Landlords And Tenants: Know Your Rights Page 1 of 2

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Landlords And Tenants: Know Your Rights

Last updated: 10 June 2016 10:01 Created: 10 June 2016 09:45 Hits: 8668 Rating:

Disagreements between tenants and landlords are very common in the Philippines. This is why both parties are encouraged to negotiate rent before signing a
contract.  While the Rental Reform Act of 2002, which has already expired in 2004 protects the rights of landlords, the law also provides heaps of information to
tenants to prevent conflicts especially in terms of payment. While the landlord and tenant can negotiate any deposit they want, it is still necessary for both
parties to fulfill the agreements or obligations on the contract. A tenant who enters into a lease contract is usually required to deposit worth 2 to 3 months’ rent.
After the end of the tenancy, the deposit is returned one month, but the repairs and unpaid bills will be deducted.

Generally, landlords require one month’s advance rental and two months’ deposit. The deposit is often referred to as security deposit because it will be used for
paying the rent for the last month of the occupancy. In most cases, landlords are the ones who will shoulder unpaid bills and repairs.

Duration of Contract and Eviction

If the tenant is still occupying the property 15 days after the lease contract has expired, and no notice has been given by either the landlord or the tenant, it is an
implication that the contract has been renewed. Lease contracts can either be oral or written. The landlord has the right to eject a tenant due to the following
reasons:

•    Subleasing the unit without the landlord’s written consent;

•    Non-payment of rent for three months;
•    Landlord needs property for personal use;
•    Landlord needs to make necessary repairs, but may notify ejected tenant if still interested in renting the same unit.

The lease agreement can be terminated by the tenant at any time and may also withhold rent payments if the landlord has not made any necessary repairs. A
notice of 15 days will be given to the tenants if the unit is condemned for demolition. A case must be filed in court for tenant eviction and within 10 days, the
landlord can apply for a permit to reclaim the property. Within 30 days, the court makes a decision and order the Court Sheriff to assist the landlord in claiming
the property.

If there are problems regarding tenancy agreement, barangay tribunals are the ones who mediate in such problems. However, unresolved landlord-tenant
problems are taken to court, but this can be a long and expensive process. A landlord often applies pressure by influencing the police in evicting a tenant.

Posted in: Business (/legal-news/category/6-business), Contracts (/legal-news/category/26-contracts)

Tagged with: law (/legal-news/tag/28-law), business (/legal-news/tag/29-business), agreement (/legal-news/tag/33-agreement), violation (/legal-news/tag/79-violation)

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Written by : Pinoy Attorney (/legal-news/author/42-pinoy-attorney)

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https://attorney.org.ph/legal-news/134-landlords-and-tenants-know-your-rights 23 Aug 2019

Landlords And Tenants: Know Your Rights Page 2 of 2

Comments

4 Comments Sort by Oldest

Add a comment...

Lea Ticman Santos

What is the Law regarding landlord responsibility for tenant safety?
Like · Reply · 1y

Allan Miller
Looking for an attorney re: landord/tenent law. In SJDM Bulacan. allan9102@yahoo.com
Like · Reply · 1y

Teresa Espinosa
what is the law regarding tenants rights in paying rent
Like · Reply · 36w

David Riach
Does the law require that there must be a written tenancy agreement for a rental of less than 10,000
pesos per month?
Like · Reply · 6w

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https://attorney.org.ph/legal-news/134-landlords-and-tenants-know-your-rights 23 Aug 2019