notice to the lessor, within one (1) month after the refusal of the lessor to accept payment. The lessee shall thereafter deposit the rent within ten (10) days of every current month. Failure to deposit the rent for three (3) months shall constitute a ground for ejectment. The lessor, upon authority of the court in case of consignation or upon joint affidavit by him and the lessee to be submitted to the city or municipal treasurer or barangay chairman and to the bank where deposit was made, shall be allowed to withdraw the deposits;

      • http://www.manilenio.co.cc jon

        so in effect, the law provided that lessors ask for 1 month advance and 2 months deposit to cover the 3 months non-payment before eviction… if the lessee were to damage property or not pay electricity/water, etc., the lessor is left with the shorter end of the stick. that’s a bit unfortunate…

        • DearAchi

          Hi Jon,
          To my opinion, RA 9563 does not clearly state if the consumption of the 2mo+1mo payment should be included in the computation of late payment. So, therefore, in the case of late payment the computation could start BEFORE or AFTER the consumption of the 2mo+1mo payment.
          Hope this flaw is clarified soon. What do you think Mr Jay Castillo?

  • Christian

    Hi! I have a problem regarding on my boarding house here in sampaloc. I want to transfer to different boarding house that is near to our school but the problem is our land lady didn’t want to give my deposit(refund) i can’t consume it because of time. I spend a lot of money if I were there. Do I have legal claim on my problem? Can my land lady refund my deposit?

    • http://www.foreclosurephilippines.com Jay Castillo

      Hi Cristian, I believe it depends on the lease contract you have. If it says that that your deposit is not refundable in case you pre-terminate your contract, then you are not entitled to a refund for your deposit. May I know what’s written on the lease contract with regards to pre-termination?

  • Macy

    Hi, Jay! I just need advise. Do we have law which mandates that “all enhancements, repairs and upgrade made by a lessee in his rented apartment can be deducted from his monthly rent”? For instance, I would like to have my own water meter but the owner of the apartment does not want to deduct the expense from my monthly rent. Also, I spent more than P 5,000.00 in re-painting the whole unit and the owner did not even share any in the cost. Do I have legal claim on these?

    • http://www.foreclosurephilippines.com Jay Castillo

      Hi Macy, I believe there is no law which mandates this but I suppose it can be incorporated into the lease contract. I guess the best way to avoid misunderstandings between a tenant and a landlord would be to ensure that they reach an agreement as to how costs related to improvements are handled prior to the introduction of the improvements, aside from having these included in the lease contract.

  • tess fernandez

    good am!!what if we dont have a contract, and the lessor is already ejecting us. we only stayed in the place for only 1 month and they are already ejecting us,coz one of their relatives will used the premises. we dont have any arrears and we dont pay the 2 mos deposit because they dont pay the arrears in meralco and the water bill. we paid the advance payment. please advice us and thank you very much.

  • Seth

    Hello,

    First off I would just like to thank you for posting the full text. I’ve been going off of newspaper highlights and they always left me with questions.

    I do however have one question I would like to clarify. I’m curious as to whether this law applies to rent increases that were made in between January 1, 2009 to July 14, 2009. I’m assuming that there are no implications as the law was pretty “non-existent” at the time, but I keep seeing/hearing contradictory statements about this. Your opinion/response would be much appreciated.

    Thanks in advance.

    Seth

    • http://www.foreclosurephilippines.com Jay Castillo

      Hi Seth, you’re welcome! In my opinion the new law should not apply for that period as it really was not yet in effect. I really hope they can come out with this law’s implementing rules and regulations so that we’ll have clear and definite answers for this and other questions that have been asked due to the passage of the law.

  • http://pinoybusinesscoach.blogspot.com Paul Gusay

    Thank you for this update Jay, I am grateful for your site, it is indeed a lot of help since I do not have to go through each banks online asset page, it is fast, reliable.

    I would like to establish a back link to your site with my blog which is also about pinoy business coaching which I believe can also help bustling real estate investors grow their business through sound principles.

    Here is the address
    http://pinoybusinesscoach.blogspot.com

    Thanks and more power to you!

    • http://www.foreclosurephilippines.com Jay Castillo

      Hi Paul,

      Thanks for the compliment, glad to be of help. Sure we can exchange links. I’ll put your link in my blogroll, please don’t forget to put http://www.foreclosurephilippines.com in yours! Thanks!

  • Jay-R

    Hi Jay,

    I have been reading your site for quite some time now. It is very informative and I am more convinced now than after reading ThinkRich Pinoy-Quick. But I fully understand that after reading you blog site and books I still have a lot to learn about real estate.

    After going through a list of foreclosed properties I have now prospect properties that I want to invest. Problem is I do not know what to do next… Do you know if some individual/group giving seminars on quick run through about in-and-out’s in real estate investment. I am concerened about the legallity of my transactions and also have an idea on costs that I might incur during the process. I might also want to be a licensed broker that may enhance may credibility as a seller/buyer.

    Thanks in advance.
    I fully appreciate your help through this blog. I pray that this may be the turning point towards to my financial freedom.
    God Bless And More Power!!!

    • http://www.foreclosurephilippines.com Jay Castillo

      Hi Jay-R,

      You sound just like me after I attended the Think Rich Pinoy seminar last August 2007. =)

      I understand your concern about the legalities and the associated costs with real estate investing, I’ve been there! In my case, I reviewed for the broker’s seminar and learned just about everything I needed to learn. Since the brokers exam and review seminars are currently in limbo because of the RESA law, the seminar of Engineer Cruz comes to mind. However, the topic about investing in real estate was already covered last August 12, 2009. You can get a complete list of remaining topics at http://urban-institute.blogspot.com/. I’ll be attending the following topics:
      Day 6, September 16 PROPERTY VALUATION: HOW TO DO IT YOURSELF
      Day 7, September 23 HOW TO START & MANAGE A SUCCESSFUL REALTY OFFICE
      and probably Day 9, October 7 REAL ESTATE FINANCE AND INVESTMENT ANALYSIS
      If you’re attending, I’ll see you there!

      Good luck and God Bless!