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the Republic Act (RA) No. 9653, also known as the Rent Control Act of
2009.
R.A. 9653 defines rent as the amount paid for the use of a residential
unit which is usually paid on a monthly basis unless otherwise specified
in a contract.
Buildings and apartments used for business but at the same time serves
a residence to its tenants are considered as residential units except for
motels, motel rooms, hotel, and hotel rooms.
This act applies to residential units in the National Capital Region and
other highly urbanized cities which rent at or below ₱10,000; and ₱5,000
or below in all other areas in the country.
The Rent Control Act of 2009 does not cover units under a rent-to-own
scheme since a separate agreement for this is made between the owner
and the tenant.
The Rent Control Act of 2009 (R.A. No. 9653) states that the lessor or
the landlord is not allowed to increase the rent more than seven (7) %
annually if the unit is occupied by the same tenant. The lessor is only
allowed to change the rate for new tenants once the unit becomes
vacant.
Subleasing guidelines:
Aside from subleasing without the owner’s consent, other valid reasons
for eviction are as follows:
If the tenant fails to pay the required monthly rent for a total three (3) months.
In cases where the landlord refuses to accept the payment, the tenant may
deposit the payment by way of consignation to the appropriate court, or with
the city treasurer, the local barangay chairman, or deposit the amount to the
landlord’s bank account within one (1) month after the landlord’s refusal.
The tenant should also deposit the rent within ten (10) days of every current
month afterwards.
3. The owner is not allowed to lease the unit to any third party
for at least 1 year.
If the unit is the subject of an order of condemnation by appropriate
authorities and the owner/lessor needs to do necessary repairs to make the
property safe and livable. The following conditions apply for this:
Persons, whether natural or juridical, who are found to have violated any
of the provisions of this Act will be subject to a fine of not less than
₱25,000 but not more than ₱50,000.00, or imprisonment of not less than
one (1) month and one (1) day but not more than six (6) months, or both.
The Rent Control Act of 2009 has been signed into law on July 14, 2009
and should have expired on December 31, 2013 but it was extended up
to December 31, 2015 by the Housing and Urban Development
Coordinating Council (HUDCC) under the direction of the current vice
president, Jejomar Binay.